Reference Citation

20 Massachusetts Avenue, N.W.
Washington, D.C. 20536

HQRPM 70/21.1.13

To:

REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
DISTRICT DIRECTORS
NATIONAL BENEFITS CENTER DIRECTOR

From: Michael Aytes /s/
Acting Director for Domestic Operations
Date: June 27, 2006
RE:

Consolidation of Policy Regarding USCIS Form I-864, Affidavit of Support
(AFM Update AD06-20)

1.

Purpose

This memorandum revises Chapter 20.5 of the Adjudicator’s Field Manual (AFM) to
conform this chapter to the final rule relating to the use of Affidavits of Support (Forms I-864)
under section 213A of the Immigration and Nationality Act (INA), 8 U.S.C. 1183a, as amended.
The final rule was published on June 21, 2006 in the Federal Register at 71 FR 35732.
This memorandum also (1) clarifies that an Affidavit of Support must be sufficient both
at the time the adjustment of status application is filed and at the time the adjustment application
is adjudicated, and (2) reiterates that, subject to limited exceptions, an Affidavit of Support is
sufficient at the time of the adjudication if it was sufficient at the time it was filed with the Form
I-485, Application to Register Permanent Residence or to Adjust Status.
Both the final rule and this memorandum are effective July 21, 2006.
2.

Background

On October 19, 1997, USCIS published an interim rule implementing section 213A of the
Immigration and Nationality Act. Since that date, the former Immigration and Naturalization
Service (INS) and USCIS have issued a May 18, 1998 Federal Register notice (at 63 FR 27193)
and several policy memoranda regarding section 213A of the Act, including
•

Clarification of Service policy concerning I-864 affidavit of support (March 7, 2000);

Clarification of Policy Regarding USCIS Form I-864, Affidavit of Support
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•
•
•
•
•

Effect of enactment of the Child Citizenship act of 2000 on the affidavit of support
requirement under INA 212(a)(4) and 213A (May 17, 2001);
Whether an affidavit of support is required if the alien already has, or can be credited
with, 40 qualifying quarters of coverage (May 17, 2001);
Policy Change - Public Law 107-150, the Family Sponsor Immigration Act of 2002:
Use of Substitute Sponsor if Visa Petitioner Has Died” (June 15, 2002);
Affidavit of support, employment letters, and ability to pay determinations (May 14,
2004); and
USCIS policy regarding Form I-864, Affidavit of Support (November 23, 2005).

On June 21, 2006, USCIS published a final rule in the Federal Register adopting the
October 19, 1997 interim rule, with appropriate changes, as a final rule. Effective July 21, 2006,
this rule incorporated many of the policies stated in the memos listed above and, in addition,
made changes not covered in the memos, such as:
•
•
•
•

•

•

•

Eliminating the requirement that sponsors submit as initial evidence pay stub(s)
covering the most recent six months and an employer letter.
Introducing the new EZ Affidavit of Support (Form I-864EZ), a short form Affidavit
of Support for certain petitioning sponsors who rely only upon their own employment
to meet the affidavit of support requirements.
Establishing the new Intending Immigrant’s I-864 Exemption (Form I-864W), a form
specifically designed to standardize the process for determining that a particular
immigrant is not required to have an affidavit of support filed on his or her behalf.
Allowing two joint sponsors per family unit intending to immigrate based upon the
same petition. If two joint sponsors are used, each joint sponsor is responsible only
for the intending immigrant(s) listed on that joint sponsor’s Form I-864, Affidavit of
Support.
Providing a more flexible definition of “household size.”
Allows, but does not require, sponsors to include as part of household size any
relatives in the household who are not dependents if they complete a Contract
Between Sponsor and Household Member (Form I-864A) promising to make their
income and/or assets available to the sponsor and intending immigrants.
Eliminates the requirement that household members must have lived in the
sponsor’s household for at least six months in order to sign a Form I-864A.
Reducing the net value of assets that must be shown in order to cover any shortfall in
the sponsor’s household income when the intending immigrant is seeking to
immigrate as:
The spouse or child of a U.S. citizen; or
An alien orphan who will be admitted as an IR-4 immigrant.
Clarifying that all income and assets used to meet the Affidavit of Support
requirement must come from a lawful source.

For a complete listing and discussion of the changes, see the attached final rule.

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3.

Field Guidance

USCIS shall follow 8 CFR 213a and Chapter 20.5 of the AFM. Any prior policy
memorandum provision that is not consistent with the regulations or Chapter 20.5, as amended
by this memorandum, is rescinded.
4.

Contact Information

Questions regarding this memorandum and USCIS policy regarding Form I-864,
Affidavit of Support, may be directed by email through appropriate supervisory channels to
Jonathan Mills, USCIS Office of Regulations and Product Management (RPM).
5.

AFM Update

1. Chapter 20.5 of the AFM is revised to read:
20.5 Enforceable Affidavits of Support.
(a) Background. Section 213A of the Act and 8 CFR 213a require most family-based
and certain employment-based intending immigrants who, on or after December 19,
1997, seek to enter the United States as immigrants or who apply for adjustment of
status to establish that they are not inadmissible under section 212(a)(4) of the Act by
having a sponsor sign a legally enforceable Affidavit of Support on behalf of the affected
intending immigrant(s).
The Affidavit is submitted on Form I-864, or, for those sponsors who are eligible to use
it, on Form I-864EZ. The new Form I-864, Form I-864A, and Form I-864EZ, and I-864W
are all dated January 15, 2006. The Forms are available at www.uscis.gov. To help
ensure an orderly transition from the old Form I-864 and I-864A to the new forms,
USCIS should continue to accept old versions of Form I-864 and Form I-864A until
October 19, 2006, a grace period of 90 days from the effective date of the final rule.
Unless otherwise noted, references to Form I-864, Affidavit of Support, include Form I864EZ, a short form Affidavit of Support to be used by certain petitioning sponsors who
rely only upon their own employment to meet the affidavit of support requirements.
Regulations governing the use of Form I-864 are located in 8 CFR 213a.
(b) Persons Required to Have Sponsorship. The following intending immigrants are
required to have Form I-864 filed on their behalf:
•
•

Immediate relatives, including K nonimmigrants adjusting to LPR status and orphans
(unless the orphan would become a citizen upon adjustment of status pursuant to
section 320 of the Act);
Family based immigrants;

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•

Employment based immigrants if the petitioning employer is a relative of the alien,
and is a U.S. citizen or Lawful Permanent Resident; and

•

Employment based immigrants if a relative of the alien has a significant ownership
interest (5% or more) in the for-profit petitioning entity, and is a U.S. citizen or a
Lawful Permanent Resident.

