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Content Overview

Embarking on the journey towards securing a future in the United States can often seem overwhelming due to the multitude of forms and procedures involved. Among these, the USCIS I-864 form stands out as a critical document for immigrants hoping to make the U.S. their new home. This form, known as the Affidavit of Support, plays a pivotal role in the immigration process, acting as a legally enforceable promise by a sponsor to support the immigrant financially. The necessity of this form stretches across various types of immigration applications, particularly those seeking family-based visas. It's a testament to the government's requirement that immigrants do not become public charges. The form involves detailed information about the sponsor's financial situation, including income, assets, and liabilities, to prove their ability to support the immigrant. The implications of signing this form are significant, binding the sponsor to financial responsibilities for the immigrant. Understanding the form's requirements, its implications for both the sponsor and the immigrant, and navigating the complexities of its completion are essential steps in ensuring a smooth path toward establishing a life in the United States.

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Affidavit of Support Under Section 213A of the INA

USCIS

Form I-864

Department of Homeland Security

OMB No. 1615-0075

U.S. Citizenship and Immigration Services

Expires 10/31/2021

For

USCIS

Use

Only

Affidavit of Support Submitter

Petitioner

1st Joint Sponsor

2nd Joint Sponsor

Substitute Sponsor

5% Owner

Section 213A Review

MEETS

DOES NOT MEET

requirements

requirements

 

 

 

 

 

Reviewed By:

 

 

 

Office:

 

 

 

 

Date (mm/dd/yyyy):

Number of Support Affidavits in File

1

2

Remarks

To be completed by an

Select this box if

 

Attorney State Bar Number

 

 

Attorney or Accredited Representative

 

Form G-28 or

 

(if applicable)

 

 

USCIS Online Account Number (if any)

 

attorney or accredited

 

 

 

 

G-28I is attached.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

representative (if any).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

START HERE - Type or print in black ink.

Part 1. Basis For Filing Affidavit of Support

I,

 

,

am the sponsor submitting this affidavit of support because (Select only one box):

1.a.

I am the petitioner. I filed or am filing for the

 

immigration of my relative.

1.b.

I filed an alien worker petition on behalf of the

 

intending immigrant, who is related to me as my

Mailing Address

(USPS ZIP Code Lookup)

 

 

2.a. In Care Of Name

2.b. Street Number

and Name

2.c. Apt. Ste. Flr.

2.d. City or Town

1.c.

I have an ownership interest of at least 5 percent in

 

 

 

which filed an alien worker petition on behalf of the

 

intending immigrant, who is related to me as my

1.d.

 

I am the only joint sponsor.

2.e. State

2.g. Province

2.h. Postal Code 2.i. Country

2.f. ZIP Code

1.e.

I am the

first

second of two joint sponsors.

1.f.

The original petitioner is deceased. I am the

 

substitute sponsor. I am the intending immigrant's

 

 

 

 

 

 

 

 

NOTE: If you are filing this form as a sponsor, you must include proof of your U.S. citizenship, U.S. national status, or lawful permanent resident status.

Other Information

3.Country of Citizenship or Nationality

4.Date of Birth (mm/dd/yyyy)

5.Alien Registration Number (A-Number) (if any)

A-

Part 2. Information About the Principal Immigrant

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

1.c. Middle Name

6.USCIS Online Account Number (if any)

7.Daytime Telephone Number

Form I-864 10/15/19

Page 1 of 10

Part 3. Information About the Immigrants You Are Sponsoring

1.I am sponsoring the principal immigrant named in Part 2.

Yes

No (Applicable only if you are sponsoring

 

family members in Part 3. as the second

 

joint sponsor or if you are sponsoring

 

family members who are immigrating

 

more than six months after the principal

 

immigrant)

2. I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2. (Do not include any relative listed on a separate visa petition.)

3. I am sponsoring the following family members who are immigrating more than six months after the principal immigrant.

Family Member 1

4.a. Family Name

(Last Name)

4.b. Given Name

(First Name)

4.c. Middle Name

5.Relationship to Principal Immigrant

6. Date of Birth (mm/dd/yyyy)

7.Alien Registration Number (A-Number) (if any)

A-

8.USCIS Online Account Number (if any)

Family Member 2

9.a. Family Name

(Last Name)

9.b. Given Name

(First Name)

9.c. Middle Name

10.Relationship to Principal Immigrant

11. Date of Birth (mm/dd/yyyy)

12.Alien Registration Number (A-Number) (if any)

A-

13.USCIS Online Account Number (if any)

Family Member 3

14.a. Family Name

(Last Name)

14.b. Given Name

(First Name)

14.c. Middle Name

15.Relationship to Principal Immigrant

16.Date of Birth (mm/dd/yyyy)

17.Alien Registration Number (A-Number) (if any)

A-

18.USCIS Online Account Number (if any)

Family Member 4

19.a. Family Name

(Last Name)

19.b. Given Name

(First Name)

