Table of Changes I-864 Form

I864-FRM-TOC-OMB REV-05042015.docx

Affidavit of Support Under Section 213A of the Act

Table of Changes I-864 Form

OMB: 1615-0075

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Form I-864, Form TOC

Affidavit of Support Under Section 213A of the INA

OMB Number: 1615-0075

Date: 5/04/2015


Reason for Revision: Updates to format, standard language, and edits provided by subject matter experts.



Location

Current Text

Proposed Text


Page 1,

Part 1. Basis For Filing Affidavit of Support


[Page 1]


Part 1. Basis For Filing Affidavit of Support


1._______ am the sponsor submitting this affidavit of support because (Check only one box):


1.a. I am the petitioner. I filed or am filing for the immigration of my relative.


1.b. I filed an alien worker petition on behalf of the intending immigrant, who is related to me as my


1.c. I have an ownership interest of at least 5 percent in ______________ which filed an alien worker petition on behalf of the intending immigrant, who is related to me as my ______________________.


1.d. I am the only joint sponsor.


1.e. I am the __ first __ second of two joint sponsors.


1.f. The original petitioner is deceased. I am the substitute sponsor. I am the intending immigrant’s _________.



NOTE: If you check box 1.b., 1.c., 1.d., 1.e., or 1.f., you must include proof of your citizenship, national, or lawful permanent resident status.


[Page 1]


Part 1. Basis For Filing Affidavit of Support


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


[No change]























NOTE: If you select Item Number 1.a., 1.b., 1.c., 1.d., 1.e., or 1.f., you must include proof of your U.S. citizenship, U.S. national status, or lawful permanent resident status.


Page 1,

Part 2. Information on the Principal Immigrant


[Page 1]


Part 2. Information on the Principal Immigrant


1.a. Family Name (Last Name)

1.b. Given Name (First Name)

1.c. Middle Name


Mailing Address


2.a. Street Number and Name

2.b. Apt. Ste. Flr.

2.c. City or Town

2.d. State

2.e Zip Code

2.f. Postal Code

2.g. Province

2.h. Country



Other Information

3.Country of Citizenship

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

5. Alien Registration Number (A-Number)

[Page 1]


Part 2. Information About the Principal Immigrant


[No change]




Mailing Address

2.a. In Care Of Name

2.b. Street Number and Name

2.c. Apt. Ste. Flr. [Fillable Field]

2.d. City or Town

2.e. State

2.f. ZIP Code

2.g. Province

2.h. Postal Code

2.i. Country



Other Information

3. Country of Citizenship or Nationality

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

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

6. USCIS ELIS Account Number (if any)

7. Daytime Telephone Number


Pages 2-3,

Part 3. Information on the Immigrant(s) You Are Sponsoring


[Page 2]


Part 3. Information on the Immigrant(s) You Are Sponsoring


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

Yes No (Applicable only in cases with two joint sponsors)



2. I am sponsoring the following family members immigrating at the same time or within 6 months of the principal immigrant named in Part 2. Do not include any relative listed on a separate visa petition.



Family Member 1

2.a. Family Name (Last Name)

2.b. Given Name (First Name)

2.c. Middle Name


2.d. Relationship to Sponsored Immigrant

2.e. Date of Birth (mm/dd/yyyy)

2.f. Alien Registration Number (A-Number)






Family Member 2

3.a. Family Name (Last Name)

3.b. Given Name (First Name)

3.c. Middle Name


3.d. Relationship to Sponsored Immigrant

3.e. Date of Birth (mm/dd/yyyy)

3.f. Alien Registration Number (A-Number)




Family Member 3

4.a. Family Name (Last Name)

4.b. Given Name (First Name)

4.c. Middle Name


4.d. Relationship to Sponsored Immigrant

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

4.f. Alien Registration Number (A-Number)




Family Member 4

5.a. Family Name (Last Name)

5.b. Given Name (First Name)

5.c. Middle Name



5.d. Relationship to Sponsored Immigrant

5.e. Date of Birth (mm/dd/yyyy)

5.f. Alien Registration Number (A-Number)




Family Member 5

6.a. Family Name (Last Name)

6.b. Given Name (First Name)

6.c. Middle Name


[Page 3]


6.d. Relationship to Sponsored Immigrant

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

6.f. Alien Registration Number (A-Number)




7. Enter the total number of immigrants you are sponsoring on this form from Items 1-6.

[Page 2]


Part 3. Information About the Immigrants You Are Sponsoring


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

Yes No (Applicable only if you are sponsoring family members in Part 3. as the second joint sponsor)


