Table of Changes Form I-864

I864-INS-TOC-OMBReview-03132013.docx

Affidavit of Support Under Section 213A of the Act

Table of Changes Form I-864

OMB: 1615-0075

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Table of Changes – FORM

Form I-864

Revised 03/13/13



Location

Current Text

Proposed Revision

Format

2 column format



Many individual headings.

Full page format, with standardized language in several sections.


Standardized section headings have been added, and the paragraphs/sub sections of information have been organized under each respective heading, to make it easier for our customers to find information. Some sections have been switched around from the current version, but all information in the current version is in the revised version.


Page 1, How Should I Complete This Form?



  • Print clearly or type your answers using CAPITAL letters.

  • Use black ink.

  • If you need extra space to answer any item:

  • Attach a separate sheet of paper (or more sheets if necessary);

  • Write your name, U.S. Social Security number and the words “Form I-864” on the top right corner of the sheet; and

  • Write the number and subject of each question for which you are providing additional information.


Page 2, General Instructions section


How to Fill Out Form I-864

  1. Type or print legibly in black ink.

  2. If extra space is needed to complete any item, attach a continuation sheet, write your name and Social Security Number at the top of each sheet of paper, indicate the Part and item number to which your answer refers, and date and sign each sheet.

  3. Answer all questions fully and accurately. If an item is not applicable or the answer is “none,” leave the space blank.

Page 1

What is the Purpose of the is Form?



This form is required…


  • The National Customer Service Center (NCSC) telephone line at 1-800-375-5283 TTY: (1-800-767-1833); or…


Page 1


This form is required…


2. The USCIS National Customer Service Center t 1-800-375-5283; or…


Page 2-4








Who Completes and Signs Form I-864?




What Are the Income Requirements?


If you are on active duty in the U.S. Armed Forces, including the Army, Navy, Air Force, Marines or Coast Guard….




How Do I Count Household Size?



What If I Cannot meet the Income Requirements?



How Can My Relatives and Dependents Help Me Meet the Income Requirements?




Can the Intending Immigrant Help Me Meet the Income Requirements?



Does Receipt of Means-Tested Public Benefits Disqualify Me From being a Sponsor?



How Can I Use Assets to Qualify?



What Is a Joint Sponsor?



What Is a Substitute Sponsor?




How Long Does My Obligation as a Sponsor Continue?



Do I Need to Submit a Separate Affidavit for Each Family Member?



When Do I Complete Form I-864 and Where Do I Send It?

Page 8-10

New Section heading and numbers added before each sub-section but the content remained the same.


Specific Requirements


1. Who Completes and Signs Form I-864?....



2. What Are the Income Requirements?


If you are on active duty in the U.S. Armed Forces, including the Army, Marines, Navy, Air Force or Coast Guard…



3. How Do I Count Household Size?



4. What If I Cannot meet the Income Requirements?



5. How Can My Relatives and Dependents Help Me Meet the Income Requirements?



6. Can the Intending Immigrant Help Me Meet the Income Requirements?



7. Does Receipt of Means-Tested Public Benefits Disqualify Me From being a Sponsor?



8. How Can I Use Assets to Qualify?



9. What Is a Joint Sponsor?



10. What Is a Substitute Sponsor?




11. How Long Does My Obligation as a Sponsor Continue?



12. Do I Need to Submit a Separate Affidavit for Each Family Member?



Deleted and replaced with a new section


Page 11

Where to File?

Please see the USCIS Web site at www.uscis.gov/I-864or call the USCIS National Customer Service Center at 1-800-375-5283 for the most current information about where to file this benefit request.



Page 4

Do I Have to Report My Change of Address If I Move?








Federal law requires that every sponsor report every change of address to the USCIS within 30 days of the change. To do this, send a completed Form I-865, Sponsor's Change of Address, to the Service Center having jurisdiction over your new address.


Do not complete Form I-865 at the same time that you complete the I-864.