19.c. Middle Name

20.Relationship to Principal Immigrant

21.Date of Birth (mm/dd/yyyy)

22.Alien Registration Number (A-Number) (if any)

A-

23.USCIS Online Account Number (if any)

Family Member 5

24.a. Family Name

(Last Name)

24.b. Given Name

(First Name)

24.c. Middle Name

25.Relationship to Principal Immigrant

26.Date of Birth (mm/dd/yyyy)

27.Alien Registration Number (A-Number) (if any)

A-

28.USCIS Online Account Number (if any)

Form I-864 10/15/19

Page 2 of 10

Part 3. Information About the Immigrants You Are Sponsoring (continued)

29. Enter the total number of immigrants you are sponsoring on

this affidavit which includes the principal immigrant listed

in Part 2., any immigrants listed in Part 3., Item

Numbers 1. - 28. and (if applicable), any immigrants listed

for these questions in Part 11. Additional Information.

Do not count the principal immigrant if you are only

Sponsor's Physical Address

4.a. Street Number

and Name

4.b. Apt. Ste. Flr.

4.c. City or Town

sponsoring family members entering more than 6 months

after the principal immigrant.

Part 4. Information About You (Sponsor)

Sponsor's Full Name

4.d. State

4.f. Province

4.g. Postal Code

4.h. Country

4.e. ZIP Code

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

1.c. Middle Name

Sponsor's Mailing Address

2.a. In Care Of Name

2.b. Street Number

and Name

2.c. Apt. Ste. Flr.

2.d. City or Town

2.e. State

 

2.f. ZIP Code

 

 

 

2.g. Province

2.h. Postal Code

2.i. Country

3.Is your current mailing address the same as your physical

address?

Yes

No

 

If you answered "No" to Item Number 3., provide your physical address in Item Numbers 4.a. - 4.h.

Other Information

5.Country of Domicile

6. Date of Birth (mm/dd/yyyy)

7.City or Town of Birth

8.State or Province of Birth

9.Country of Birth

10.U.S. Social Security Number (Required)

 

 

 

 

 

 

 

 

 

 

Citizenship or Residency

 

 

 

 

 

 

11.a.

I am a U.S. citizen.

11.b.

I am a U.S. national.

11.c.

I am a lawful permanent resident.

12.Sponsor's A-Number (if any)

A-

13.Sponsor's USCIS Online Account Number (if any)

Military Service (To be completed by petitioner sponsors only.)

14.I am currently on active duty in the U.S. Armed Forces

or U.S. Coast Guard.

Yes

No

 

Form I-864 10/15/19

Page 3 of 10

For

USCIS

Use

Only

Part 5. Sponsor's Household Size

NOTE: Do not count any member of your household more than once.

Persons you are sponsoring in this affidavit:

5.

6.

Retired Since (mm/dd/yyyy)

Unemployed Since (mm/dd/yyyy)

1.Provide the number you entered in Part 3., Item Number

29.

Persons NOT sponsored in this affidavit:

2. Yourself.

3.If you are currently married, enter "1" for your spouse.

4.If you have dependent children, enter the number here.

5.If you have any other dependents, enter the number here.

6.If you have sponsored any other persons on Form I-864 or Form I-864EZ who are now lawful permanent residents,

enter the number here.

7.OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form

I-864A, enter the number here.

8.Add together Part 5., Item Numbers 1. - 7. and enter the number here.

Household Size:

Part 6. Sponsor's Employment and Income

I am currently:

1. Employed as a/an

2.Name of Employer 1

7.My current individual annual income is:

$

Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See Form I-864 Instructions.) Please indicate name, relationship, and income.

Person 1

8.Name

9.Relationship

10.

Current Income

$

 

Person 2

 

 

 

 

11.

Name

 

 

 

 

 

 

12.

Relationship

 

 

 

 

 

 

13.

Current Income

$

 

 

 

 

 

 

Person 3

14.Name

15.Relationship

16. Current Income

$

Person 4

3. Name of Employer 2 (if applicable)

17. Name

 

 

 

 

4.

Self-Employed as a/an (Occupation)

18.

Relationship

 

 

 

 

 

 

 

 

 

19. Current Income

$

Form I-864 10/15/19

Page 4 of 10

For

USCIS

Use

Only

Household Size

1 2 3

4 5 6

7 8 9

Other

Poverty Guideline

Year: 2 0

Poverty Line:

$

Remarks

Part 6. Sponsor's Employment and Income

(continued)

20.My Current Annual Household Income (Total all lines from Part 6. Item Numbers 7., 10., 13., 16., and 19.; the total will be compared to Federal Poverty Guidelines on

 

Form I-864P.)

$

 

 

 

 

 

 

 

21.

The people listed in Item Numbers 8., 11., 14., and

17.have completed Form I-864A. I am filing along with this affidavit all necessary Form I-864As completed by these people.

22. One or more of the people listed in Item Numbers 8., 11., 14., and 17. do not need to complete Form I-864A because he or she is the intending immigrant and has no accompanying dependents.