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


Family Member 1

3.a. Family Name (Last Name)

3.b. Given Name (First Name)

3.c. Middle Name


4. Relationship to Sponsored Immigrant

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

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

7. USCIS ELIS Account Number (if any)




Family Member 2

8.a. Family Name (Last Name)

8.b. Given Name (First Name)

8.c. Middle Name


9. Relationship to Sponsored Immigrant

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

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

12. USCIS ELIS Account Number (if any)


Family Member 3

13.a. Family Name (Last Name)

13.b. Given Name (First Name)

13.c. Middle Name


14. Relationship to Sponsored Immigrant

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

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

17. USCIS ELIS Account Number (if any)


Family Member 4

18.a. Family Name (Last Name)

18.b. Given Name (First Name)

18.c. Middle Name


[Page 3]


19. Relationship to Sponsored Immigrant

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

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

22. USCIS ELIS Account Number (if any)


Family Member 5

23.a. Family Name (Last Name)

23.b. Given Name (First Name)

23.c. Middle Name




24. Relationship to Sponsored Immigrant

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

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

27. USCIS ELIS Account Number (if any)


28. Enter the total number of immigrants you are sponsoring on this affidavit from Item Numbers 1.a. - 27.






Page 3,

Part 4. Information on the Sponsor


[Page 3]


Part 4. Information on the Sponsor



Sponsor’s Full Name

1.a. Family Name (Last Name)

1.b. Given Name (First Name)

1.c. Middle Name


Sponsor’s Mailing Address


2.a. Street Number and Name

2.b Apt. Ste. Flr.

2.c. City or Town

2.d. State

2.e. Zip Code

2.f. Postal Code

2.g Province

2.h. Country








Sponsor’s Place of Residence


3.a. Street Number and Name

3.b. Apt. Ste. Flr.

3.c. City or Town

3.d. State

3.e. Zip Code

3.f. Postal Code

3.g. Province

3.h. Country




Other Information

4. Telephone Number

5. Country of Domicile

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


[Page 4]


7.City or Town of Birth

8.State or Province of Birth

9.Country of Birth

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


Citizenship/Residency

11.a. I am a U.S. citizen

11.b. I am a U.S. national (for joint sponsors only).

11.c. I am a lawful permanent resident.


My alien registration number is:






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


12. I am currently on active duty in the U.S. armed services. Y/N


[Page 3]


Part 4. Information About You (Sponsor)


[No change]





Sponsor’s Mailing Address

2.a. In Care Of Name

2.b. Street Number and Name

2.c. Apt. Ste. Flr. [Fillable Field]

2.d. City or Town

2.e. State

2.f. ZIP Code

2.g. Province

2.h. Postal Code

2.i. Country


3. Is your current mailing address the same as your physical address? Y/N


If you answered "No" to Item Number 3., provide your physical address below.


Sponsor’s Physical Address

4.a. Street Number and Name

4.b. Apt. Ste. Flr. [Fillable Field]

4.c. City or Town

4.d. State

4.e. ZIP Code

4.f. Province

4g. Postal Code

4.h. Country


[Page 4]



Other Information

[delete]

5. Country of Domicile

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




7. City or Town of Birth

8. State or Province of Birth

9. Country of Birth

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


Citizenship or Residency

11.a. I am a U.S. citizen

11.b. I am a U.S. national.

11.c. I am a lawful permanent resident.



12. Sponsor’s Alien Registration Number (A-Number) (if any)


13. Sponsor’s USCIS ELIS Account Number (if any)


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


14. I am currently on active duty in the U.S. Armed Forces or U.S. Coast Guard. Y/N

Page 4,

Sponsor’s Household Size

[Page 4]


Part 5. Sponsor’s Household Size


Your Household Size – DO NOT COUNT ANYONE TWICE.


Persons you are sponsoring in this affidavit:


  1. Enter the number you entered on line 7 of Part 3.


Persons NOT sponsored in this affidavit:


  1. Yourself. 1


  1. If you are currently married, enter “1” for your spouse.


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


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


  1. If you have sponsored any other persons on an I-864 or I-864 EZ who are now lawful permanent residents, enter that number here.


  1. OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here.


  1. Add together lines 1-7 and enter the number here. Household size:

[Page 4]


Part 5. Sponsor’s Household Size


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


Persons you are sponsoring in this affidavit:


  1. Provide the number you entered in Part 3., Item Number 28.


Persons NOT sponsored in this affidavit:


  1. Yourself. 1


  1. If you are currently married, enter “1” for your spouse.


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


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


  1. If you have sponsored any other persons on Form I-864 or Form I-864 EZ who are now lawful permanent residents, enter that number here.