Note: For employment based cases, an Affidavit of Support is required only if the
intending immigrant will work for a relative who is eligible to file a Form I-130 on behalf
of the intending. Therefore, for purposes of the Affidavit of Support, a relative is defined
as (1) a U.S. citizen or LPR who is the intending immigrant’s spouse, parent, child, adult
son or daughter, or (2) a U.S. citizen who is the intending immigrant’s brother or sister.
Note: An applicant for adjustment of status who filed his or her Form I-485 prior to
December 19, 1997, is exempt from the Affidavit of Support requirement even if the
interview is conducted and/or the application is adjudicated after that date. [See Section
531(b) of Pub. L. 104-208 and 8 CFR 213a.2(a)(2)(i) (adjustment applicants) and
213a.2(a)(2)(ii)(B) (applicants for admission).]
Some editions of the Form I-864 and Form I-864A include a jurat to be completed by a
notary or by a consular or immigration officer to show that the person signed or
acknowledged the signing of the Form I-864 or I-864A under oath. The Form I-864 and
Form I-864A, however, provide that they are signed “under penalty of perjury.” Thus, 28
U.S.C. 1746 (which deals with the legal effect of unsworn statements) makes it
unnecessary for Form I-864 and Form I-864A to be signed in the presence of or certified
by a notary public or an Immigration or Consular Officer. Note that the jurat has been
removed from the January 15, 2006 edition of the Forms I-864 and I-864A. Form I86EZ is a newer form, and therefore never had the jurat.
Accompanying spouses and children also need to submit Form I-864s. Each spouse or
child must submit a photocopy of the principal’s I-864, but they do not need to submit a
photocopy of the supporting documentation. A spouse or child is considered to be
“accompanying” a principal immigrant if they apply for an immigrant visa or adjustment
of status either at the same time as the principal immigrant or within 6 months after the
date the principal immigrant acquires LPR status.
Following-to-join spouses and children (those who apply for an immigrant visa or
adjustment of status 6 months or more after the principal immigrant) require a new Form
I-864 at the time they immigrate or adjust status.
(c) Applicants Exempt from Sponsorship. The following intending immigrants do not
need to file Form I-864 when applying for adjustment of status:

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•

•
•
•
•
•
•
•

Any intending immigrant who falls within an immigrant classification listed in section
20.5(b) above but
Has already earned, or can be credited with 40 quarters of coverage pursuant to
the Social Security Administration’s regulations; or
Is classified as the child of a U.S. citizen, if the child’s adjustment of status
application is approved before the child’s 18th birthday, and if the approval will
make the child a citizen under section 320 of the Act (i.e., the Child Citizenship
Act of 2000).
Diversity immigrants.
Special immigrants.
Employment based immigrants (other than those for whom a relative either filed the
Form I-140 or owns 5% or more of the firm that filed the Form I-140).
Self-petitioning immigrants (including self-petitioning widow(ers) and battered
spouses and children).
Refugees and asylees adjusting status.
Registrants under section 249 of the INA.
Any other intending immigrant not falling within a class of admission listed in section
20.5(b) above.

(d) Sponsor Requirements.
(1) General. A sponsor who completes Form I-864 must be all of the following:
•

The petitioning relative or the relative who has a significant ownership interest in
the petitioning entity;

•

An individual (a sponsor cannot be a corporation, organization, or other entity);

•

A citizen of the United States or a permanent resident (including conditional
residents);

•

At least 18 years of age;

•

Domiciled in the United States, the District of Columbia, or any territory or
possession of the United States (see section (d)(2) below).

•

Able to demonstrate the means to maintain an income of at least 125% of the
Federal Poverty Guidelines for the sponsor’s household size, including the
immigrants being sponsored or previously sponsored. A sponsor on active duty
in the U.S. Armed Forces, other than active duty for training, who is petitioning
for a spouse or child must only demonstrate the means to maintain an income
equal to at least 100% of the Federal Poverty Guidelines. Assets of the sponsor,
the intending immigrant, or both may be used to demonstrate this requirement.

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Note: A non-citizen U.S. national may sign a Form I-864 only as a joint
sponsor.
(2) Domicile. Domicile means the place where a sponsor has his or her principal
residence, as defined in section 101(a)(33) of the Act, with the intention to maintain
that residence for the foreseeable future. A United States citizen living abroad
whose employment meets the requirements of section 319(b)(1) of the Act is
considered to be domiciled in the United States. For purposes of the ability to sign a
Form I-864, an LPR living abroad is considered to have a domicile in the United
States during a temporary period of residence abroad if he/she has obtained
preservation of residence benefits under 316(b) or 317 of the INA. There may be
other situations in which a U.S. citizen or LPR can establish that his or her domicile
is still in the United States, despite the fact that the citizen or LPR is currently living
outside the United States. Critical issue: proof that the residence abroad is intended
to be only temporary and that sponsor, during the temporary absence, has
maintained an intent to keep his or her domicile in the United States, despite the
temporary sojourn abroad.
If the sponsor is not domiciled in the United States, the sponsor can still sign and
submit a Form I-864 so long as the sponsor satisfies the Department of State
officer, immigration officer, or immigration judge, by a preponderance of the
evidence, that the sponsor will establish a domicile in the United States on or before
the date of the principal intending immigrant’s admission or adjustment of status.
The intending immigrant will be inadmissible under section 212(a)(4) of the Act, and
the intending immigrant’s application for admission or adjustment of status must be
denied, if the sponsor has not, in fact, established a domicile in the United States on
or before the date of the decision on the principal application for admission at a U.S.
port of entry on an immigrant visa or adjustment of status.
In the case of a sponsor who comes to the United States intending to establish his or
her principal residence in the United States at the same time as the principal
intending immigrant’s arrival and application for admission at a port-of-entry, the
sponsor shall be deemed to have established a domicile in the United States for
purposes of this paragraph. If, however, the sponsor is an LPR, and the sponsor’s
own application for admission is denied, so that the sponsor leaves the United
States either under a removal order or as a result of the sponsor’s withdrawal of the
sponsor’s application for admission, the sponsor will not be deemed to have
established a domicile in the United States. Thus, the Form I-864 will not be valid
and the sponsored immigrant will be inadmissible on public charge grounds.
(3) Use of Spouse’s Income. A sponsor’s spouse who qualifies as a household
member and wishes to have his or her income included as a household member
generally needs to complete a Form I-864A. However, if the spouse is not willing to
let the sponsor rely on the spouse’s income, that is acceptable. In this situation, the
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sponsor needs to show his or her own income and which portion of any assets used
to qualify can be attributed to him or her.
In some situations, the sponsor’s spouse qualifies as a household member and is
also the intending immigrant being sponsored. Since a sponsored immigrant cannot
agree to support himself or herself, he or she should not complete a Form I-864A. If
children are also listed on the Affidavit of Support, and the sponsor intends to rely on
the spouse’s income to show the ability to support these accompanying family
members, then the spouse must complete Form I-864A in order for the sponsor to
be able to rely on the spouse’s income.
(4) Use of Intending Immigrant’s Income. If the sponsor does not meet the income
requirement on the basis of his or her own income and/or assets, the sponsor may
also count the intending immigrant’s income if (1)(a) the intending immigrant is
either the sponsor’s spouse or (b) has the same principal residence as the sponsor,
and (2) the preponderance of the evidence shows that the intending immigrant’s
income results from the intending immigrant’s lawful employment in the United
States or from some other lawful source that will continue to be available to the
intending immigrant after he or she acquires permanent resident status. The
prospect of employment in the United States that has not yet actually begun does
not count toward meeting this requirement.
Note: The revised definition of “household income” retains the requirement that,
unless the intending immigrant is the sponsor’s spouse, the intending immigrant
must have the same principal residence as the sponsor in order for the sponsor to
rely on the sponsored immigrant’s income. It is no longer required, however, that
the intending immigrant must have had the same principal residence as the sponsor
for at least 6 months.
Note: The interim rule did not directly address the ability of a sponsor to rely on an
intending immigrant’s income from unauthorized employment in meeting the Poverty
Guidelines threshold for the sponsor’s household income. In response to a specific
comment relating to the issue of the sponsor’s reliance on an intending immigrant’s
income, the revised definition of “household income” now makes it clear that income
from an intending immigrant’s unauthorized employment may not be considered in
determining whether the sponsor’s anticipated household income meets the
applicable Poverty Guidelines threshold. The basis for this clarification is the clear
public policy, as stated in INA §§ 245(c)(2) and 274A, 8 U.S.C. §§ 1255(c)(2) and
1324a, against unauthorized employment. Unauthorized employment, admittedly, is
not always a bar to adjustment of status. Nevertheless, sections 212(a)(4)(C) and
213A clearly assume that it is primarily the sponsor himself or herself who must
meet the income threshold for the Form I-864. This principle is gravely undermined
by permitting the sponsor to rely on the intending immigrant’s income, if it is derived
from unlawful employment.