Name

Federal Income Tax Return Information

23.a. Have you filed a Federal income tax return for each of the

three most recent tax years?

Yes

No

 

NOTE: You MUST attach a photocopy or transcript of your Federal income tax return for only the most recent tax year.

23.b. (Optional) I have attached photocopies or transcripts of my Federal income tax returns for my second and third most recent tax years.

My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:

 

Tax Year

 

Total Income

24.a. Most Recent

 

$

 

24.b. 2nd Most Recent

 

$

 

 

 

24.c. 3rd Most Recent

 

$

 

 

 

 

 

 

 

25. I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this.

Part 7. Use of Assets to Supplement Income

(Optional)

If your income, or the total income for you and your household, from Part 6., Item Numbers 20. or 24.a. - 24.c., exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part 7. Skip to Part 8.

Your Assets (Optional)

1.Enter the balance of all savings and checking accounts.

$

2.Enter the net cash value of real-estate holdings. (Net value means current assessed value minus mortgage debt.)

$

3.Enter the net cash value of all stocks, bonds, certificates of deposit, and any other assets not already included in Item Number 1. or Item Number 2.

$

4.Add together Item Numbers 1. - 3. and enter the number

here.

TOTAL: $

 

Assets from Form I-864A, Part 4., Item Number 3.d., for:

5.a. Name of Relative

5.b. Your household member's assets from Form I-864A

(optional).$

Assets of the principal sponsored immigrant (optional).

The principal sponsored immigrant is the person listed in Part 2., Item Numbers 1.a. - 1.c. Only include the assets if the principal immigrant is being sponsored by this affidavit of support.

6.Enter the balance of the principal immigrant's savings and

checking accounts.

$

 

7.Enter the net cash value of all the principal immigrant's real estate holdings. (Net value means investment value

minus mortgage debt.)

$

 

8.Enter the current cash value of the principal immigrant's stocks, bonds, certificates of deposit, and other assets not included in Item Number 6. or Item Number 7.

$

Form I-864 10/15/19

Page 5 of 10

 

Household Size

 

 

Poverty Guideline

Sponsor's Household Income

Remarks

For

1

2

3

 

 

Year: 2 0

(Page 5, Line 10)

 

 

 

 

 

 

USCIS

4

5

6

 

 

$

 

 

 

 

 

 

 

 

Use

 

 

 

 

 

 

 

7

8

9

 

 

Poverty Line:

The total value of all assets, line 10, must equal 5 times (3 times for spouses and children of

Only

 

 

 

 

 

 

 

 

 

 

 

USC's, or 1 time for orphans to be formally adopted in the U.S.) the difference between the

 

Other

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

poverty guidelines and the sponsor's household income, line 10.

 

 

 

 

 

 

 

 

 

 

 

 

Part 7. Use of Assets to Supplement Income

What If I Choose Not to Sign Form I-864?

(Optional) (continued)

 

 

The U.S. Government cannot make you sign Form 1-864 if you

9.

Add together Item Numbers 6. - 8. and enter the number

do not want to do so. But if you do not sign Form I-864, the

intending immigrant may not become a lawful permanent

 

here.

$

 

 

 

 

 

resident in the United States.

 

 

 

 

 

 

 

Total Value of Assets

 

 

What Does Signing Form I-864 Require Me To Do?

 

 

 

 

10.

Add together Item Numbers 4., 5.b., and 9. and enter the

If an intending immigrant becomes a lawful permanent resident

 

number here.

 

 

 

 

 

in the United States based on a Form I-864 that you have

 

TOTAL: $

 

 

 

 

 

signed, then, until your obligations under Form I-864 terminate,

 

 

 

 

 

 

 

 

you must:

Part 8. Sponsor's Contract, Statement, Contact

Information, Declaration, Certification, and

Signature

NOTE: Read the Penalties section of the Form I-864 Instructions before completing this part.

Sponsor's Contract

Please note that, by signing this Form I-864, you agree to assume certain specific obligations under the Immigration and Nationality Act (INA) and other Federal laws. The following paragraphs describe those obligations. Please read the following information carefully before you sign Form I-864. If you do not understand the obligations, you may wish to consult an attorney or accredited representative.

What is the Legal Effect of My Signing Form I-864?

If you sign Form I-864 on behalf of any person (called the intending immigrant) who is applying for an immigrant visa or for adjustment of status to a lawful permanent resident, and that intending immigrant submits Form I-864 to the U.S. Government with his or her application for an immigrant visa or adjustment of status, under INA section 213A, these actions create a contract between you and the U.S. Government. The intending immigrant becoming a lawful permanent resident is the consideration for the contract.

Under this contract, you agree that, in deciding whether the intending immigrant can establish that he or she is not inadmissible to the United States as a person likely to become a public charge, the U.S. Government can consider your income and assets as available for the support of the intending immigrant.

