TABLE OF CHANGES – INSTRUCTIONS
Form I-864, Affidavit of Support Under Section 213A of the INA
OMB Number: 1615-0075
05/04/2015
Reason for Revision: Updates to format, standard language, and edits provided by subject matter experts.
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Page 1, What Is the Purpose of This Form? |
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What Is the Purpose of This Form?
This form is required for most family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and are not likely to become a public charge. For more information about Form I-864, Affidavit of Support Under Section 213A of the Act, or to obtain related forms please contact:
1. The USCIS Web site (www.uscis.gov); 2. The USCIS National Customer Service Center at 1-800-375-5283. For TDD (hearing impaired) call: 1-800-767-1833.; or 3. Your local USCIS office by using Infopass.
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What Is the Purpose of Form I-864?
This affidavit is required for most family-based immigrants and some employment-based intending immigrants to show that they have adequate means of financial support and are not likely to become a public charge.
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Page 1, How Is This Form Used? |
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How Is This Form Used?
This form is a contract between a sponsor and the U.S. Government. Completing and signing this form makes you the sponsor. You must show on this form that you have enough income and/or assets to maintain the intending immigrant(s) and the rest of your household at 125 percent of the Federal Poverty Guidelines. By signing Form I-864, you are agreeing to use your resources to support the intending immigrant(s) named in this form, if it becomes necessary.
The submission of this form may make the sponsored immigrant ineligible for certain Federal, State, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant in determining his or her eligibility for the program.
If the immigrant sponsored in this affidavit does receive one of the designated Federal, State or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid.
Not all benefits are considered to be means-tested public benefits. See Form I-864P, Poverty Guidelines, for more information on which benefits may be covered by this definition, or the contract in Part 8. of this form for a list of benefits explicitly not considered means-tested public benefits.
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How Is Form I-864 Used?
This affidavit is a contract between a sponsor and the U.S. Government. Completing and signing Form I-864 makes you the sponsor. You must show on this affidavit that you have enough income and/or assets to maintain the intending immigrant(s) and the rest of your household at 125 percent of the Federal Poverty Guidelines. By signing Form I-864, you are agreeing to use your resources to support the intending immigrant(s) named in this affidavit, if it becomes necessary.
The submission of this affidavit may make the sponsored immigrant ineligible for certain Federal, state, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant when determining his or her eligibility for the program.
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Not all benefits are considered as means-tested public benefits. See Form I-864P, Poverty Guidelines, for more information on which benefits are covered by this definition, or the contract in Part 8. Sponsor’s Contract, Statement, Contact Information, Certification, and Signature of Form I-864 for a list of benefits explicitly not considered means-tested public benefits. |
Page 1, Who Needs This Form? |
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Who Needs This Form?
The following immigrants are required by law to submit Form I-864 completed by the petitioner to obtain an immigrant visa overseas or to adjust status to that of a lawful permanent resident in the United States:
1. All immediate relatives of U.S. citizens (spouses, unmarried children under age 21, and parents of U.S. citizens age 21 and older);
2. All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of permanent resident aliens, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens age 21 and older); and
3. Employment-based preference immigrants in cases only when a U.S. citizen or lawful permanent resident relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition.
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Who Needs to Submit Form I-864?
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1. All immediate relatives of U.S. citizens (spouses, unmarried children under 21 years of age, and parents of U.S. citizens 21 years of age and older);
2. All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens 21 years of age and older); and
3. Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition.
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Pages 1-2, Are There Exceptions to Who Needs This Form? |
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Are There Exceptions to Who Needs This Form?
The following type of intending immigrants do not need to file this form:
1. Any intending immigrant who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parent(s) while the immigrants were under 18 years of age. The Social Security
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Administration (SSA) can provide information on how to count quarters of work earned or credited and how to provide evidence of such. See the SSA Web site at www.ssa.gov/mystatement/credits for more information;
2. Any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000 (CCA);
3. Self-petitioning widows(ers) who have an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360; and
4. Self-petitioning battered spouses and children who have an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360.
NOTE: If you qualify for one of the exemptions listed above, submit Form I-864W, Intending Immigrant's Affidavit of Support Exemption, instead of Form I-864.
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Are There Exceptions to Who Needs to Submit Form I-864?
The following types of intending immigrants do not need to file Form I-864:
1. Any intending immigrant who has earned or can receive credit for 40 qualifying quarters (credits) of work in the United States. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parents while the immigrants were under 18 years of age. The Social Security Administration (SSA) can provide information on how to count quarters of work earned or credited and how to provide evidence of such. See the SSA Web site at www.ssa.gov/mystatement/credits for more information;
2. Any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration Nationality Act (INA), as amended b the Child Citizenship Act of 2000 (CCA).