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If there is an accompanying spouse and/or child listed on the Affidavit of Support,
then the sponsored intending immigrant must also complete a Form I-864A. If,
however, the sponsored intending immigrant is the only person included on the
Affidavit of Support, then he or she does not need to complete a Form I-864A.
(5) Use of Intending Immigrant’s Assets. If the sponsor does not meet the income
requirement using his or her own income and/or assets, the sponsor may include the
net value (the total value of the assets less any offsetting liabilities) of the intending
immigrant’s assets. The instructions to Part 6 of Form I-864 indicate that the
intending immigrant does not need to complete Form I-864A if he or she is using his
or her assets to qualify even if he or she has an accompanying spouse and/or
children. Instead, the intending immigrant only needs to provide documentation
showing the net value of all assets.
The required total net value of assets depends upon the basis upon which the
sponsored alien intends to immigrate. For more information, see section (j)(7)(B)
below.
(6) Substitute Sponsorship.
(A) For the primary intending immigrant, and accompanying family members.
If the visa petitioner dies before USCIS approves the visa petition, the statute
does not permit anyone else to file the Form I-864.
If the visa petitioner dies after USCIS approves the visa petition, however,
P.L. 107-150 provides discretion to permit the beneficiary to immigrate.
Under this provision, it is appropriate for USCIS to reinstate approval of the visa
petition if the request to reinstate approval is supported by a properly completed
Form I-864 signed by an eligible substitute sponsor (and by a joint sponsor, if
necessary). The substitute sponsor must be the sponsored alien’s: spouse,
parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age),
son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law,
grandparent, grandchild or legal guardian. For more information regarding P.L.
107-150, see section 21.2(g)(1)(C) of this Field Manual.
Note that the final Affidavit of Support rule includes a special accommodation for
the spouse of a citizen, if the citizen spouse has died. If, at the time of the citizen
spouse’s death, the alien spouse qualifies as a surviving “widow(er)” under
section 201(b)(2)(A)(i) of the Act, then 8 CFR 204.1(i)(1)(iv) “converts” the citizen
spouse’s Form I-130 so that it will be deemed to be a widow(er)’s Form I-360. If
the Form I-130 was approved before the citizen spouse died, it will be deemed to
be an approved Form I-360. If it was still pending, it can be approved as a Form

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I-360. In either case, the alien spouse will no longer need to have a Form I-864,
since he or she will be adjusting status as a widow(er).
If the citizen spouse and alien spouse had not been married for at least two years
when the citizen spouse died, then this “conversion” option is not available and
the alien spouse remains subject to the Affidavit of Support requirements. As
with any other Form I-130, if USCIS approved the Form I-130 before the citizen
spouse’s death, USCIS has discretion to reinstate the approval if there is a
qualified substitute sponsor.
(B) For a family member who is following to join the principal sponsored
immigrant.
In those cases where the petitioner has died after the principal sponsored alien
has obtained permanent resident status but before a dependent following to join
under section 203(d) has obtained permanent resident status, another person
may file a Form I-864 on behalf of the following-to-join dependent, if that person
meets all requirements and files a Form I-864 on behalf of the following-to-join
dependent. Under the interim rule (8 CFR 213.2(f)), this sponsor is not required
to be someone who would qualify as a substitute sponsor. The sponsor could
even be the principal sponsored alien, who, by the time the following-to-join
dependent immigrates, would be an alien lawfully admitted for permanent
residence.
(7) Joint Sponsor.
(A) Joint Sponsor Needed. If the petitioner or substitute sponsor cannot
demonstrate the ability to maintain an income of at least 125% (or 100% when
applicable) of the Federal Poverty Guidelines, the intending immigrant may meet
the Affidavit of Support requirement by obtaining a joint sponsor who is willing to
accept joint and several liability with the principal sponsor as to the obligation to
provide support to the sponsored alien and to reimburse agencies who provide
means-tested benefits to the sponsored alien during the period that the Affidavit
is enforceable. The joint sponsor must demonstrate income or assets that
independently meet the requirements to support the sponsored immigrant(s). It
is not sufficient for the combination of incomes of the primary sponsor, sponsored
immigrant and joint sponsor to meet the threshold.
The regulations at 8 CFR 213a.2(c)(2)(iii)(C) allow, but do not require, two joint
sponsors per family unit intending to immigrate based upon the same family
petition. No individual may have more than one joint sponsor, but it is not
necessary for all family members to have the same joint sponsor.

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Each joint sponsor must execute a Form I-864 that is submitted in addition to the
Form I-864 submitted by the petitioner or substitute sponsor. A joint sponsor
does not have to be related to the petitioning or substitute sponsor, or the
sponsored alien. However, a joint sponsor must otherwise meet the same
requirements as a petitioning or substitute sponsor.
The use of a joint sponsor does not eliminate the requirement that there be a
signed Form I-864 from the petitioner or substitute sponsor with his or her most
recent Federal tax return (or proof that there was no obligation to file). The
petitioner or substitute sponsor, as well as the joint sponsor, has full financial
responsibility for immigrant(s) they sponsor. If two joint sponsors are used, each
joint sponsor is responsible for supporting only the intending immigrant(s) listed
on that joint sponsor’s Form I-864.
(B) Joint Sponsor Not Needed. If the petitioning or substitute sponsor meets the
income requirements based on his or her own income, there can be no joint
sponsor. If any additional Form I-864s from joint sponsors are included in the
record, they should be removed from the file and returned to the intending
immigrant. It is very important to remove all unneeded Form I-864s from the file
so there is no confusion about who is legally responsible for the immigrant and
any deeming or enforcement actions.
(e) Sufficiency of Form I-864.
(1) In general. When determining the sufficiency of a Form I-864, USCIS shall first
consider the sponsor’s anticipated income for the year the sponsor signed Form
I-864. Thus, during the initial evidence review, USCIS shall as a general rule
determine the sufficiency of a Form I-864 based on the sponsor’s reasonably
anticipated household income for the year in which the sponsor signed the Form
I-864.
IMPORTANT: If the income is at least 125% (or 100% as applicable) of the
governing Poverty Guideline in the Form I-864P, Poverty Guidelines, from the
year in which the Form I-864 was filed, the Form I-864 is sufficient.
IMPORTANT: An Affidavit of Support must be sufficient both at the time the
adjustment of status application is filed and at the time the adjustment application
is adjudicated. USCIS has determined that an Affidavit of Support is generally
sufficient at the time of the adjudication if it was sufficient at the time it was filed
with the Form I-485. That is, if the Form I-864 was sufficient when the sponsored
immigrant filed the Form I-864 with the adjustment application, USCIS will
generally infer from that finding that the alien is not inadmissible under section
212(a)(4) as of the date of adjudication. In particular, if the sponsor’s Federal
income tax return shows an income that was at least 125% (or 100% as