A.Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces or U.S. Coast Guard, and the person is your husband, wife, or unmarried child under 21 years of age); and

B.Notify U.S. Citizenship and Immigration Services (USCIS) of any change in your address, within 30 days of the change, by filing Form I-865.

What Other Consequences Are There?

If an intending immigrant becomes a lawful permanent resident in the United States based on a Form I-864 that you have signed, then, until your obligations under Form I-864 terminate, the U.S. Government may consider (deem) your income and assets as available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits and also for state or local means-tested public benefits, if the state or local government's rules provide for consideration (deeming) of your income and assets as available to the person.

This provision does not apply to public benefits specified in section 403(c) of the Welfare Reform Act such as emergency Medicaid, short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; and means-tested programs under the Elementary and Secondary Education Act.

What If I Do Not Fulfill My Obligations?

If you do not provide sufficient support to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, that person may sue you for this support.

Form I-864 10/15/19

Page 6 of 10

Part 8. Sponsor's Contract, Statement, Contact

Information, Declaration, Certification, and

Signature (continued)

If a Federal, state, local, or private agency provided any covered means-tested public benefit to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, the agency may ask you to reimburse them for the amount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount that the agency believes you owe.

If you are sued, and the court enters a judgment against you, the person or agency that sued you may use any legally permitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection, including attorney fees.

If you do not file a properly completed Form I-865 within 30 days of any change of address, USCIS may impose a civil fine for your failing to do so.

When Will These Obligations End?

Your obligations under a Form I-864 that you signed will end if the person who becomes a lawful permanent resident based on that affidavit:

A.Becomes a U.S. citizen;

B.Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;

C.No longer has lawful permanent resident status and has departed the United States;

D.Is subject to removal, but applies for and obtains, in removal proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or

E.Dies.

NOTE: Divorce does not terminate your obligations under Form I-864.

Your obligations under a Form I-864 that you signed also end if you die. Therefore, if you die, your estate is not required to take responsibility for the person's support after your death. However, your estate may owe any support that you accumulated before you died.

Sponsor's Statement

NOTE: Select the box for either Item Number 1.a. or 1.b. If applicable, select the box for Item Number 2.

1.a.

I can read and understand English, and I have read

 

and understand every question and instruction on this

 

affidavit and my answer to every question.

1.b.

The interpreter named in Part 9. read to me every

 

question and instruction on this affidavit and my

 

answer to every question in

 

 

 

 

 

,

 

a language in which I am fluent, and I understood

 

everything.

2.

At my request, the preparer named in Part 10.,

 

 

,

 

prepared this affidavit for me based only upon

 

information I provided or authorized.

Sponsor's Contact Information

3.Sponsor's Daytime Telephone Number

4.Sponsor's Mobile Telephone Number (if any)

5.Sponsor's Email Address (if any)

Sponsor's Declaration and Certification

Copies of any documents I have submitted are exact photocopies of unaltered, original documents, and I understand that USCIS or the U.S. Department of State (DOS) may require that I submit original documents to USCIS or DOS at a later date. Furthermore, I authorize the release of any information from any and all of my records that USCIS or DOS may need to determine my eligibility for the benefit that I seek.

I furthermore authorize release of information contained in this affidavit, in supporting documents, and in my USCIS or DOS records, to other entities and persons where necessary for the administration and enforcement of U.S. immigration law.

I certify, under penalty of perjury, that all of the information in my affidavit and any document submitted with it were provided or authorized by me, that I reviewed and understand all of the information contained in, and submitted with, my affidavit and that all of this information is complete, true, and correct.

A.I know the contents of this affidavit of support that I signed;

B.I have read and I understand each of the obligations described in Part 8., and I agree, freely and without any mental reservation or purpose of evasion, to accept each of those obligations in order to make it possible for the immigrants indicated in Part 3. to become lawful permanent residents of the United States;

C.I agree to submit to the personal jurisdiction of any Federal or state court that has subject matter jurisdiction of a lawsuit against me to enforce my obligations under this Form I-864;

Form I-864 10/15/19

Page 7 of 10

Part 8. Sponsor's Contract, Statement, Contact Information, Declaration, Certification, and

Signature (continued)

D.

Each of the Federal income tax returns submitted in

 

support of this affidavit are true copies, or are

 

unaltered tax transcripts, of the tax returns I filed

 

with the IRS;

Interpreter's Mailing Address

3.a. Street Number

and Name

3.b. Apt. Ste. Flr.

3.c. City or Town

E.

I understand that, if I am related to the sponsored

 

immigrant by marriage, the termination of the

 

marriage (by divorce, dissolution, annulment, or

 

other legal process) will not relieve me of my

 

obligations under this Form I-864; and

F.

I authorize the Social Security Administration to

 

release information about me in its records to

 

USCIS and DOS.