3. Self-petitioning widows or widowers who have an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant; and
4. Self-petitioning battered spouses and children who have an approved Form I-360.
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Page 2, General Instructions |
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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.
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 Alien Registration Number (A-Number) (if any), 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.
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General Instructions
If you are completing this affidavit on a computer, USCIS will capture the data you enter using 2D barcode technology. This capture will ensure that the data you provide is accurately entered into USCIS systems. As you complete each data field, the 2D barcode line at the bottom of each page will shift as data is captured. Upon receipt of your affidavit, USCIS will use decoding equipment to extract the data from the affidavit. Please do not damage the 2D barcode (for example, puncture, staple, spill on, write on) as this could affect the ability of USCIS to timely process your affidavit.
USCIS provides forms free of charge through the USCIS Web site. In order to view, print, or fill out our forms, you should use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have Internet access, you may call the USCIS National Customer Service Center at 1-800-375-5283 and ask that we mail a form to you. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Signature. Each affidavit must be properly signed and filed. For all signatures on this affidavit, USCIS will not accept a stamped or typewritten name in place of a signature. If you are under 14 years of age, your parent or legal guardian may sign the affidavit on your behalf. A legal guardian may also sign for a mentally incompetent person.
If you are under guardianship, your legal guardian may print your name and sign Form I-864 for you. “Legal guardian” includes any person who is appointed and authorized by law to protect your estate as a result of your incapacity. The legal guardian must present proof of the appointment as legal guardian of your estate and a copy of an order from the appointing court or agency specifically permitting the guardian to make your income and assets available for the support of the sponsored immigrant.
Filing Fee. There is no filing fee to file Form I-864 with USCIS. For information on processing fees when filing with the Department of State, see www.travel.state.gov.
Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the Specific Instructions and Specific Requirements sections of these Instructions.
Copies. You may submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If you submit original documents when not required, the documents may remain a part of the record, and USCIS will not automatically return them to you.
Translations. If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English.
How To Fill Out Form I-864
1. Type or print legibly in black ink.
2. If you need extra space to complete any item within this affidavit, use the space provided in Part 11. Additional Information or attach a separate sheet of paper; type or print your name and Alien Registration Number (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.
3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed.
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Pages 2-8, General Instructions |
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General Instructions
Part 1. Basis for Filing Affidavit of Support.
1.a. Check Item Number "1.a." if you are the petitioner who is filing or who has already filed a Form I-129F for a fiancé (e), Form I-130 for a family member, or Form I-600 or Form I-600A for an orphan. If you are the petitioner, you must sponsor each intending immigrant.
1.b. Check Item Number "1.b." if you are filing or have filed Form I-140 for your husband, wife, father, mother, child, adult son or daughter, brother, or sister.
1.c. Check Item Number "1.c." if you have an ownership interest of at least 5 percent in a business, corporation or other entity that filed or is filing a Form I-140 for your husband, wife, father, mother, child, adult son or daughter, brother, or sister.
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1.d. Check Item Number "1.d." if you are the only joint sponsor.
1.e. Check Item Number "1.e." if you are either 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." if you are the substitute sponsor. A substitute sponsor is a sponsor who is completing a Form I-864 on behalf of an intending immigrant whose original Form I-130 petitioner has died after the Form I-130 was approved, but before the intending immigrant obtained permanent residence. The substitute sponsor must be related to the intending immigrant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child (at least 18 years of age), son, daughter, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild or legal guardian. The substitute sponsor must also be a U.S. citizen or lawful permanent resident. If you are a substitute sponsor, you must sponsor each intending immigrant.
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.
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.
Part 3. Information on Immigrant(s) 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., Item Numbers 2.a. - 6.g.) and not the principal immigrant listed in Part 2.
2. Family Members.
The immigrant you are sponsoring may be bringing a spouse and/or children to the United States. If the spouse and/or children will be traveling with the immigrant, or within 6 months of the immigrant's entry to the United States and you are sponsoring them, you should list the names and other requested information on the lines provided. If any dependents are not immigrating, will be immigrating more than 6 months after the sponsored alien arrives in the United States, or you are not sponsoring them, do not list their names here. A separate Form I-864 will be required for them when they apply for their immigrant visas.
Part 4. Information on the Sponsor
Item Number 5. Country of Domicile.