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applicable) of the governing Poverty Guideline for the year the Form I-864 was
filed with the sponsored immigrant’s adjustment application, USCIS will generally
infer that the sponsor’s income has remained and will remain sufficient at the
time of adjudication.
Therefore, if the Form I-864 was sufficient at the time it was filed with the Form I485, USCIS should not request any further documentation (e.g., more recent
evidence of employment or income) unless more than one year has elapsed
since the Form I-864 was submitted and there is a specific reason (other than the
passage of time) to question whether the evidence of income is no longer
reliable.
Recent practice has been for the Form I-864 to be vetted at the National Benefit
Center as part of the process of preparing the Form I-485 for adjudication. If the
NBC vetting process indicates that the Form I-864 was sufficient when reviewed,
an adjudicator may generally rely on that determination, unless it is determined,
on the basis of specific reasons, that a request for evidence is appropriate, as
outlined in paragraph 20.5(e)(2).
(2) Requesting updated information. There are two limited, specific situations in
which the general rule stated in section 20.5(e)(1) will not apply:
•

•

The first exception applies if both of the following criteria are met:
The most recent income tax return, the anticipated household
income listed for the year the sponsor signed the Form I-864,
and the evidence for the income for the year of filing all show an
income that is less than 125% (or 100% as applicable) of the
governing Poverty Guideline for the year the Form I-864 was
filed, and
A joint sponsor has not filed a sufficient Form I-864.
The second exception applies if at least one year has elapsed since
the Form I-864 was submitted, and the facts in the case, as
supported by the evidence in the record, provide a specific reason
(other than simply the passage of time) to believe that the
sponsor’s income is no longer sufficient.

If USCIS determines that either of these situations exists, USCIS should issue a
request for evidence. However, the request for evidence should only be for the
current year’s income information, not for additional evidence concerning the year in
which the Form I-864 was filed. For example, if the Form I-864 was filed in 2004
with a tax return from 2003 and employment information for 2004, a request for
evidence issued after April 15 of any given year would request the tax return for the
immediately preceding year (e.g., a 2005 return, if requested in 2006), and
employment information for the current year. In this situation, the sufficiency of the

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Form I-864 is determined based upon the additional evidence as it relates to the
applicable threshold set forth in the Form I-864P in effect when the USCIS issues
the request for evidence, rather than the Form I-864P that was in effect when the
Form I-864 was signed. USCIS may direct the Form I-485 applicant to submit the
additional evidence either by mail or by appearing for a rescheduled interview.
IMPORTANT: USCIS may encounter a case in which the sponsor (i.e., a petitioning
sponsor, substitute sponsor, or joint sponsor) neglected to file evidence
corroborating the sponsor’s claims about his or her employment and anticipated
income for the year in which the sponsor signed the Form I-864. Strictly speaking,
failure to submit this evidence would be a sufficient reason to issue a request for
evidence and to deny the Form I-485 if the requested evidence is not submitted.
Before issuing a request for evidence, however, USCIS should consider whether
other evidence in the record supports the conclusion that the sponsor’s claims on
the Form I-864 about the sponsor’s current employment and anticipated income are
true. Remember, the sponsor’s statements about his or her employment and
anticipated income are made under penalty of perjury. Thus, these statements on
the Form I-864 are themselves evidence.
Other evidence in the record may already tend to corroborate those statements. For
example, the sponsor’s claims about his or her anticipated income for 2006 may well
be consistent with the income tax return for 2005. A request for additional evidence
may be appropriate if the evidence of record supports a specific reason (other than
the passage of time) to believe the sponsor’s claims to be false. But if the other
evidence tends to support the conclusion that the sponsor’s claims are true, USCIS
may decide, as a matter of discretion, that a request for evidence is not necessary.
Note: For most Form I-485s filed before November 23, 2005, the sponsor should
have filed the three most recent income tax returns. USCIS may encounter a case
in which the sponsor has included the most recent income tax return but not one or
both of the two earlier returns. Given the change of policy reflected in the final rule,
USCIS is no longer required to request the missing earlier return(s).
Note: USCIS may also decide that a request for evidence is not necessary in a
case in which the sponsor filed a photocopy, instead of a transcript, but forgot to
submit the Forms W-2 or 1099. A decision not to request additional evidence will be
proper if USCIS concludes that the evidence of record, taken as a whole, makes it
reasonable to infer that the information on the tax return is true.
(3) No Local Policy Permitted Regarding When Form I-864 Shall be Filed. In the
past, USCIS permitted each local office to establish its own policy on whether to
require submission of Form I-864 at the time of filing for adjustment or at the time of
the adjustment interview. Local offices may no longer do so. Under a policy change
that took effect November 23, 2005, USCIS requires all applicants to submit Form

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I-864 with their adjustment application. If the case was filed prior to November 23,
2005 at an office that required submission at the time of the adjustment interview,
USCIS should allow the applicant to submit Form I-864 and the required supporting
documentation at the interview.
(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the
Form I-864 asks if the sponsor or any member of his or her household has used meanstested benefits during the past 3 years. Do not disqualify a sponsor based on a positive
response to this question. The reason for this question is to ensure that the value of any
such means-tested public benefits is not considered as income on the Affidavit of
Support. Federal means-tested benefits currently include SSI (Supplemental Security
income), TANF (Temporary Assistance for Needy Families), food stamps, Medicaid,
and State Child Health Insurance Programs (SCHIP). State and local means-tested
benefits vary by jurisdiction. Earned benefits such as Social Security retirement,
Unemployment Compensation, and Workman’s Compensation may be included as
income.
(g) U.S. Citizen Children. Any U.S. citizen children of the intending immigrant should not
be listed in part 3 of the Form I-864. The Affidavit of Support places no obligation on a
sponsor or joint sponsor to support any U.S. citizen children of the sponsored
immigrant. Such U.S. citizen children should only be included in household size if they
are actually resident in the sponsor’s or joint sponsor’s household or listed as
dependents on the sponsor’s most recent tax return.
(h) Withdrawal of an affidavit of support or Form I-864A. A person who has signed a
Form I-864, I-864EZ or I-864A may withdraw the Form. If the person does so, USCIS
will adjudicate the application for adjustment of status as if the withdrawn Form I-864, I864A or I-864EZ had never been filed. In an adjustment of status case, a withdrawal of
the Form I-864, I-864EZ or I-864A is not effective unless it is in writing and USCIS
actually receives the withdrawal before the final decision on the adjustment application.
In an immigrant visa case, once a consular officer has issued an immigrant visa, no
Form I-864, I-864EZ or I-864A may be withdrawn unless the visa petitioner also
withdraws the visa petition.
(i) Documentation.
(1) Federal Tax Returns. Each sponsor must submit either a transcript or a copy of
his or her most recent US. Federal individual income tax return (Form 1040, 1040A
or 1040EZ), including all Schedules filed with the IRS. If the sponsor submits a copy
of the tax return, he or she must also include copies of any and all IRS Forms W-2
and 1099 that reflect income used to qualify. The second note under paragraph
20.5(e)(2) provides guidance regarding what to do if a W-2 or 1099 is missing. Note,
however, that it is not necessary to submit the Forms W-2 or 1099 if a transcript,
rather than a copy, of the tax return is submitted. State or foreign income tax returns
are not acceptable; if submitted, they must be returned to the intending immigrant.
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The sponsor must submit with the Form I-864 the sponsor’s U.S. Federal income tax
return for the most recent tax year (that is, the completed tax year immediately
preceding the date the sponsor signs the Form I-864). USCIS may generally expect
a sponsor, after April 15 of any given year (or April 16 or 17, in a year in which April
15 is on a Saturday or Sunday), to have completed his or her tax return for the
previous year. If the sponsor requested an extension, the sponsor should provide
proof of filing for the extension. If the sponsor did not file a tax return, the sponsor
must prove that he or she was not required to file. If a sponsor should have filed, the
sponsor must file retroactively and provide proof of filing. Note that U.S. citizens
generally have an obligation to file a tax return on non-U.S. earnings even if there
was no tax liability.
EXAMPLE 1: Sponsor signs the Form I-864 on March 1, 2006. The US Federal
income tax return for 2005 is not due until April 17, 2006. Therefore, the sponsor
must submit his or her 2004 U.S. Federal income tax return.
EXAMPLE 2: Sponsor signs the Form I-864 on May 5, 2006. The sponsor must
submit his or her 2005 U.S. Federal income tax return.
EXAMPLE 3: Sponsor signs the Form I-864 on May 5, 2006. However, the
sponsor also filed with IRS a Form 4868, obtaining an extension of the 2005
income tax filing deadline. The sponsor must submit his or her 2004 U.S.
Federal income tax return.
Note: Typical proof that a sponsor was not required to file a tax return for a
particular year would consist of a written statement from the sponsor, signed under
penalty of perjury, attesting to the amount of his or her income for the relevant year
and to the fact that a tax return was not required by law. USCIS adjudicators
handling Form I-864 issues should be aware of the income threshold for the
requirement of filing a tax return for the last several years, so that an RFE for
evidence of the law is not necessary. In particular, the Instruction booklets for each
year’s Forms 1040, 1040A, and 1040EZ specify the income threshold below which a
person is not required to file a return.
Note: IRS permits and encourages electronic filing of Forms 1040, 1040A and
1040EZ. An electronically filed tax return may also be signed electronically. When a
person signs and files the tax return electronically, a “hard copy” of the original tax
return will not exist. In this situation, it is acceptable for the person to submit a plain
copy printout, showing the tax return as it would have looked, had it been filed on
paper, together with the IRS-issued “declaration control number.” By signing the
Form I-864 or I-864A “under penalty of perjury,” the person certifies that the copy is a
copy of what was submitted to IRS. As with paper-filed returns, it is also acceptable
for the person to submit an IRS transcript of the electronically filed return.