  1. OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here.


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

Household size:


Page 5,

Part 6. Sponsor’s Income and Employment



[Page 4]


Part 6. Sponsor’s Income and Employment


I am currently


1.Employed as a/an

1.a. Name of Employer #1 (if applicable)

1.b. Name of Employer #2 (if applicable)


2. Self-employed as a/an


3. Retired from:

3.a. Company Name

3.b. Date of Retirement (mm/dd/yyyy)


[Page 5]


4. Unemployed since (mm/dd/yyyy)


5. My current individual annual income is:

(See instructions) $


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


Person 1

6.a. Name

6.b. Relationship

6.c. Current Income


Person 2

7..a. Name

7.b. Relationship

7.c. Current Income


Person 3

8.a. Name

8.b. Relationship

8.c. Current Income


Person 4

9.a. Name

9.b. Relationship

9.c. Current Income


10. My current Annual Household Income (Total all lines from 5, 6.c., 7.c., 8.c., and 9.c., Will be compared to Poverty Guidelines -- See Form I-864P.)



11. The person(s) listed in 6.a., 7.a., 8.a., and 9.a. have completed Form I-864A. I am filing along with this form all necessary Forms I-864A completed by these person(s).





12. The person(s) listed in 6.a., 7.a., 8.a., or 9.a does not need to complete Form I-864A because he/she is the intending immigrant and has no accompanying dependents.



Name(s)


Federal income tax return information


13. I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year.











[Page 6]


My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal income tax returns for the most recent 3 years was:



Tax Year Total Income


13.a _____ (most recent) 13.a.1

13.b. (2nd most recent) 13.b.1.

13.c. (3rd most recent) 13.c.1.


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

[Page 5]


Part 6. Sponsor’s Employment and Income


I am currently:


1.a. Employed as a/an

1.a.1. Name of Employer 1 (if applicable)

1.a.2. Name of Employer 2 (if applicable)


1.b. Self employed as a/an


1.c. Retired from (Company Name)

since (mm/dd/yyyy)





1.d. Unemployed since (mm/dd/yyyy)


2. My current individual annual income is:



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


Person 1

3. Name

4. Relationship

5. Current Income


Person 2

6. Name

7. Relationship

8. Current Income


Person 3

9. Name

10. Relationship

11. Current Income


Person 4

12. Name

13. Relationship

14. Current Income


15. My Current Annual Household Income (Total all lines from Part 6., Item Numbers 2., 5., 8., 11., and 14.; the total will be compared to Federal Poverty Guidelines on Form I-864P.)


16. The people listed in Item Numbers 3., 6., 9., and 12. have completed Form I-864A. I am filing along with this affidavit all necessary Form I-864As completed by these people.



[Page 6]


17. One or more of the people listed in Item Numbers 3., 6., 9., and 12. do not need to complete Form I-864A because he or she is the intending immigrant and has no accompanying dependents.


Name


Federal Income Tax Return Information


Shape1

18.a. Have you filed a Federal income tax return for each of the three most recent tax years? Yes No




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


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




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


Tax Year Total Income

19.a. Most Recent $

19.b. 2nd Most Recent $

19.c. 3rd Most Recent $


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




Page 6,

Part 7. Use of Assets to Supplement Income (optional)

[Page 6]


Part 7. Use of Assets to Supplement Income (optional)


If your income, or the total income for you and your household, from Part 6, line 10 exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part. Skip to Part 8.



Your assets (Optional)

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


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


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



  1. Add together lines 1-3 and enter the number here. TOTAL: $_________



Assets from Form I-864A, line 12d for:



5.a. Name of Relative


5.b. Your household member’s assets from Form I-864A. (Optional)


Assets of the principal sponsored immigrant (Optional). The principal sponsored immigrant is the person listed in lines 1.a. – 1.c. in Part 2.


  1. Enter the balance of the sponsored immigrant’s savings and checking accounts.




  1. Enter the net cash value of all the sponsored immigrant’s real estate holdings. (Net means investment value minus mortgage debt.)


  1. Enter the current cash value of the sponsored immigrant’s stocks, bonds, certificates of deposit, and other assets not included on line 6 or 7.



  1. Add together lines 6-8 of Part 7 and enter the number here.


Total value of assets.