This question is asking you to indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:
1. You are employed by a certain organization.
Some individuals employed overseas are automatically considered to be domiciled in the United States because of the nature of their employment. The qualifying types of employment include employment by:
a. The U.S. government;
b. An American institution of research recognized by the Secretary of Homeland Security (the list of qualifying institutions may be found at 8 CFR 316.20);
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c. A U.S. firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm or corporation;
d. A public international organization in which the United States participates by treaty or statute;
e. A religious denomination having a bona fide organization in the United States, if the employment abroad involves the person's performance of priestly or ministerial functions on behalf of the denomination; or
f. A religious denomination or interdenominational missionary organization having a bona fide organization in the United States, if the person is engaged solely as a missionary.
2. You are living abroad temporarily.
If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.
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.
You must submit proof that you have taken concrete steps to establish that you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.
4. Item Number 10. U.S. Social Security Number.
Section 213A(i) of the Immigration and Nationality Act requires that your U.S. Social Security Number must be included on this Form I-864. If you do not have a U.S. Social Security Number, you must obtain one before submitting this Form I-864. If you do not provide this information, USCIS cannot accept this Form I-864, and the intending immigrant may not able to immigrate to the United States. Your U.S. Social Security Number may be used to verify, and if necessary, to enforce, your obligations under the Form I-864.
5. Item Number 11.a. - 11.c. Citizenship/Residency.
Proof of U.S. citizen, national, or permanent resident status is required for joint and substitute sponsors and for relatives of employment-based immigrants who file this form. Petitioning relatives who have already filed proof of their citizenship or immigration status with Form I-129F, Form I-130, Form I-600 and Form I-600A do not need to submit proof of their status with this form.
Proof of U.S. citizen or national status includes a copy of your birth certificate, certificate of naturalization, certificate of citizenship, consular report of birth abroad to citizen parents, or a copy of the biographic data page of your U.S. passport.
Proof of permanent resident status includes a photocopy of both sides of the "green card," Form I-551, Alien Registration Receipt Card/Permanent Resident Card; or a photocopy of an unexpired temporary I-551 stamp in either a foreign passport or a DHS Form I-94, Arrival/Departure Document.
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. If you provide evidence that you are currently on active duty in the military and you are petitioning for your spouse or minor child, you will need to demonstrate income at only 100 percent of the poverty level for your household size, instead of at 125 percent of the poverty level. (See Form I-864P, Poverty Guidelines, for information on the poverty levels.) Check "no" if you are not on active duty in the U.S. military. This provision does not apply to joint and substitute sponsors.
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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 Item Number 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. Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns.
2. Item Number 5. Enter the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if in fact you did support that person and claimed the person as a dependent.
3. Item Number 6. Enter the number of lawful permanent residents whom you are currently obligated to support based on your previous submission of Form I-864 as a petitioning, substitute, or joint sponsor, or of Form I-864EZ as a petitioning sponsor. Include only those persons who have already immigrated to the United States. Do not include anyone for whom your obligation to support has ended through the sponsored immigrant's acquisition of U.S. citizenship, death, abandonment of lawful permanent residence in the United States, acquisition of 40 quarters of earned or credited work in the United States, or obtaining a new grant of adjustment of status while in removal proceedings based on a new affidavit of support, if one is required.
4. Item Number 7. This question gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these family members in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this form. To be considered, any relative indicated in this category must sign and submit Form I-864A.
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.
Enter your current individual earned or retirement annual income that you are using to meet the requirements of this form and indicate the total on this line.
You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a Government official. For example, you may include a recent letter from your employer, showing your employer's address and telephone number, and indicating your annual salary. You may also provide pay stub(s) showing your income for the previous 6 months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that 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.
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To determine the filing requirements for your relatives included in Part 6, Item Number 7. - 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.
You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.
You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable. Telefile tax records are not acceptable proof of filing.
Do not submit copies of your State income tax returns. Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal tax return with the United States government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States.
If you provide a photocopy of your tax return(s), you must include a copy of each and every Form W-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy.
If you checked Item Number 2. in Part 6.,(self-employed), you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss) or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal tax return.
If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.
For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.
Obtaining Tax Transcripts. You may use Internal Revenue Service (IRS) Form 4506-T to request tax transcripts from the IRS. Complete IRS Form 4506-T with the ending date for each of your three most recent tax years listed on Item Number 9. Follow all instructions for completing and filing Form 4506-T with the IRS.
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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.), you do not need to complete this Part. If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant's assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrant(s). The value of assets of all of these persons may be combined in order to meet the necessary requirement.
Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value.
You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.
1. - 4. Assets.