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A sponsor may submit an IRS-issued transcript instead of a photocopy of the
sponsor’s tax return. A sponsor may obtain a transcript by filing IRS Form 4506-T
with the IRS. Currently, the IRS does not charge a fee for transcripts. Tax
transcripts provide proof that the returns were filed with IRS, are easier to read, take
up less room in the file, and are easily obtained. If a sponsor submits a transcript
rather than a photocopy of the tax return, it is not necessary for the sponsor to
include copies of any Forms W-2 or 1099.
(2) Job Letters and Proof of Income. Pay stub(s) showing income for the most
recent 6 months and letters from all current employers are no longer required as
initial evidence. The applicant, however, may submit either or both of these items
(1) in response to a request for additional evidence (RFE), or (2) with a Form I-864 if
the applicant believes doing so would help establish that the sponsor meets the
governing income/assets threshold. If submitted, letters from current employers
should show dates of employment, the nature of the job, wages or salary earned,
number of hours/weeks worked, and prospects for future employment and
advancement. It should be sufficient for the employer to say that the employment is
of indefinite duration or words of similar effect. Promises of future employment are
not required.
(3) Household Members. The sponsor may use the income of any member of his or
her own household who is at least 18 years old to help meet the household income
requirement. The sponsor and household member must complete Form I-864A,
which must include a copy or transcript of the household member’s most recent tax
return and sufficient documentation of all income and assets he or she lists on the
Form I-864A. USCIS shall use the same standards for documentary evidence of
income and assets listed on a Form I-864A as are used for documentary evidence of
income and assets listed on Form I-864.
(j) Use of Poverty Guidelines. HHS publishes new Poverty Guidelines in the Federal
Register each year. These guidelines become effective for USCIS purposes on the first
day of the second full month following their release. For example, in 2006, new Poverty
Guidelines were published in the Federal Register on January 22 and therefore became
effective for USCIS purposes on March 1, 2006. To assist sponsors and intending
immigrants, USCIS publishes the governing guideline for the location and size of each
household on Form I-864P, Poverty Guidelines. The Poverty Guidelines for each year
remain in effect during the next year until the effective date of the new guidelines.
Note: The correct Form I-864P should already be included in the record, since 8 CFR
213a.2(a)(1)(ii) requires the Form I-485 or immigrant applicant to include the current
Form I-864P when the applicant submits the application. If the Form I-864P is missing,
that fact alone would not warrant a request for evidence, since the USCIS office should
maintain past versions of the Form I-864P. When copying a Form I-864P for addition to

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the record, please be sure to copy the Form I-864P that was in effect when the Form I485 was filed, rather than any later version.
Note: If, as specified in paragraph 20.5(e)(2) of this chapter, it is necessary to request
additional evidence, the sufficiency of the Form I-864 is determined according to the
Poverty Guidelines in effect when the request for evidence is made. Therefore, a copy
of the current Form I-864P should be included in the record of proceeding and sent with
the request for evidence.
(k) USCIS Review. The following items must be considered by USCIS when reviewing a
Form I-864 or Form I-864EZ:
(1) Part 1: Verify That Sponsor Has Checked the Correct Box(es). If Form
I-864EZ is being used, then “Yes” must be checked on boxes a, b, and c. If Form
I-864 is being used and box “d” has been checked indicating a single joint sponsor,
USCIS should ensure that there are two Form I-864s: one from the petitioner and
one from the joint sponsor. If Form I-864 is being used and box “e” has been
checked indicating two joint sponsors, USCIS should ensure that there are three
Form I-864s: one from the petitioner, one from the first joint sponsor, and one from
the second joint sponsor.
(2) Parts 2-4 of Form I-864 or Parts 2-3 of Form I-864EZ: Verify These Have Been
Completed Correctly. Compare the information provided with information from other
documents included in the application and/or verifying data with the sponsored
immigrant at the time of the interview.
If the sponsor is using Form I-864, only “accompanying” family members should be
listed in the chart in Part 3. Be sure that the first and last name of each
accompanying family member is listed. Family members “following to join” (i.e.,
intending to immigrate more than 6 months after principal intending immigrant)
should not be listed in Part 3.
(3) Part 5 of Form I-864 or Part 4 of Form I-864EZ: Sponsor’s Household Size.
The sponsor’s total household size is used to determine the correct Federal Poverty
Guideline. For purposes of Form I-864, a household size includes the total of the
following groups of individuals:
•

Sponsor;

•

Person(s) the sponsor is sponsoring on the Affidavit of Support (will always be
one if the sponsor is using Form I-864EZ instead of Form I-864);

•

Sponsor’s spouse, if the sponsor is married;
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•

All of the sponsor’s children, as defined in section 101(b)(1) of the Act, except
those that have (1) reached the age of majority (i.e., are at least 18 years old) or
are emancipated under the law of the person’s domicile, and (2) are not claimed
as dependents on the sponsor’s most recent Federal income tax return;