You should complete and submit Form I-865 to USCIS only when the address you indicated on the original I-864 Affidavit of Support has changed. Please see Form I-865 for further directions on filing the Sponsor's Change of Address. This requirement does not relieve a sponsor who is a lawful permanent resident from submitting Form AR-11 within ten days of a change of address.

Page 11

Content moved to Address Changes section


Address Changes


If you have changed your address, you must inform USCIS of your new address within 30 days of the change. To do this, you must complete and file a Form I-865, Sponsor's Change of Address. For information on filing Form I-865, go to the USCIS Web site at www.uscis.gov/I-865 or contact the National Customer Service Center at 1-800-375-5283.


Note: Do not complete Form I-865 at the same time that you complete the Form I-864. You should complete and submit Form I-865 to USCIS only when the address you indicated on the original Form I-864 has changed.


This requirement does not relieve a lawful permanent resident sponsor from filing a change of address within 10 days of the change. For information on filing a change of address, go to the USCIS Web site at www.uscis.gov/addresschange or contact the National Customer Service Center at 1-800-375-5283.


Do not send your change of address form to a Lockbox facility because the USCIS Lockbox facilities do not process change of address requests.


Page 5-9

Step-by-Step Instructions




Form I-864 is divided into nine parts. The information below will help you fill out the form.



Part 1. Basis for Filing Affidavit of Support.


  • Check box "a."


  • Check box "b."


  • Check box "c."


  • Check box "d" if you are the only joint sponsor or box "e" if you are either of two joint sponsors. A joint sponsor must be a person, and may not be a corporation, organization, or other entity. A joint sponsor does not have to be related to the intending immigrant. Indicate whether you are the only joint sponsor or one of two joint sponsors. Check with the petitioning sponsor or the intending immigrant if you are not certain.


  • Check box "f" ...




Part 2. Information on the Principal Immigrant. The principal immigrant is the intending immigrant who is the primary beneficiary of the visa petition.


6. Alien Registration Number. An "A-number" is an Alien Registration Number assigned by the former Immigration and Naturalization Service (INS) or U.S. Citizenship and Immigration Services (USCIS). If the intending immigrants you are sponsoring have not previously been in the United States or have only been in the United States as tourists, they probably do not have A-numbers. Persons with A-numbers can locate the number on their INS or USCIS-issued documentation.


8. Indicate whether you are sponsoring the principal immigrant listed in item 2 in this Form I-864. This only applies to cases with two joint sponsors. Check "No" only if you are sponsoring only intended immigrants listed in 9 (a through e) and not the principal immigrant listed in item 2.




Part 3. Information on Immigrants You Are Sponsoring.











9. Accompanying Family Members You are Sponsoring




Part 4. Information on the Sponsor.


15. Country of Domicile.


A. You are employed by a certain organization…



B. You are living abroad temporarily…




C. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status…



18. U.S. Social Security Number…




19. Citizenship/Residency…




20. Military Service

Check "yes" if you are the petitioning sponsor and on active duty in the U.S. Army, Navy, Air Force, Marines, or Coast Guard, other than for training...




Part 5. Sponsor's Household Size.


This section asks you to add together the number of persons for whom you are financially responsible. Some of these persons may not be residing with you. Make sure you do not count any individual more than once, since in some cases the same person could fit into two categories. For example, your spouse (whom you would enter on line 21c) might also be a lawful permanent resident whom you have already sponsored using Form I-864 (line 21f). If you included your spouse on line 21c, do not include him or her again on line 21f.


21d - …


21e - …


21f - …


21g - …





Part 6. Sponsor's Income and Employment.


22. Job Classification.

Check the box (a through d) that applies to you.



23. Current Individual Annual Income.



24. Annual Household Income.


This section is used to determine the sponsor's household income. Take your annual individual income from line 23 and enter it on line 24a. If this amount is greater than 125 percent (or 100 percent if you are on active duty in the U.S. military and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from line 21h, you do not need to include any household member's income. See Form I-864P for reference on the Poverty Guidelines.