To use your own assets, you must complete Part 7, Item Number 1. - 4. and submit corresponding evidence with this form. Supporting evidence must be attached to establish location, ownership, date of acquisition, and value of any real estate holding.
5. Household Member's Assets.
To use the assets of a relative (spouse, adult son or daughter, parent or sibling), the relative must reside with you and have completed a Form I-864A, Contract Between Sponsor and Household Member, with accompanying evidence of assets. The Form I-864A and accompanying evidence of assets is submitted with Form I-864. You may use the assets of more than one relative who resides with you so long as you submit a complete Form I-864A with evidence of assets for each such relative.
6. - 8. Assets of the Intending Immigrant.
You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this form. Form I-864A is not required to document the intending immigrant's assets.
9. Total Value of Item Numbers 6. - 8. of Part 7. Enter the number in this field.
10. Total Value of Assets.
In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is an alien orphan who will be adopted in the United States after the alien orphan acquires permanent residence, and who will, as a result, acquire citizenship under section 320 of the Act, the total value of your assets need only equal the difference.
Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is $22,062 and your current income is $18,062, the difference between your current income and the poverty line is $4,000. In order for assets to help you qualify, the combination of your assets, plus the assets of any household member who is signing Form I-864A, plus any available assets of the sponsored immigrant, would have to equal five times this difference (5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000.
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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.
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Specific Instructions
Part 1. Basis for Filing Affidavit of Support
Provide your full name (the sponsor) in the space provided, then select the Item Number that reflects your basis for filing Form I-864.
Item Number 1.a. Select this box if you are the petitioner who is filing or who has already filed Form I-129F, Petition for Alien Fiancé(e), for a fiancé(e); Form I-130, Petition for Alien Relative, for a family member; Form I-600, Petition to Classify Orphan as an Immediate Relative, for an orphan; or Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, for a convention adoptee.
Item Number 1.b. Select this box if you are filing or have filed Form I-140, Immigrant Petition for Alien Worker, for your husband, wife, father, mother, child, adult son or daughter, brother, or sister.
Item Number 1.c. Select this box if you have an ownership interest of at least five percent in a business, corporation, or other entity that filed or is filing Form I-140 for your husband, wife, father, mother, child, adult son or daughter, brother, or sister.
Item Number 1.d. Select this box if you are the only joint sponsor.
Item Number 1.e. Select this box if you are either of two joint sponsors.
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Item Number 1.f. Select this box if you are the substitute sponsor. A substitute sponsor is a sponsor who is completing Form I-864 on behalf of an intending immigrant whose original Form I-130 petitioner has died after the Form I-130 was approved, but before the intending immigrant obtained permanent residence. The substitute sponsor must be related to the intending immigrant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child (at least 18 years of age), son, daughter, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, or legal guardian. The substitute sponsor must also be a U.S. citizen, lawful permanent resident, or U.S. national. If you are a substitute sponsor, you must sponsor each intending immigrant.
Part 2. Information About the Principal Immigrant
The principal immigrant is the intending immigrant who is the primary beneficiary of the visa petition.
Item Number 1.a - 1.c. Name. Provide the full name of the principal immigrant.
Item Number 2.a. - 2.i. Mailing Address. Provide the mailing address of the principal immigrant.
Item Number 3. Country of Citizenship or Nationality. Provide the country of citizenship or nationality of the principal immigrant.
Item Number 4. Date of Birth. Provide the date of birth of the principal immigrant in mm/dd/yyyy format.
Item Number 5. Alien Registration Number (A-Number) (if any). An Alien Registration Number (A-Number) is a number assigned by the former Immigration and Naturalization Service (INS) or U.S. Citizenship and Immigration Services (USCIS). People with A-Numbers can locate the number on their INS or USCIS-issued documentation. 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 may not have A-Numbers.
Item Number 6. USCIS ELIS Account Number (if any). If the principal immigrant has previously filed an application, petition, or request using the USCIS Electronic Immigration System (USCIS ELIS), provide the USCIS ELIS Account Number they were issued by the system. The USCIS ELIS Account Number is not the same as an A-Number. If they were issued a USCIS ELIS Account Number, enter it in the space provided.
Item Number 7. Daytime Telephone Number. Provide a daytime telephone number with area code for the principal immigrant.
Part 3. Information About the Immigrants You Are Sponsoring
Item Number 1. Indicate whether you are sponsoring the principal immigrant listed in Part 2. of Form I-864. Select “No” if you are sponsoring only intending immigrants listed in Part 3., Item Numbers 3.a. - 27., and not the principal immigrant listed in Part 2. This only applies if you are sponsoring family members in Part 3. as the second joint sponsor.