• Other persons lawfully claimed as dependents on the sponsor’s tax return for the
most recent tax year; and
• The number of siblings, parents, and/or adult children who (1) have the same
principal residence as the sponsor, and (2) have combined their income with the
sponsor’s income by submitting Form I-864A.
Note: When calculating household size, do not count any person more than once.
(4) Part 6 of Form I-864 or Part 5 of Form I-864EZ: Sponsor’s Income and
Employment
(A) General Rule and Active Duty Military Exception. Either the petitioning
sponsor, substitute sponsor, or a joint sponsor must generally demonstrate the
ability to maintain his or her annual household income at 125% of the governing
Federal Poverty Guideline threshold.
A petitioner on active duty in the U.S. Armed Forces, other than for training, only
needs to demonstrate the means to maintain an annual income equal to at least
100% of the Federal Poverty Guidelines if he or she is petitioning for a spouse or
child.
Note that a substitute sponsor or joint sponsor is not eligible to claim the 100%
income level based on the petitioner’s relationship to the intending immigrant, or
the petitioner’s military status. A substitute sponsor or joint sponsor may claim
the 100% income level only if the substitute sponsor or joint sponsor, himself or
herself, is on active duty in the U.S. Armed Forces (other than for training) and
the intending immigrant is the spouse or child of the substitute sponsor or joint
sponsor.
To qualify for this exception, the petitioner must have provided evidence that he
or she is on active duty, such as a military dependent’s identification card for the
sponsored intending immigrant (the spouse or child), or a photocopy of the
military identification card of the sponsor (the spouse or parent).
Regardless of whether a sponsor qualifies for the military exception, all of his or
her income counts toward the 125% (or 100%) income requirement, including (in

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the case of Armed Forces personnel) any allotments received for the
dependents.
(B) Poverty Guidelines. Form I-864P, Poverty Guidelines, provides the Federal
Poverty Guidelines calculated at both the 100% level and 125% level for the 48
contiguous states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands
and Guam. Separate guidelines are published for Alaska and Hawaii.
The Form I-864P guidelines are based on household sizes of 2 to 8. A dollar
amount is provided to add for each additional household member or dependent.
To determine the requirement for a household size of 10, USCIS should take the
poverty line for a household size of 8 and add the additional dollar amount
multiplied by 2.
Form I-864P is based upon the Federal Poverty Guidelines that the Department
of Health and Human Services (HHS) publishes annually in the Federal Register
(usually in February or March). (See “Federal Register Publications” under the
“Immigration Law and Regulations” button on I-LINK). In concert with the
Federal Poverty Guidelines, USCIS annually updates Form I-864P, Poverty
Guidelines. USCIS begins to apply the updated Form I-864P guidelines to
adjustment of status applications received on the first day of the second month
after the HHS guidelines are published.
(C) Determining the Sponsor’s Ability to Provide Sufficient Support. If the
sponsor is using Form I-864EZ, he or she must only use his or her salary or
pension as shown on his or her most recent Federal income tax return. If the
sponsor provides a photocopy of the return, the sponsor must include a copy of
any Form(s) W-2 provided by the sponsor’s employer(s) to prove income from
employment and/or Form(s) 1099 to show pension income; if a W-2 or 1099 is
missing, follow the guidance in the second note under paragraph 20.5(e)(2). As
with other sponsors, these copies are not needed if the sponsor provides an IRS
transcript of the return. (See Part 1(a) of Form I-864EZ.) If sponsor relies on
other types of income, the sponsor must use Form I-864. The sponsor must also
use Form I-864, rather than Form I-864EZ, if the sponsor will be submitting any
Forms I-864A.
Regardless of the form the sponsor uses, he or she must provide evidence of
any income (and/or assets in the case of Form I-864) used to demonstrate the
means to maintain the sponsored immigrant.
Sponsors who use Form I-864 may qualify based only upon their own income
and/or assets if either or both are sufficient to reach the income requirement. If,
however, the sponsor’s combined income and assets are not sufficient to meet

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the governing threshold, the sponsor may include the income and/or assets of
another household member if the household member:
•

Is at least 18 years old;

•

Is included in the calculation of household size;

•

Has the same principal residence as the sponsor (or is the sponsor’s
spouse); and

•

Has completed and signed a Form I-864A.

USCIS should ensure that each Form I-864A is completed and signed by the
sponsor and the household member.
As noted above, the intending immigrant does not need to sign a Form I-864A if
he or she is immigrating alone (that is, has no accompanying dependents). In
this situation, the intending immigrant should be listed on line 24(e) and should
be the only person listed in 24(b), with his or her income listed on that line and
value of assets listed on the appropriate line(s) in item 28.
(D) Federal Tax Return(s). No matter whether a sponsor submits Form I-864 or
I-864EZ, the sponsor must provide a copy or an IRS-generated transcript of the
sponsor’s Federal income tax return for the sponsor’s most recent tax year.
Each Federal tax return must include all the supplements and attachments that
were sent to the IRS with the tax return. For purposes of demonstrating means to
maintain income, the determining income amount is the income, before
deductions, on the sponsor’s income tax return. In other words, income means
an individual's total income (adjusted gross income for those who file IRS Form
1040EZ) for purposes of the individual's U.S. Federal income tax liability,
including a joint income tax return (e.g., line 22 on the 2005 IRS Form 1040, line
15 on the 2005 IRS Form 1040-A, or line 4 on the 2005 IRS Form 1040EZ or the
corresponding line on any future revision of these IRS Forms).
Note that, by signing the Form I-864 or Form I-864EZ under penalty of perjury, a
sponsor certifies that the transcript or photocopy is true and correct. This
certification meets the statutory requirement of presenting a “certified” copy of the
transcript of photocopy. Certification of the returns by the IRS is not necessary;
the sponsor’s certification under penalty of perjury is sufficient.
If a sponsor filed a joint tax return with a spouse, but is qualifying using only
his/her own individual income, the sponsor must submit evidence of that
individual income. This evidence would include, for example, the sponsor’s own
W-2(s), Wage and Tax Statement, and if necessary to reach the income
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requirement, evidence of other income reported to IRS which can be attributed to
him/her, usually on Forms 1099.
(E) Other Evidence of Income. For purposes of demonstrating means to
maintain income, the total income, before deductions, in the sponsor’s tax return
for the most recent taxable year will be generally determinative. There is no
requirement to determine whether the sponsor would have met 125% (or 100%)
of the governing Poverty Guideline before the most recent tax year. Income tax
information from these years should only be used to take the earning trend into
consideration when assessing current and future earning capability.
USCIS, however, may consider other evidence of income (e.g., pay stub(s),
employer letter(s), or both), if (1) the sponsor establishes that he/she was not
legally obligated to file a Federal income tax return for the most recent tax year,
or (2) USCIS determines that the income listed on the Federal tax return for the
sponsor’s most recent tax year does not meet the governing threshold.
In other words, if the sponsor’s current income is sufficient, it can establish that
the Form I-864 itself is sufficient even if the tax return without any other
documentation might warrant a finding that it is not sufficient. For example, if the
sponsor recently started a new job (that USCIS is satisfied will likely continue)
and the income from the job now meets or exceeds the legal requirement, USCIS
may find the Affidavit of Support to be sufficient, notwithstanding information
included in the transcript or copy of the tax return(s).
By contrast, 8 CFR 213a.2(c)(2)(ii)(C) permits USCIS to conclude that a Form I864 is not sufficient, even if the sponsor’s household income meets the Poverty
Guideline threshold. USCIS should make this conclusion only if the evidence of
record makes it “reasonable to infer that the sponsor will not be able to maintain
his or her household income at a level sufficient to meet his or her support
obligation.” For example, if the sponsor’s income is from a job that is merely
temporary or seasonal, USCIS might reasonably conclude that the income is
likely not to continue, and could also conclude that the Affidavit of Support, for
that reason, is not sufficient.
If the household income meets the Poverty Guidelines threshold, however,
USCIS will generally conclude that the Form I-864 is sufficient. There must be
some specific reason, supported by evidence in the record, to conclude that the
Form I-864 is not sufficient.
(F) Means-Tested Public Benefits Received by the Sponsor. USCIS has
decided that, as a matter of policy, it will require the sponsor to disclose his or
her receipt of means-tested public benefits and not consider the fact that a
sponsor has received such means-tested public benefits in the past to be an
adverse factor in evaluating a Form I-864 or Form I-864EZ. However, the