3.d. State

3.f. Province

3.g. Postal Code

3.h. Country

3.e. ZIP Code

Sponsor's Signature

6.a. Sponsor's Signature

6.b. Date of Signature (mm/dd/yyyy)

NOTE TO ALL SPONSORS: If you do not completely fill out this affidavit or fail to submit required documents listed in the Instructions, USCIS or DOS may deny your affidavit.

Part 9. Interpreter's Contact Information, Certification, and Signature

Provide the following information about the interpreter.

Interpreter's Full Name

1.a. Interpreter's Family Name (Last Name)

1.b. Interpreter's Given Name (First Name)

2.Interpreter's Business or Organization Name (if any)

Interpreter's Contact Information

4.Interpreter's Daytime Telephone Number

5.Interpreter's Mobile Telephone Number (if any)

6.Interpreter's Email Address (if any)

Interpreter's Certification

I certify, under penalty of perjury, that:

I am fluent in English and

 

,

which is the same language specified in Part 8., Item Number 1.b., and I have read to this sponsor in the identified language every question and instruction on this affidavit and his or her answer to every question. The sponsor informed me that he or she understands every instruction, question, and answer on the affidavit, including the Sponsor's Declaration and Certification, and has verified the accuracy of every answer.

Interpreter's Signature

7.a. Interpreter's Signature

7.b. Date of Signature (mm/dd/yyyy)

Form I-864 10/15/19

Page 8 of 10

Part 10. Contact Information, Declaration, and Signature of the Person Preparing this Affidavit, if Other Than the Sponsor

Provide the following information about the preparer.

Preparer's Full Name

1.a. Preparer's Family Name (Last Name)

1.b. Preparer's Given Name (First Name)

2.Preparer's Business or Organization Name (if any)

Preparer's Mailing Address

3.a. Street Number

and Name

3.b. Apt. Ste. Flr.

3.c. City or Town

Preparer's Statement

7.a.

I am not an attorney or accredited representative but

 

have prepared this affidavit on behalf of the sponsor

 

and with the sponsor's consent.

7.b.

I am an attorney or accredited representative and my

 

representation of the sponsor in this case

 

extends

does not extend beyond the

preparation of this affidavit.

NOTE: If you are an attorney or accredited representative, you may be obliged to submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, or G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States, with this affidavit.

Preparer's Certification

By my signature, I certify, under penalty of perjury, that I prepared this affidavit at the request of the sponsor. The sponsor then reviewed this completed affidavit and informed me that he or she understands all of the information contained in, and submitted with, his or her affidavit, including the

3.d. State

3.f. Province

3.g. Postal Code

3.h. Country

3.e. ZIP Code

Sponsor's Declaration and Certification, and that all of this information is complete, true, and correct. I completed this affidavit based only on information that the sponsor provided to me or authorized me to obtain or use.

Preparer's Signature

8.a. Preparer's Signature

Preparer's Contact Information

4.Preparer's Daytime Telephone Number

5.Preparer's Mobile Telephone Number (if any)

6.Preparer's Email Address (if any)

8.b. Date of Signature (mm/dd/yyyy)

Form I-864 10/15/19

Page 9 of 10

Part 11. Additional Information

If you need extra space to provide any additional information within this affidavit, use the space below. If you need more space than what is provided, you may make copies of this page to complete and file with this affidavit or attach a separate sheet of paper. Type or print your name and A-Number (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

1.c. Middle Name

2.A-Number (if any)

A-

3.a. Page Number 3.b. Part Number 3.c. Item Number

3.d.

4.a. Page Number 4.b. Part Number 4.c. Item Number

4.d.

5.a. Page Number 5.b. Part Number 5.c. Item Number

5.d.

6.a. Page Number 6.b. Part Number 6.c. Item Number

6.d.

7.a. Page Number 7.b. Part Number 7.c. Item Number

7.d.

Form I-864 10/15/19

Page 10 of 10

Form Specifications

Fact Number Description
1 The USCIS I-864 form is officially called the Affidavit of Support.
2 This form is used by sponsors to show they have enough income or assets to support immigrants coming to the United States.
3 It is typically required by the United States Citizenship and Immigration Services (USCIS) for family-based immigrants and some employment-based immigrants.
4 Sponsors must prove they earn at least 125% of the Federal Poverty Guidelines for their household size, unless they are on active duty in the Armed Forces, where the requirement is 100%.
5 If the sponsor does not meet the income requirements alone, joint sponsors or household members' income can be included.
6 The form is legally binding. The sponsor promises to support the immigrant so they do not become a public charge.
7 The obligation usually lasts until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work (typically 10 years), dies, or permanently leaves the U.S.

USCIS I-864: Usage Guidelines

Filling out the USCIS I-864 form, also known as the Affidavit of Support, is a critical step in the U.S. immigration process for those sponsoring family members to become permanent residents. This document acts as a pledge from the sponsor that the immigrant will not rely on government assistance, reflecting the sponsor's ability to support them financially. Approaching this form with detailed attention ensures all information is accurate and complete, helping to avoid potential delays in the immigration process. The steps outlined below will guide you through each part of the form, ensuring you fulfill your role as a sponsor effectively.