Item Number 2. Family Members. The immigrant you are sponsoring may bring a spouse and/or children to the United States. If the spouse and/or children will travel with the immigrant, or within six months of the immigrant’s entry into the United States and you are sponsoring them, you should list the names and other requested information in the spaces provided. If any dependents are not immigrating, will immigrate more than six months after the sponsored immigrant arrives in the United States, or you are not sponsoring them, do not list their names here. A separate Form I-864 is required for them when they apply for their immigrant visas.
Item Numbers 3.a. - 27. Provide the requested information about each family member (intending immigrants) you are sponsoring with this affidavit. If you need extra space to complete this section, use the space provided in Part 11. Additional Information.
Item Number 28. Enter the total number of immigrants you are sponsoring on this affidavit from Item Numbers 1.a. - 27.
Part 4. Information About You (Sponsor)
Item Number 1.a. - 1.c. Sponsor’s Full Name. Provide your (the sponsor’s) full name.
Item Number 2.a. - 3. Sponsor’s Mailing Address. Provide your (the sponsor’s) current mailing address.
Item Number 4.a. - 4.h. Sponsor’s Physical Address. Provide the physical address where you (the sponsor) live, if different from your mailing address.
Item Number 5. Country of Domicile. Indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a typed or printed explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:
1. You are employed by a certain organization.
Some individuals employed overseas are automatically considered as domiciled in the United States because of the nature of their employment. The qualifying types of employment include employment by:
A. The U.S. Government;
B. An American institution of research recognized by the Secretary of Homeland Security (you may find the list of qualifying institutions at 8 CFR 316.20);
C. A U.S. firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm or corporation;
D. A public international organization in which the United States participates by treaty or statute;
E. A religious denomination having a bona fide organization in the United States, if the employment abroad involves the person’s performance of priestly or ministerial functions on behalf of the denomination; or
F. A religious denomination or interdenominational missionary organization having a bona fide organization in the United States, if the person is engaged solely as a missionary.
2. You are living abroad temporarily.
If you are not currently living in the United States, you must provide proof that your trip abroad is temporary and that you have maintained your domicile in the United States. Examples of proof include:
A. Your voting record in the United States; B. Records of paying U.S. state or local taxes; C. Having property in the United States; D. Maintaining bank or investment accounts in the United States; E. Having a permanent mailing address in the United States; or F. Other proof such as evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.
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.
You must submit proof that you have taken concrete steps to establish that you will domicile in the United States at a time no later than the date of the intending immigrant’s admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.
Item Number 6. Date of Birth. Provide your date of birth in the mm/dd/yyyy format.
Item Number 7. - 9. Location of Birth. Provide the city or town, state or province, and country of your birth.
Item Number 10. U.S. Social Security Number (Required). INA Section 213A(i) requires you to include your U.S. Social Security Number on Form I-864. If you do not have a U.S. Social Security Number, you must obtain one before submitting Form I-864. If you do not provide your information, USCIS cannot accept your Form I-864, and the intending immigrant(s) may not immigrate to the United States. USCIS may use your U.S. Social Security Number to verify and, if necessary, to enforce your obligations under Form I-864.
Item Numbers 11.a. - 11.c. Citizenship or Residency. You must provide proof that you are a U.S. citizen, U.S. national, or lawful permanent resident for joint and substitute sponsors and for relatives of employment-based immigrants who file Form I-864. Petitioning relatives who have already filed proof of their citizenship or immigration status with Form I-129F, Form I-130, Form I-600, or Form I-600A do not need to submit proof of their status with this affidavit.
1. Proof of U.S. citizen or U.S. national status includes a copy of your birth certificate, certificate of naturalization, certificate of citizenship, consular report of birth abroad to U.S. citizen parents, or a copy of the biographic data page of your U.S. passport.
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2. Proof of lawful permanent resident status includes a photocopy of both sides of the Permanent Resident Card or Alien Registration Receipt Card (Form I-551), or a photocopy of an unexpired temporary Form I-551 stamp in either a foreign passport or a Department of Homeland Security (DHS) Form I-94 Arrival-Departure Record.
3. If applicable, also provide the sponsor’s A-Number in Item Number 12.
Item Number 12. Sponsor’s Alien Registration Number (if any). An Alien Registration Number (A-Number) is a number assigned by the former INS or USCIS. People with A-Numbers can locate the number on their INS or USCIS-issued documentation.