  1. Add together lines 4, 5.b., and 9 of Part 7 and enter the number here.

TOTAL:

[Page 6]


Part 7. Use of Assets to Supplement Income (Optional)


If your income, or the total income for you and your household, from Part 6., Item Numbers 19.a. - 19.c., exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part 7. Skip to Part 8.


Your Assets (Optional)

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


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


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


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



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


5.a. Name of Relative


5.b. Your household member’s assets from Form I-864A (optional).


Assets of the principal sponsored immigrant (optional). The principal sponsored immigrant is the person listed in Part 2., Item Numbers 1.a. - 1.c.


6. Enter the balance of the sponsored immigrant’s savings and checking accounts.


[Page 7]


7. Enter the net cash value of all the sponsored immigrant’s real estate holdings. (Net value means investment value minus mortgage debt.)


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


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


Total Value of Assets


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

TOTAL:


Page 8,

Part 8. Sponsor’s Contract

[Page 7]


Part 8. Sponsor’s Contract









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



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


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


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


What If I choose Not to Sign a Form I-864?


You cannot be made to sign a Form 1-864 if you do not want to do so. But if you do not sign the Form I-864, the intending immigrant may not be able to become a lawful permanent resident in the United States.


What Does Signing the Form I-864 Require Me to do?


If an intending immigrant becomes a lawful permanent resident in the United States based on a Form I-864 that you have signed, then, until your obligations under the Form I-864 terminate, you must:


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





-- Notify USCIS of any change in your address, within 30 days of the change, by filing Form I-865.



What Other Consequences Are There?


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


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


What If I Do Not Fulfill My Obligations?


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


[Page 8]


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


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


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





When Will These Obligations End?


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


1. Becomes a U.S. citizen;


2. Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;


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


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


5. Dies.


Note that divorce does not terminate your obligations under this Form I-864.


Your obligations under a Form I-864 also end if you die. Therefore, if you die, your Estate will not be required to take responsibility for the person’s support after your death. Your Estate may, however, be responsible for any support that you owed before you died.



























































I, _________ (Print Sponsor’s Name) certify under penalty of perjury under the laws of the United States that:




  1. I know the contents of this affidavit of support that I signed.


b. All the factual statements in this affidavit of support are true and correct.


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


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


e. Each of the Federal income tax returns submitted in support of this affidavit are true copies, or are unaltered tax transcripts, of the tax returns I filed with the U.S. Internal Revenue Service; and









f. I authorize the Social Security Administration to release information about me in its records to the Department of State and U.S. Citizenship and Immigration Services.


g. Any and all other evidence submitted is true and corrects.



1.a. Signature of the Sponsor

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


[Page 7]


Part 8. Sponsor’s Contract, Statement, Contact Information, Certification, and Signature


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


Sponsor’s Contract

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


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


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




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


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


The U.S. Government cannot make you sign Form 1-864 if you do not want to do so. But if you do not sign Form I-864, the intending immigrant may not become a lawful permanent resident in the United States.


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


If an intending immigrant becomes a lawful permanent resident in the United States based on a Form I-864 that you have signed, then, until your obligations under Form I-864 terminate, you must:



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


[Page 8]


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


What Other Consequences Are There?


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


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


What If I Do Not Fulfill My Obligations?


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




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



[no change]








[no change]








When Will These Obligations End?


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


A. Becomes a U.S. citizen;


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


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


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


E. Dies.


Note that divorce does not terminate your obligations under Form I-864.


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


Sponsor’s Statement

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


1.a. I can read and understand English, and have read and understand every question and instruction on this affidavit, as well as my answer to every question.


1.b. The interpreter named in Part 9. has also read to me every question and instruction on this affidavit, as well as my answer to every question, in [Fillable Field], a language in which I am fluent. I understand every question and instruction on this affidavit as translated to me by my interpreter, and have provided complete, true, and correct responses in the language indicated above.


[Page 9]


2. I have requested the services of and consented to [Fillable Field], who is/is not an attorney or accredited representative, preparing this affidavit for me.



Sponsor’s Contact Information

3. Sponsor’s Daytime Telephone Number

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

5. Sponsor’s Email Address (if any)



Sponsor’s Certification

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


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

I certify, under penalty of perjury, that the information in my affidavit and any document submitted with my affidavit were provided by me and are complete, true, and correct, and:


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


[delete]



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


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


D. Each of the Federal income tax returns submitted in support of this affidavit are true copies, or are unaltered tax transcripts, of the tax returns I filed with the IRS;



E. I understand that, if I am related to the sponsored immigrant by marriage, the termination of the marriage (by divorce, dissolution, annulment, or other legal process) will not relieve me of my obligations under this Form I-864; and


F. I authorize the Social Security Administration to release information about me in its records to the Department of State and USCIS.