  1. Gather Documentation: Before starting, collect your federal income tax returns, W-2s, and proof of income. These documents will help you accurately fill in the financial sections.
  2. Read Instructions Carefully: Each part of the I-864 form comes with specific instructions. Review these thoroughly to understand what information is required where.
  3. Complete Basic Information: Enter your full legal name, mailing address, date of birth, and place of birth. Ensure the accuracy of your personal details, as they must match other immigration documents.
  4. Specify Your Relationship to the Immigrant: Detail how you are related to the immigrant you are sponsoring. This section establishes your eligibility to act as a sponsor.
  5. Provide Household Size: Calculate and enter the total number of dependents in your household. This includes you, the immigrant(s) you are sponsoring, and any other dependents you have. It's crucial for determining the income requirement.
  6. Document Your Income: Enter your total income as reported on your most recent federal tax return. Additionally, include information on other sources of income, if applicable.
  7. Include Asset Details: If your current income does not meet the minimum income requirement, you can list assets such as savings, property, or stocks to show your ability to support the immigrant.
  8. Fill in the Sponsor's Employment Information: If you are employed, provide details about your employer, job title, and length of employment. This information validates your income source.
  9. Sign and Date the Form: Your signature certifies that all the information provided is true and correct to the best of your knowledge. Incomplete or unsigned forms will be rejected.
  10. Include Supporting Documents: Attach copies of your tax returns, W-2s, and any other financial documents you referenced in the form. This step is crucial for proving your financial capacity.
  11. Review the Entire Form: Before submission, double-check each section for accuracy and completeness. Errors or missing information can result in processing delays.
  12. Submit the Form and Documents: Follow the instructions for submission on the USCIS website or on your immigration lawyer’s advice. Keep a copy of the entire package for your records.

After submitting the I-864 form, the next phase involves waiting for USCIS to process your application. Depending on the caseload, this can take several months. During this period, you might be asked to provide additional information or clarification. Keeping a clear line of communication with the immigrant you are sponsoring is vital, as both parties need to be prepared for possible interviews or further documentation requests. Successfully completing the I-864 form is a significant milestone in helping a family member achieve permanent resident status in the U.S., demonstrating the importance of accuracy and thoroughness in this process.

Your Questions, Answered

What is the USCIS I-864 form?

The USCIS I-864 form, also known as the Affidavit of Support Under Section 213A of the INA, is a document that a sponsor must complete and sign to accept financial responsibility for a relative who is coming to the United States to live permanently. This form is used by the U.S. Citizenship and Immigration Services (USCIS) to assess the sponsor's ability to support the immigrant.

Who needs to fill out the USCIS I-864 form?

U.S. citizens or lawful permanent residents who are sponsoring a family member for a green card must fill out the I-864 form. This includes anyone who is bringing a relative to live in the United States permanently, applying for a family-based green card, or supporting a family member's adjustment of status application.

What information do I need to provide in the I-864 form?

In the I-864 form, you must provide detailed information about your employment, income, assets, household size, and your relationship to the person you are sponsoring. You also need to provide proof of your U.S. citizenship or lawful permanent resident status, along with your federal income tax returns for the most recent tax year.

Is there a minimum income requirement for the I-864 form?

Yes, there is a minimum income requirement. You must demonstrate that your income is at least 125% of the Federal Poverty Guidelines for your household size, including the relative you are sponsoring. These guidelines change annually and vary based on household size and location.

Can assets be used to meet the income requirements?

Yes, if your income does not meet the required threshold, you can use the value of your assets, such as savings, real estate, stocks, and bonds, to supplement your income. The value of your assets must be at least five times the difference between your income and the required income threshold, unless you are sponsoring a spouse or minor child.

What happens if I fail to provide sufficient support to the immigrant?

If you fail to provide sufficient financial support to the immigrant you are sponsoring, you may be sued by the immigrant or the government agency that provided public benefits to the immigrant. The purpose of the I-864 form is to ensure that the immigrant does not become a public charge, or reliant on government assistance.

Can the obligation to support the immigrant ever be terminated?

The obligation to support the immigrant continues until the immigrant becomes a U.S. citizen, has worked 40 quarters credited towards Social Security (approximately 10 years), leaves the United States permanently, or passes away. Divorce from the sponsored immigrant does not terminate your obligation.

Common mistakes

Filling out the USCIS I-864, Affidavit of Support form, is a critical step for individuals sponsoring a family member for U.S. permanent resident status. However, certain errors can delay the process or impact the application negatively. Here are five common mistakes to avoid:

  1. Not Updating Personal Information: Applicants sometimes fail to update their personal information such as address, phone number, or email. USCIS needs current information to contact you about your case.

  2. Incorrect Financial Information: Entering incorrect financial details is a major issue. This includes mistakes in reported income, taxes, or asset value. Accurate financial information is vital to determine the sponsor's ability to support the immigrant.