Item Number 13. Sponsor’s USCIS ELIS Account Number (if any). If you (the sponsor) have previously filed an application, petition, or request using the USCIS Electronic Immigration System (USCIS ELIS), provide the USCIS ELIS Account Number you were issued by the system. The USCIS ELIS Account Number is not the same as an A-Number. If you were issued a USCIS ELIS Account Number, enter it in the space provided.
Item Number 14. Military Service. Select “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. If you provide evidence that you are currently on active duty in the U.S. Armed Forces or U.S. Coast Guard and you are petitioning for your spouse and/or minor child, you will need to demonstrate income at only 100 percent of the poverty level for your household size, instead of at 125 percent of the poverty level. (See Form I-864P, Poverty Guidelines, for information on the poverty levels.) Select “No” if you are not on active duty in the U.S. Armed Forces or U.S. Coast Guard. This provision does not apply to joint and substitute sponsors.
Part 5. Sponsor’s Household Size
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. In some cases the same person could fit into two categories. For example, your spouse, whom you would enter in Item Number 3., might also be a lawful permanent resident for 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.
Item Number 1. Provide the number you entered in Part 3., Item Number 28. If you or someone else is completing Form I-864 on a computer, this box will auto-populate.
Item Number 2. This field is auto-populated to “1.”
Item Number 3. Enter “1” if you are married. Enter “0” if you are not married.
Item Number 4. Enter the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns.
Item Number 5. Enter the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if, in fact, you did support that person and claimed the person as a dependent.
Item Number 6. Enter the number of lawful permanent residents whom you are currently obligated to support based on your previous submission of Form I-864 as a petitioning, substitute, or joint sponsor, or Form I-864EZ, Affidavit of Support Under Section 213A of the INA, as a petitioning sponsor. Include only those persons who have already immigrated to the United States. Do not include anyone for whom your obligation to support has ended through the sponsored immigrant’s acquisition of U.S. citizenship, death, abandonment of lawful permanent residence in the United States, acquisition of 40 quarters of earned or credited work in the United States, or obtaining a new grant of adjustment of status while in removal proceedings based on a new affidavit of support, if one is required.
Item Number 7. This question gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these relatives in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this affidavit. To be considered, any relative included in this category must sign and submit Form I-864A, Contract Between Sponsor and Household Member.
Item Number 8. Household Size. Add together Part 5., Item Numbers 1. - 7. and enter the number in the space provided. If you or someone else is completing Form I-864 on a computer, this box will auto-populate.
Part 6. Sponsor’s Employment and Income
Item Numbers 1.a. - 1.d. Sponsor’s Employment. Select all the boxes that apply to you. You, as the sponsor, may not rely on a household member’s income from illegal acts, such as proceeds from illegal gambling or drug sales, to meet the income requirement even if the household member paid taxes on that income.
Item Number 2. Current Individual Annual Income. Enter your current, individual, earned or retirement, annual income that you are using to meet the requirements of this affidavit and indicate the total in the space provided.
You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income.
Item Number 3. - 17. Current Annual Household Income. This section is used to determine the sponsor’s household income. If your individual annual income listed in Item Number 2. is greater than 125 percent (or 100 percent if you are on active duty in the U.S. Armed Forces or U.S. Coast Guard 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 information on the Federal Poverty Guidelines.
To determine the filing requirements for your relatives included in Part 6., Item Numbers 3. - 14., follow the instructions below.
1. If you included the income of your spouse listed in Part 5., Item Number 3., any child listed in Part 5., Item Number 4., any dependent listed in Part 5., Item Number 5., or any siblings, parents, or adult children 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.
2. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children.
3. If you included the income of the intending immigrant who is not your spouse, (he or she would be counted on Part 5., Item Number 1.), 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 or she is living in your residence. He or she does not need to complete Form I-864A, unless he or she has an accompanying spouse or children.
Item Numbers 18.a. - 20. Federal Income Tax Return Information
You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.
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Do not submit copies of your state income tax returns. Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal individual income tax return with the United States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States.
If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.
If you selected Part 6., Item Number 1.b., that you are self-employed, you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return.
If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a typed or printed explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See Filing Requirements in the IRS Form 1040 Filing Instructions to determine whether you were required to file.
For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.
Obtaining Tax Transcripts. You may use IRS Form 4506-T to request tax transcripts from the IRS. Complete IRS Form 4506-T with the ending date for each of your three most recent tax years listed on Item Numbers 19.a. - 19.c. Follow all instructions for completing and filing Form 4506-T with the IRS.
NOTE: Do not leave the boxes for Item Number 19.a. blank. Print or type the most recent tax year and your total income for that most recent tax year. If the amount was zero, enter “zero” or if you were not required to file a Federal income tax return enter “N/A” for not applicable.