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sponsor may not include any means-tested benefits currently being received in
calculating the household income.
(G) Compare Total Household Income with Governing Poverty Guideline. If the
sponsor’s total household income (line 24c of Form I-864 or line 18 of Form I864EZ) is greater than or equal to the governing Poverty Guideline threshold, the
sponsor does not need to show evidence of assets and does not require a joint
sponsor. In this case, USCIS may move to Part 8 of Form I-864 or Part 6 of Form
I-864EZ.
If a Form I-864EZ does not demonstrate means to maintain the required income,
USCIS may choose to request that the adjustment of status applicant submit a
new Form I-864 from the sponsor (if the applicant seeks to qualify based on
showing “significant assets”), or to submit a sufficient Form I-864 from a joint
sponsor. Note that this request for evidence would go to the applicant, not the
sponsor.
If a Form I-864 does not demonstrate means to maintain the required income,
USCIS should consider the assets listed in Part 7 of the form.
(5) Part 7 of Form I-864: Use of Assets to Supplement Sponsor’s Income. If a
sponsor cannot meet the Poverty Guideline requirement based upon total household
income listed on line 24c, he or she may show evidence of assets owned by the
sponsor, and/or members of the sponsor’s household, that are available to support
the sponsored immigrant(s) and can be readily converted into cash within 1 year.
For assets of the intending immigrant and/or household member to be considered,
the household member must complete and sign Form I-864A. USCIS should check
to make sure that the Form I-864A is completed and signed by the sponsor and the
household member.
(A) Evidence of assets. Evidence of the sponsor’s assets should be attached to
the Form I-864. Evidence of the principal sponsored immigrant’s and/or
household member assets should be attached to Form I-864A. In each instance,
the evidence should establish the location, ownership, and value of each listed
asset, including any liens or liabilities for each listed asset. Evidence of assets
includes, but is not limited to:
• Bank statements covering the last 12 months, or a statement from an officer of
the bank or other financial institution in which the sponsor has deposits,
including deposit/withdrawal history for the last 12 months, and current
balance;
• Evidence of ownership and value of stocks, bonds, and certificates of deposit,
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and dates acquired;
• Evidence of ownership and value of other personal property and dates
acquired; and
• Evidence of ownership and value of any real estate and dates acquired.
(B) Amount of assets required. In order to qualify using assets, the total net
value of all assets must generally equal at least five times the difference between
the sponsor’s total household income and the minimum income requirement for
the current year.
Example for a household size of 4:
125 percent of 2006 Poverty Guideline
Sponsor's income
Difference
Multiply by 5
Minimum Required Net Value of Assets

$25,000
$19,500
$5,500
x5
$27,500

There are two exceptions, however:
• If the adjustment of status applicant intends to immigrate as a spouse of a
U.S. citizen or as the child of a U.S. citizen who will not become a citizen under
section 320 of the Act because the child has already reached his or her 18th
birthday, the “significant assets” requirement will be satisfied if the assets equal
three times, rather than five times, the difference between the applicable income
threshold and the actual household income.
Example for a household size of 4:
125 percent of 2006 Poverty Guideline
Sponsor's income
Difference
Multiply by 3
Minimum Required Net Value of Assets

$25,000
$19,500
$5,500
x3
$16,500

• If the adjustment of status applicant intends to immigrate as an IR-4 immigrant
(orphans coming to the United States for adoption), the parents’ assets only need
to equal or exceed the difference between the applicable income threshold and
the actual household income.
Example for a household size of 4:
125 percent of 2006 Poverty Guideline
Sponsor's income

22

$25,000
$19,500

Clarification of Policy Regarding USCIS Form I-864, Affidavit of Support
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Difference (Minimum Required Net Value of Assets)

$5,500

(6) Joint Sponsors. If the petitioner or substitute sponsor cannot demonstrate ability
to maintain a household income of at least 125% (or 100% when applicable) of the
Federal Poverty Guidelines, the intending immigrant may meet the Affidavit of
Support requirement by obtaining a joint sponsor who is willing to accept joint and
several liability with the principal sponsor as to the obligation to provide support to
the sponsored alien and to reimburse agencies who provide means-tested benefits
to the sponsored alien during the period that the Affidavit is enforceable. The
regulations at 8 CFR 213a.2(c)(2)(iii)(C) allow but do not require two joint sponsors
per family unit intending to immigrate based upon the same family petition. Further
guidance regarding joint sponsors may be found at paragraph (d)(7) above.
(7) Part 8 of Form I-864 or Part 6 of Form I-864EZ. Part 8 of Form I-864 or Part 6 of
Form I-864EZ constitute the bulk of the contract and covers the purpose of the
Affidavit of Support, which is to overcome the public charge grounds of
inadmissibility. It also includes the notice of change of address requirements (the
sponsor must notify the Secretary of Homeland Security of the sponsor’s new
address within 30 days of any change of address by filing Form I-865 with USCIS),
means-tested benefit prohibitions and exceptions, consideration of the sponsor’s
income in determining eligibility for benefits and the civil action to enforce the
Affidavit. Additionally, it requires a certification under penalty of perjury that the
sponsor is aware of the legal ramifications of being a sponsor under section 213A of
the Act.
After placing the sponsor under oath, USCIS should verify that the portion under
“Concluding Provisions” has been completed.
Once signed, the concluding provisions satisfy the statutory requirement that the
sponsor must make a written statement under penalty of perjury indicating that the
copies of the Federal income tax returns submitted with the Affidavit of Support are
true copies of the returns filed with the Internal Revenue Service.
A photocopy of the signed Form I-864 may be submitted for each spouse and/or
child of the principal beneficiary of the adjustment of status application. Copies of
supporting documentation are not required.
(8) USCIS Completion of “Agency Use Only” Box. In adjustment cases adjudicated
by USCIS, USCIS must complete the “Agency Use Only” box on the first page of the
Form I-864 or Form I-864EZ. If the petitioner sponsor does not qualify, USCIS
should check the box “Does not meet.” In order for the applicant to be approved,
there must be in the file another Form I-864 that meets the requirements from a joint
sponsor. In such a case, USCIS must check the “Meets” box, and then sign, date,
and note the office code for location.