  3. Omitting Required Documentation: Failing to attach all required documents, such as tax returns, W-2s, or proof of income, can lead to delays or denials. Every piece of requested documentation is crucial for the approval process.

  4. Signing in the Wrong Place: It might seem minor, but signing in the wrong section or failing to sign altogether is a common mistake. A signature verifies that all information provided is true and accurate to the best of the applicant’s knowledge.

  5. Not Using the Most Recent Form Version: USCIS periodically updates its forms. Submitting an outdated version of the I-864 can result in the rejection of your application. Always check the USCIS website for the most current form.

Avoiding these errors can streamline the sponsorship process, helping to ensure that everything goes smoothly for both the sponsor and the beneficiary. Attention to detail and thoroughness are your best tools when completing the I-864 form.

Documents used along the form

When sponsoring an immigrant to the United States, the USCIS I-864, Affidavit of Support form, is a critical document. This form demonstrates that the immigrant will have adequate financial support and will not become a public charge. However, this form doesn't stand alone. A handful of other documents are often needed to complete the application process effectively. Understanding these documents can help ensure a smoother progression through the immigration journey.

  • Form I-485, Application to Register Permanent Residence or Adjust Status: This form is used by an individual who is already in the U.S. to apply for lawful permanent resident status.
  • Form I-130, Petition for Alien Relative: Filed by a U.S. citizen or lawful permanent resident, this form establishes the relationship to an immigrant whom they are sponsoring.
  • Form I-864A, Contract Between Sponsor and Household Member: This form is filled out when a household member agrees to support the immigrant, becoming a co-sponsor.
  • Form I-765, Application for Employment Authorization: This form is necessary for the immigrant if they wish to work in the U.S. while their green card application is being processed.
  • Form I-131, Application for Travel Document: Also known as a reentry permit, this document allows an immigrant to leave the U.S. temporarily and return without jeopardizing their status.
  • Form I-751, Petition to Remove Conditions on Residence: For immigrants who received conditional permanent resident status based on marriage, this form is used to apply for the removal of those conditions.
  • Passport, birth certificates, and marriage certificates: Original or certified copies of these personal documents are often required to verify the identity and relationships of those involved in the immigration process.

Each document plays a pivotal role in the immigration process, either by providing evidence, requesting permission, or fulfilling legal requirements. Assembling these forms alongside the USCIS I-864 can be a daunting task, but understanding their purpose and requirements is the first step towards successful navigation of the U.S. immigration system. Always ensure that the most current versions of these forms are used and that they are filled out accurately to avoid potential delays or denials.

Similar forms

  • The USCIS I-130 form, also known as the Petition for Alien Relative, shares similarities with the I-864 in that it is a foundational document required in the family-based immigration process. Both forms are essential steps in establishing a relationship between the petitioner and the beneficiary, aiming to reunite families.

  • The USCIS I-485, Application to Register Permanent Residence or Adjust Status, is another form that parallels the I-864. While the I-864 focuses on the financial aspect, ensuring the immigrant does not become a public charge, the I-485 is concerned with adjusting the immigrant's status to become a lawful permanent resident.

  • The USCIS DS-260, Immigrant Visa Electronic Application, is akin to the I-864 as they both are integral parts of the visa application process for immigrants seeking to live permanently in the United States. The DS-260 collects personal information, while the I-864 assesses financial support.

  • The USCIS I-129F, Petition for Alien Fiancé(e), bears resemblance to the I-864 in its role in family-based petitions. It serves a specific purpose of enabling a fiancé(e) of a U.S. citizen to enter the United States, much like the I-864 supports the financial backing for family members.

  • The USCIS I-751, Petition to Remove Conditions on Residence, is related to the I-864 in terms of adjusting immigrant status. While the I-864 establishes financial responsibility for immigrants, the I-751 is used by conditional residents to remove conditions on their residence and achieve permanent status.

  • The USCIS N-400, Application for Naturalization, shares a goal-oriented similarity with the I-864. The I-864 form supports an immigrant's journey to reside in the U.S. permanently, and the N-400 is the next step for eligible permanent residents to apply for U.S. citizenship.

Dos and Don'ts

When dealing with the Form I-864, Affidavit of Support, a critical step in sponsoring a relative for a green card in the United States, it's essential to approach the process with precision and care. Here are six key do's and don'ts that can guide you through filling out the form accurately and effectively.

Do:

  1. Read the instructions provided by the United States Citizenship and Immigration Services (USCIS) thoroughly before beginning. These instructions are designed to guide you step by step and ensure you understand every part of the process.
  2. Ensure all information is complete and accurate. From your personal details to your financial information, accuracy is crucial to avoid delays or denials.
  3. Provide proof of your income with the necessary documentation. This typically includes tax returns, W-2 forms, and other relevant financial documents that verify your ability to support the immigrant.
  4. Seek legal advice if you encounter any complexities or uncertainties. Immigration law can be complex, and professional guidance can help navigate any potential issues.