To determine the filing requirements for your relatives included in item 24b, follow these instructions:


If you included the income of your spouse listed in 21c, or any child listed in 21d, or any dependent listed in 21e, or any other relative listed in 21g, each one of these individuals must be over 18 years of age and must complete Form I-864A.





If you included the income of the intending immigrant who is your spouse (he or she would be counted on line 21a), evidence that his/her income will continue from the current source after obtaining lawful permanent resident status must be provided. He/she does not need to complete Form I-864A unless he/she has accompanying children.


If you included the income of the intending immigrant who is not your spouse, (he or she would be counted on line 21a), evidence that his or her income will continue from the current source after obtaining lawful permanent resident status must be provided and the intending immigrant must provide evidence that he/she is living in your residence. He or she does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless he or she has an accompanying spouse or children.




25. Federal Income Tax Information…



If you checked box 22(b)…





Part 7. Use of Assets to Supplement Income…


Only complete this Part if you need to use the value of assets to meet the income requirements. If your Total Household Income (indicated on Line 24c) is equal to or more than needed to meet the income requirement as shown by the current Poverty Guidelines (Form I-864P) for your household size (indicated on Line 21h), …


26. Assets.

To use your own assets, you must complete lines 26a through 26d…


27. Household Member's Assets…


28. Assets of the Intending Immigrant…






29. Total Value of Assets…




Part 8. Sponsor's Contact.


Read the contract carefully, print your name, and then sign and date the form. If you do not print your name on line 30 and sign and date the form on line 31, the intending immigrant you are sponsoring cannot be issued a visa or be granted adjustment of status.


Page 2-7, General Instructions section



Deleted





Part 1. Basis for Filing Affidavit of Support.


1.a. Check item number "1.a."


1.b. Check item number "1.b."


1.c. Check item number "1.c."


1.d. Check item number "1.d." if you are the only joint sponsor.


1.e. Check item number "1.e." if you are one of two joint sponsors.


NOTE: A joint sponsor does not have to be related to the intending immigrant. Indicate whether you are the only joint sponsor or one of two joint sponsors. Check with the petitioning sponsor or the intending immigrant if you are not certain.



1.f. Check item number "1.f."




Part 2. Information on the Principal Immigrant. The principal immigrant is the intending immigrant who is the primary beneficiary of the visa petition.


1. Item number 5. Alien Registration Number…














Moved to Part 3, item number 1. (below)











Part 3. Information on Immigrants You Are Sponsoring.


1. Indicate whether you are sponsoring the principal immigrant listed in Part 2 in this Form I-864. This only applies to cases with two joint sponsors. Check "No" if you are sponsoring only intended immigrants listed in Part 3, (2.a. - 6.g.) and not the principal immigrant listed in Part 2.


2. Family Members





Part 4. Information on the Sponsor.


Item number 5. Country of Domicile.


1. You are employed by a certain organization…

Bullets reformatted from (--) to (a.-f.)


2. You are living abroad temporarily…



3. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status…



4. Item number 10. U.S. Social Security Number…



5. Item number 11.a. - 11.c. Citizenship/Residency…



6. Item number 12. Military Service

Check "yes" if you are the petitioning sponsor and on active duty in the U.S. Army, Marines, Navy, Air Force, or Coast Guard, other than for training...




Part 5.  Sponsor's Household Size.


This section asks you to add together the number of persons for whom you are financially responsible. Some of these persons may not be residing with you. Make sure you do not count any individual more than once, since in some cases the same person could fit into two categories. For example, your spouse (whom you would enter on line 3 might also be a lawful permanent resident whom you have already sponsored using Form I-864 (item number 6). If you included your spouse on item number 3, do not include him or her again on item number 6.


1. Item number 4…


2. Item number 5…


3. Item number 6…


4. Item number 7…





Part 6. Sponsor's Income and Employment.


1. - 4. Job Classification.

Check the item number (1. - 4.) that applies to you and provide the requested information.