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In cases adjudicated by an immigration judge where the judge did not complete the
Agency Use Only box, USCIS will complete the processing of the case after the
judge’s decision by completing the box on the USCIS copy of the Form I-864 by
checking either the “Meets” or the “Does not meet” box. USCIS must then add a
notation, “Adjustment application approved (or denied) by U.S. Immigration Court at
(place) on (date).” USCIS will then sign, date, and note the office code for location.
(9) Verification of Information. The Government may pursue verification of any
information provided on or with Form I-864, I-864EZ, I-864A (e.g., employment,
income, and/or assets) with the employer, financial or other institutions, the Internal
Revenue Service, or the Social Security Administration.
If USCIS finds that a sponsor, joint sponsor, or household member has concealed or
misrepresented material facts concerning income, household size, or any other
material fact, USCIS shall conclude that the Affidavit of Support is not sufficient to
establish that the sponsored immigrant is not likely to become a public charge. In
this situation, the sponsor or joint sponsor may be liable for criminal prosecution
under the general statutes relating to the submission of fraudulent immigration
documents. Failure of the sponsor or joint sponsor to provide adequate evidence of
income and/or assets will result in the denial of the application for adjustment to
lawful permanent residence status.
(l) Insufficient Affidavits Submitted in Support of Adjustment Applications. The Affidavit
of Support is not a separate application. It is supporting documentation for an
adjustment of status application. Correspondence regarding insufficient Affidavits of
Support should be sent to the adjustment applicant and his/her legal representative, but
not to the sponsor.
If the Form I-864 or I-864EZ is insufficient, and procedures for requesting additional
evidence have been exhausted, the entire adjustment of status application should be
denied because the intending immigrant is inadmissible on public charge grounds in
addition to any other reasons why the adjustment case may be denied.
The following language should be included in a denial letter of an adjustment of status
application which does not fulfill the requirements under section 213A of the Act:
You are not eligible for adjustment of status under INA 245 (a)(2),
because you are inadmissible as an alien who is likely at any time to
become a public charge pursuant to INA 212(a)(4)(C). 8 USC
1182(a)(4)(A) and 1255(a)(2). If you are an alien seeking adjustment of
status as (insert appropriate category: an immediate relative, a family
based immigrant, or an employment based immigrant who will be
employed by a relative or a relative’s firm) you are inadmissible under this

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ground unless an Affidavit of Support that meets the requirements of INA
213A, 8 U.S.C. 1183a, has been filed on your behalf. The Affidavit(s) of
Support provided in your case does not meet the requirements of section
213A because (insert appropriate language/deficiency; e.g. failure to meet
the income requirement, ineligible sponsor, etc.)
Note: This language must be modified in order to address the specifics of each case,
including any other reasons for denial. If the applicant is denied due to an ineligible
sponsor, be sure to include the reason why the sponsor is ineligible, e.g., the sponsor
cannot be a corporation, organization, or other entity, the sponsor is not at least 18
years of age, etc. Details regarding the sponsor’s personal financial matters should not
be revealed in the denial letter to the adjustment applicant unless the denial is based at
least partially upon such information.
(m) Service Center Processing. The processing of the packet of forms which
subsequently produce an alien registration card (I-181, I-485 or OS-155A) includes data
entry of Affidavits of Support when they are required by statute.
If an applicant fails to submit an Affidavit of Support when one is required, USICS will
request that an Affidavit of Support be submitted before the case can be adjudicated.
In those instances where one or more Affidavits of Support are contained in the
packets, data from each of them will be entered into CLAIMS as a subscreen of the I485 or visa to which it is attached. .
The types of data entry at the Service Centers will be:
•

Forms I-864 attached to a Form OS-155A, immigrant visa received from Ports of
Entry;

•

Forms I-864 attached to a Form I-485 filed and adjudicated at the Service Center; or

•

Forms I-864 attached to Form I-485 filed and/or adjudicated at local offices. The
data entry in most of these cases will be attached to the data entry of a “copy 3” of
Form I-181.

All Forms I-864 will be maintained in the same A or T File in which the controlling form
is stored. There is no data entry of information from Form I-864A.
(n) Statistical Reporting. Effective October 1, 2005, hours and actions are tracked on
Form G-23.3, Line 171S. Reporting Instructions are provided in the document entitled,
"Examinations Activity: G-22.2, G-22.2a, G-22.3, G-22.3a Adjudications Summary
Procedures." These procedures implement Administrative Manual (AM) Policy
Statement 3.1.101.

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(o) Termination of Sponsor’s Obligation and Enforcement. The obligations created
under Form I-864 and I-864A terminate when the sponsored alien:
• Becomes naturalized;
• Is credited with at least 40 quarters of employment in the Social Security system;
• Loses or abandons his or her lawful permanent resident status; or
• Dies.
Note: For any qualifying quarter to be creditable for any period beginning on or
after December 31, 1996, the alien must not have received any Federal meanstested public benefit during that quarter. A Federal means-tested public benefit
is any public benefit funded in whole or in part by funds provided by the Federal
Government that the Federal agency administering the Federal funds defines as
a Federal means-tested public benefit under the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193). Federal means
tested benefits include: SSI (Supplemental Security income), TANF (Temporary
Assistance for Needy Families), food stamps, Medicaid, and State Child Health
Insurance Programs (SCHIP). State and local means tested benefits vary by
jurisdiction.
Note: The qualifying quarters worked by a parent of, or the spouse of such alien
during the marriage to the alien may often be credited to the alien beneficiary.
If the sponsored immigrant is the sponsor’s child, the legal obligation made in the
Affidavit of Support is not terminated by the child’s adoption after acquiring
permanent residence.
If the sponsored immigrant is the sponsor’s spouse, divorce will not terminate the
legal obligation made in the Affidavit of Support.
Even when the support obligation has been terminated, the sponsor, or the
sponsor’s estate may still be held liable for any reimbursable amount that
accrued before the termination of the obligation.
(p) Reimbursement Requests. USCIS is not directly involved in enforcing an Affidavit of
Support sponsor’s obligation to reimburse an agency for means tested public benefits.
USCIS does, however, make information about the sponsor available to an agency
seeking reimbursement. Upon the receipt of a duly issued subpoena, USCIS will
provide the agency with a certified copy of a sponsor’s Form I-864.
In addition, USCIS routinely provides the sponsor’s name, address, and Social Security
number to Federal, state, and local agencies providing means-tested benefits. This
information is used to determine whether a sponsored immigrant who is applying for
benefits is eligible for them. These queries are submitted to USCIS on Forms G-845,
G-845S, and the G-845 Supplement.
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(q) Sponsor’s Address Change Notification. Under section 213A(d) of the Act, the
sponsor must notify the Secretary of Homeland Security of the sponsor’s new address
within 30 days of any change of address. The sponsor meets this obligation by
completing and filing Form I-865 with USCIS. USCIS is obligated by statute to maintain
the address and social security number of all sponsors in an automated system.
If a sponsor fails to satisfy this requirement, USCIS may, after notice and opportunity to
be heard, impose on the sponsor a civil penalty of not less than $250 or more than
$2,000, or if such failure occurs with knowledge that the sponsored alien has received
any means-tested public benefits (other than benefits described in 401(b), 403(c)(2), or
411(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996)
not less than $2,000 or more than $5,000.
2. The AFM Transmittal Memoranda button is revised by adding a new entry, in numerical
order, to read:
AD 06-20
June 27, 2006

cc:

Chapter 20.5

This memorandum replaces Chapter 20.5
of the Adjudicator’s Field Manual (AFM)
with a revised Chapter 20.5.

USCIS Headquarters Directors
Bureau of Immigration and Customs Enforcement
Bureau of Customs and Border Protection

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