Part 7. Use of Assets to Supplement Income (Optional)
Only complete Part 7. if you need to use the value of assets to meet the income requirements. If your Current Annual Household Income (indicated on Part 6., Item Number 15.) is equal to or more than needed to meet the income requirement as shown by the current Federal Poverty Guidelines (Form I-864P) for your household size (indicated on Part 5., Item Number 8.), you do not need to complete this Part. If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrant(s). The value of assets of all of these persons may be combined in order to meet the necessary requirement.
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You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.
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Item Numbers 1. - 4. Assets. To use your own assets, you must complete Part 7., Item Numbers 1. - 4. and submit corresponding evidence with this affidavit. Supporting evidence must be attached to establish location, ownership, date of acquisition, and value of any real estate holding.
Item Numbers 5.a. - 5.b. Household Member’s Assets. To use the assets of a relative (spouse, adult son or daughter, parent, or sibling), the relative must reside with you and have completed Form I-864A with accompanying evidence of assets. Form I-864A and accompanying evidence of assets is submitted with Form I-864. You may use the assets of more than one relative who resides with you so long as you submit a complete Form I-864A with evidence of assets for each such relative.
Item Numbers 6. - 9. Assets of the Intending Immigrant. You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this affidavit. Add together Item Numbers 6. - 8. and enter the total number in Item Number 9. Form I-864A is not required to document the intending immigrant’s assets.
Item Number 10. Total Value of Assets. In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size, however, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is a foreign national orphan who will be adopted in the United States after he or she acquires permanent residence, and who will, as a result, acquire citizenship under section 320 of the INA, the total value of your assets need only equal the difference.
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Part 8. Sponsor’s Contract, Statement, Contact Information, Certification, and Signature
Read the contract carefully, then sign and date the affidavit. If you do not sign and date the affidavit, the intending immigrant you are sponsoring cannot be issued a visa or be granted adjustment of status.
Item Numbers 1.a. - 6.b. Select the appropriate box to indicate that you either read this affidavit yourself or someone interpreted this affidavit for you from English to a language in which you are fluent. If applicable, select the box to indicate if someone prepared this affidavit for you. Further, you must sign and date your affidavit and provide your daytime telephone number, mobile telephone number (if any), and email address (if any). Every request MUST contain the signature of the sponsor (or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.
Part 9. Interpreter’s Contact Information, Certification, and Signature
Item Numbers 1.a. - 6.b. If you used anyone as an interpreter to read the instructions and questions on this affidavit to you in a language in which you are fluent, the interpreter must fill out this section, provide his or her name, the name and address of his or her business or organization (if any), his or her daytime telephone number, and his or her email address (if any). The interpreter must sign and date the affidavit.
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Part 10. Contact Information, Statement, Certification, and Signature of the Person Preparing this Affidavit, If Other Than the Sponsor
Item Numbers 1.a. - 8.b. This section must contain the signature of the person who completed your affidavit, if other than you, the sponsor. If the same individual acted as your interpreter and your preparer, that person should complete both Part 9. and Part 10. If the person who completed this affidavit is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you prepare this affidavit MUST sign and date the affidavit. A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your affidavit is an attorney or accredited representative, he or she must also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along with your affidavit.
Part 11. Additional Information
Item Numbers 1.a. - 6.b. If you need extra space to provide any additional information within this affidavit, use the space provided in Part 11. Additional Information. If you need more space than what is provided in Part 11., you may make copies of Part 11. to complete and file with your 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.
We recommend that you print or save a copy of your completed affidavit to review in the future and for your records.
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Pages 8-10, Specific Requirements |
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Specific Requirements
1. Who Completes and Signs Form I-864?
A sponsor completes and signs Form I-864. A sponsor is required to be at least 18 years old and domiciled in the United States, or its territories or possessions (see Part 4, Information on the Sponsor, Item Number 5. of these instructions for more information on domicile). The petitioning sponsor must sign and complete Form I-864, even if a joint sponsor also submits an I-864 to meet the income requirement. The list below identifies who must become sponsors by completing and signing a Form I-864.
a. The U.S. citizen or lawful permanent resident who filed a Form I-129F, Petition for Alien Fiance(e), for a fiance(e), Form I-130, Petition for Alien Relative, for a family member; Form I-600, Petition to Classify Orphan as an Immediate Relative, or Form I-600A, Application for Advance Processing of Orphan Petition, for an orphan.
b. The U.S. citizen or permanent resident alien who filed a Form I-140, Immigrant Petition for Alien Worker, for a spouse, parent, son, daughter, or sibling who: (1) has a significant ownership interest (5 percent or more) in the business which filed the employment-based immigrant visa petition; or (2) is related to the intending immigrant as a spouse, parent, son, daughter, or sibling.