[Deleted]



Sponsor’s Signature

6.a. Sponsor’s Signature

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


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


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[Page 10]


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


Provide the following information about the interpreter.


Interpreter’s Full Name

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

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

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




Interpreter’s Mailing Address

3.a. Street Number and Name

3.b. Apt. Ste. Flr. [Fillable Field]

3.c. City or Town

3.d. State

3.e. ZIP Code

3.f. Province

3.g. Postal Code

3.h. Country



Interpreter’s Contact Information

4. Interpreter’s Daytime Telephone Number

5. Interpreter’s Email Address (if any)



Interpreter’s Certification

I certify that:


I am fluent in English and [Fillable Field], which is the same language provided in Part 8., Item Number 1.b.;


I have read to this sponsor every question and instruction on this affidavit, as well as the answer to every question, in the language provided in Part 8., Item Number 1.b.; and


The sponsor has informed me that he or she understands every instruction and question on the affidavit, as well as the answer to every question, and the sponsor verified the accuracy of every answer.



Interpreter’s Signature

6.a. Interpreter’s Signature

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


Page 9,

Information on Preparer, If Prepared By someone Other Than the Sponsor

[Page 9]


Part 9. Information on Preparer, If Prepared By Someone Other Than the Sponsor






Preparer’s Full Name

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

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

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



Preparer’s Mailing Address

3.a. Street Number and Name

3.b. Apt. Ste. Flr.

3.c. City or Town

3.d. State

3.e. Zip Code

3.f. Province

3.g. Postal Code

3.h. Country



Preparer’s Contact Information

4. Preparer’s Daytime Telephone Number


5. Preparer’s Email Address

6. Business State ID # (if any)




















Declaration

I certify under penalty of perjury under the laws of the United States that I prepared tis affidavit of support at the sponsor’s request and that this affidavit of support is based on all information of which I have knowledge.











7.a. Signature of Preparer

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

[Page 10]


Part 10. Contact Information, Statement, Certification, and Signature of the Person Preparing this Affidavit, If Other Than the Sponsor


Provide the following information about the preparer.


[no change]





[Page 11]


Preparer’s Mailing Address

3.a. Street Number and Name

3.b. Apt. Ste. Flr. [Fillable Field]

3.c. City or Town

3.d. State

3.e. ZIP Code

3.f. Province

3.g. Postal Code

3.h. Country



Preparer’s Contact Information

4. Preparer’s Daytime Telephone Number

5. Preparer’s Fax Number

6. Preparer’s Email Address (if any)

[Deleted]


Preparer’s Statement

7.a. I am not an attorney or accredited representative but have prepared this affidavit on behalf of the sponsor and with the sponsor’s consent.


7.b. I am an attorney or accredited representative and my representation of the sponsor in this case extends/does not extend beyond the preparation of this affidavit.


NOTE: If you are an attorney or accredited representative whose representation extends beyond preparation of this affidavit, you must submit a completed Form G-28, Notice of Attorney or Accredited Representative, with this affidavit.


Preparer’s Certification

By my signature, I certify, swear, or affirm, under penalty of perjury, that I prepared this affidavit on behalf of, at the request of, and with the express consent of the sponsor. I completed this affidavit based only on responses the sponsor provided to me. After completing the affidavit, I reviewed it and all of the sponsor’s responses with the sponsor, who agreed with every answer on the affidavit. If the sponsor supplied additional information concerning a question on the affidavit, I recorded it on the affidavit.


Preparer’s Signature

8.a. Preparer’s Signature

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


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[Page 12]


Part 11. Additional Information


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


Your Full Name

1.a. Family Name (Last Name) [Auto-populated field]


1.b. Given Name (First Name) [Auto-populated field]


1.c. Middle Name [Auto-populated field]


2. A-Number (if any) [Auto-populated field]


3.a. Page Number

3.b. Part Number

3.c. Item Number

3.d. [Fillable Field]


4.a. Page Number

4.b. Part Number

4.c. Item Number

4.d. [Fillable Field]


5.a. Page Number

5.b. Part Number

5.c. Item Number

5.d. [Fillable Field]


6.a. Page Number

6.b. Part Number

6.c. Item Number

6.d. [Fillable Field]


7.a. Sponsor’s Signature

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




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AuthorPost, Elizabeth A
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File Created2021-01-25

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