5. Current Individual Annual Income.



6. Annual Household Income.


This section is used to determine the sponsor's household income. Take your annual individual income from item number 5 and enter it on item number 6.c. If this amount is greater than 125 percent (or 100 percent if you are on active duty in the U.S. military and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from Part 5, item number 8, you do not need to include any household member's income. See Form I-864P for reference on the Poverty Guidelines.


To determine the filing requirements for your relatives included in Part 6, items 7 through 10, follow these instructions:


a. If you included the income of your spouse listed in Part 5, item number 3, or any child listed in Part 5, item number 4, or any dependent listed in Part 5, item number 5, or any other relative listed in Part 5, item number 7, each one of these individuals must be over 18 years of age and must complete Form I-864A.


b. If you included the income of the intending immigrant who is your spouse (he or she would be counted on item number 7 of Part 5), evidence that his/her income will continue from the current source after obtaining lawful permanent resident status must be provided. He/she does not need to complete Form I-864A unless he/she has accompanying children.


c. If you included the income of the intending immigrant who is not your spouse, (he or she would be counted on item number 1 of Part 5), evidence that his or her income will continue from the current source after obtaining lawful permanent resident status must be provided and the intending immigrant must provide evidence that he/she is living in your residence. He or she does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless he or she has an accompanying spouse or children.


7. Item number 14. Federal Income Tax Information…


If you checked item number 2 in Part 6,..




Part 7. Use of Assets to Supplement Income…


Only complete this Part if you need to use the value of assets to meet the income requirements. If your Total Household Income (indicated on item number 10 of Part 6) is equal to or more than needed to meet the income requirement as shown by the current Poverty Guidelines (Form I-864P) for your household size (indicated on item number 8 of Part 5), …


1. - 4. Assets.

To use your own assets, you must complete Part 7, item numbers 1 – 4


5. Household Member's Assets…


6. - 8. Assets of the Intending Immigrant…


9. Total Value of item numbers 6 - 8 of Part 7.

Enter the number in this field.


10. Total Value of Assets…




Part 8.  Sponsor's Contact Information.


Read the contract carefully, print your name, and then sign and date the form. If you do not print your name and sign and date the form, the intending immigrant you are sponsoring cannot be issued a visa or be granted adjustment of status.


Page 9-10

Other Information







Page 9

Penalties

The Government may pursue…



Page 9-10

Privacy Act Notice

Authority for the collection of the information requested on this form is contained in 8 U.S.C. 1182a(4), 1183a, 1184(a), and 1258. The information will be used principally by an immigration judge, USCIS or a Consular Officer to support an alien’s application for benefits under the Immigration and Nationality Act and specifically the assertion that he or she has adequate means of financial support and will not become a public charge. Submission of the information is voluntary. Failure to provide the information will result in denial of the application for an immigrant visa or adjustment of status.


The information may also, as a matter of routine use, be disclosed to other Federal, State and local agencies providing means-tested public benefits for use in civil action against the sponsor for breach of contract. Social security numbers may be verified with the Social Security Administration consistent with the consent signed as part of the contract in Part 8 of the Form

I-864. It may also be disclosed as a matter of routine use to other Federal , State, local, and foreign law enforcement and regulatory agencies to enable these entities to carry out their law enforcement responsibilities.


















Page 10

USCIS Forms and Information

To order USCIS forms, call our toll-free forms line at 1-800-870-3676. You can also obtain forms and information on immigration laws, regulations and procedures by telephoning our National Customer Service Center at 1-800-375-5283 or visiting our internet website at www.uscis.gov.
















Page 10

Use InfoPass for Appointments

As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our Internet-based system, InfoPass. To access the system, visit our Web site. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen. Print the notice and take it with you to your appointment. The notice gives the time and date of your appointment, along with the address of the USCIS office.



Page 10

Reporting Burden

A person is not required to respond to a collection of information unless it displays a currently valid OMB control number.


We try to create forms and instructions that are accurate, can be easily understood, and which impose the least burden on you to provide us with information. Often this is difficult because some immigration laws are very complex.