Don't:

  • Attempt to fill out the form without having all the required documentation and information on hand. Gathering everything you need before starting can save you time and reduce the risk of mistakes.
  • Forget to sign the form. A missing signature can result in the rejection of your affidavit of support, causing unnecessary setbacks in the immigration process.
  • Underestimate the importance of being truthful and accurate. Providing false information or failing to disclose relevant details can have serious consequences, including legal penalties and denial of the application.

Misconceptions

When delving into the realm of U.S. immigration, the USCIS Form I-864, Affidavit of Support, often surfaces as a critical document. However, several misconceptions cloud the understanding of its purpose, requirements, and implications. Here, we aim to clarify some of these common misunderstandings.

  • Only family-based immigrants need an I-864: While it’s true that the Form I-864 is primarily used in family-based immigration cases, some employment-based immigrants also require an affidavit of support if a family member has petitioned for them or owns a significant percentage of the business that has filed the petition.

  • Signing an I-864 does not impose any legal obligations: Contrary to this belief, the person who signs the I-864, known as the sponsor, assumes a serious legal obligation. The sponsor commits to financially support the immigrant if necessary, and this obligation can only end under specific conditions, such as the immigrant becoming a U.S. citizen or earning 40 quarters of work under Social Security.

  • The sponsor’s income alone is not enough to qualify: Sometimes, a sponsor's income might not meet the minimum income requirements set by the USCIS. In such cases, the sponsor can use assets or a joint sponsor to meet the financial requirements.

  • Any relative can be a joint sponsor: The joint sponsor does not need to be related to the immigrant. However, they must meet all the financial and residency requirements of a primary sponsor, including the income threshold to support their household size plus the intending immigrant.

  • The I-864 is valid indefinitely: The affidavit of support is indeed a long-term commitment, but it does not last indefinitely. The obligations end when the immigrant becomes a U.S. citizen, has earned 40 work quarters credited towards Social Security, leaves the U.S. permanently, or passes away.

  • Affidavit of Support obligations are enforceable in divorce proceedings: The obligations under the I-864 continue regardless of divorce. The immigrant may even have the right to sue their sponsor for financial support if the sponsor does not provide it, despite a divorce.

  • You must update Form I-864 with changes in employment or address: Once the Form I-864 has been submitted and accepted, the sponsor is not required to inform USCIS of changes in employment or address, unless specifically requested.

  • Immigrants can sponsor themselves: In most cases, immigrants cannot sponsor themselves. A U.S. citizen or permanent resident must sponsor them. However, certain self-petitioning categories, such as widow(er)s of U.S. citizens and certain survivors of domestic violence, may not require a separate sponsor.

  • Submitting Form I-864 guarantees the immigrant’s visa or Green Card approval: Submitting a correctly filled out Form I-864 is just one part of the visa or Green Card application process. It does not guarantee approval. Immigrants must also meet other eligibility criteria set forth by USCIS.

Understanding the complexities of the USCIS Form I-864 is crucial for sponsors and immigrants alike to navigate the process accurately and ensure that both parties fulfill their respective obligations.

Key takeaways

The USCIS Form I-864, or Affidavit of Support, plays a critical role in the immigration process for individuals seeking to become permanent residents of the United States. It serves as a formal promise by a sponsor to support the immigrant financially. Understanding the key aspects of this form can ensure a smoother immigration process. Here are seven essential takeaways about completing and utilizing the USCIS I-864 form:

  • Accurate Information is Crucial: Every piece of information provided on the I-864 form must be accurate and truthful. Misrepresentations, whether accidental or intentional, can lead to delays or denial of the application and potential legal consequences for the sponsor.
  • Proof of Income is Required: Sponsors must demonstrate they have sufficient income to support the immigrant by providing evidence such as tax returns, W-2 forms, and other financial documents. The income requirement is typically at least 125% of the Federal Poverty Guidelines for the household size, including the immigrant.
  • Legal Obligation: By signing the I-864 form, the sponsor enters into a legally binding obligation to support the immigrant. This responsibility continues until the immigrant becomes a U.S. citizen, has worked 40 qualifying quarters credited towards social security, leaves the United States permanently, or dies.
  • Joint Sponsors May Be Needed: If the primary sponsor does not meet the income requirements, a joint sponsor can sign a separate I-864 to accept financial responsibility. The joint sponsor must meet all the income requirements independently.
  • Update Address with USCIS: Sponsors are required to inform USCIS of any change in their address within 30 days of moving. This ensures they receive all correspondence related to the sponsored immigrant’s legal obligations.
  • Complete the Correct Version: USCIS periodically updates its forms. Applicants and sponsors must ensure they complete the most current version of the I-864 form to avoid processing delays.
  • Seek Legal Advice if Needed: Because of the complexity and legal implications of the I-864 form, individuals may benefit from consulting with an immigration attorney. An attorney can provide personalized advice and help navigate the process more effectively.