The estimated average time to complete and file this form is as follows: (1) 75 minutes to learn about the law and form; (2) 90 minutes to complete the form; and (3) 3 hours and 15 minutes to assemble and file the form; for a total estimated average of 6 hours per form.


If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, write to U.S. Citizenship and Immigration Services, Regulatory Products Division, Office of the Executive Secretariat, 20 Massachusetts Avenue, N.W., Washington, DC 20529-2020, OMB No. 1615-0075. Do not mail your completed affidavit of support to this address.

Page 11-12

Deleted title and inserted separate section headers; changed the order of the sections.



Page 11

Penalties

The Government may pursue…



Page 12

USCIS Privacy Act Statement


AUTHORITIES: The information requested on this benefit application, and the associated evidence, is collected pursuant to Section 213A(i) of the Immigration and Nationality Act, as amended.


PURPOSE: The primary purpose for providing the requested information on this corresponding benefit application is to show that the applying immigrant has enough financial support to live without concern of becoming reliant on U.S. government welfare.


DISCLOSURE: Section 213A(i) of the Immigration and Nationality Act requires the collection of your Social Security number. Failure to provide the requested information, and any requested evidence, may prevent USCIS from accepting and approving this application, and the intending immigrant may not be able to immigrate to the United States.


ROUTINE USES: The information you provide on this benefit application may be shared with other federal, state, local, and foreign government agencies and authorized organizations in accordance with approved routine uses, as described in the associated published system of records notices [DHS-USCIS-007 - Benefits Information System and DHS-USCIS-001 - Alien File (A-File) and Central Index System (CIS), which can be found at www.dhs.gov/privacy]. The information may also be made available, as appropriate for law enforcement purposes or in the interest of national security.


The information may also, as a matter of routine use, be disclosed to other Federal, State and local agencies providing means-tested public benefits for use in civil action against the sponsor for breach of contract. Social Security numbers may be verified with the Social Security Administration consistent with the consent signed as part of the contract in Part 8 of the Form I-864.



Page 11

USCIS Forms and Information

You can get USCIS forms and immigration-related information on the USCIS Internet Web site at www.uscis.gov. You may order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by telephoning our national Customer Service Center at 1-800-375-5283.


As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our Internet-based system, InfoPass. To access the system, visit our Web site. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen.




Combined with USCIS Forms and Information (see above)

















Page 10

Paperwork Reduction Act

An agency may not conduct or sponsor an information collection and a person is not required to respond to an information collection unless it displays a currently valid OMB control number.


The public burden for this collection of information is estimated at 6 hours per form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: U.S. Citizenship and Immigration Services, Regulatory Products Division, Office of the Executive Secretariat, 20 Massachusetts Avenue, N.W., Washington, DC 20529-2020, OMB No. 1615-0075. Do not mail your completed Form I-864 affidavit to this address.








Page 11

Checklist


Page 13

The content in this section remained the same; however, check boxes replaced lines for a cleaner, more uniform look.




New sections



Page 2

General Instructions


If you are completing this form on a computer, the data you enter will be captured using 2D barcode technology. This capture will ensure that the data you provide is accurately entered into USCIS systems. As you complete each field, the 2D barcode line at the bottom of each page will shift as data is captured. Upon receipt of your form, USCIS will use decoding equipment to extract the data from the form. Please do not damage the 2D barcode (e.g., puncture, staple, spill on, write on, etc.) as this could affect the ability of USCIS to timely process your form.


Each application must be properly signed and filed. A photocopy of a signed application or a typewritten name in place of a signature is not acceptable.


An application or petition is not considered properly filed until accepted by USCIS.


Evidence. You must submit all required initial evidence as well as all the supporting documentation with your application at the time of filing.


Copies. Unless specifically required that an original document be filed with an application or petition, a legible photocopy may be submitted. Original documents submitted when not required may remain a part of the record, and will not automatically be returned to you.


Translations.  Any document containing foreign language submitted to USCIS must be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English.


3


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