2. What Are the Income Requirements?
To qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal poverty guideline for your household size. The Federal poverty line, for purposes of this form, is updated annually and can be found on Form I-864P, Poverty Guidelines, on the USCIS Web site at www.uscis.gov. If you are on active duty in the U.S. Armed Forces, including the Army, Marines Navy, Air Force or Coast Guard, and you are sponsoring your spouse or minor child, you only need to have an income of 100 percent of the Federal poverty line for your household size. This provision does not apply to joint or substitute sponsors.
3. How Do I Count Household Size?
Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ, Affidavit of Support Under Section 213A of the Act, whom you are still obligated to support. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise to use their income and resources in support of the intending immigrant(s).
4. What If I Cannot Meet the Income Requirements?
If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:
a. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal tax return who signed a Form I-864A, Contract Between Sponsor and Household Member.
b. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;
c. The value of your assets, the assets of any household member who has signed a Form I-864A, or the assets of the intending immigrant;
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d. A joint sponsor whose income and/or assets equal at least 125 percent of the Poverty Guidelines. See section 9., What Is a Joint Sponsor, for more information on joint sponsors.
5. How Can My Relatives and Dependents Help Me Meet the Income Requirements?
You may use the income of your spouse and/or any other relatives living in your residence if they are willing to be jointly responsible with you for the intending immigrant(s) you are sponsoring. If you have any unrelated dependents listed on your income tax return you may include their income regardless of where they reside.
The income of such household members and dependents can be used to help you meet the income requirements if they complete and sign Form I-864A, Contract Between Sponsor and Household Member, and if they are at least 18 years of age when they sign the form.
6. Can the Intending Immigrant Help Me Meet the Income Requirements?
If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status. If the intending immigrant is another relative, there are 2 requirements.
First, the income must be continuing from the same source after he or she obtains lawful permanent resident status, and second, the intending immigrant must currently live with you in your residence. Evidence must be provided to support both requirements.
However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.
7. Does Receipt of Means-Tested Public Benefits Disqualify Me From being a Sponsor?
No. Receipt of means-tested public benefits does not disqualify anyone from being a sponsor. However, means-tested public benefits cannot be accepted as income for the purposes of meeting the income requirement.
8. How Can I Use Assets to Qualify?
Assets may supplement income if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members. You may not include an automobile unless you show that you own at least one working automobile that you have not included.
9. What Is a Joint Sponsor?
If the person who is seeking the immigration of one or more of his or her relatives cannot meet the income requirements, a "joint sponsor" who can meet the requirements may submit a Form I-864 to sponsor all or some of the family members.
A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.
If the first joint sponsor completes Form I-864 for some rather than all the family members, a second qualifying joint sponsor will be required to sponsor the remaining family members. There may be no more than two joint sponsors. A joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor. Any dependents applying for an immigrant visa or adjustment of status more than 6 months after immigration of the intending immigrants must be sponsored by the petitioner but may be sponsored by an original joint sponsor or a different joint sponsor.
Even if one or more Form I-864s are submitted for an intending immigrant, the petitioning sponsor remains legally accountable for the financial support of the sponsored alien along with the joint sponsor(s).
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10. What Is a Substitute Sponsor?
A substitute sponsor is a sponsor who is completing a Form I-864 on behalf of an intending immigrant whose original Form I-130 petitioner has died after the Form I-130 was approved, but before the intending immigrant obtained permanent residence.
The substitute sponsor must be related to the intending immigrant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child (at least 18 years of age), son, daughter, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild or legal guardian. The substitute sponsor must also be a U.S. citizen or lawful permanent resident.
If you are a substitute sponsor, you must indicate that that you are related to the intending immigrant in one of the ways listed above and include evidence proving that relationship. The beneficiary must also file this form along with a written statement explaining the reasons why the Form I-130 visa petition should be reinstated, having been revoked following the petitioner's death. The beneficiary must also include a copy of the Form I-130 approval notice.
11. How Long Does My Obligation as a Sponsor Continue?
Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.
Although 40 qualifying quarters of work (credits) generally equate to 10 years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.
The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.
12. Do I Need to Submit a Separate Affidavit for Each Family Member?
You must submit a Form I-864 affidavit of support for each intending immigrant you are sponsoring. You may submit photocopies if you are sponsoring more than one intending immigrant listed on the same affidavit of support. Separate affidavits of support are required for intending immigrants for whom different Form I-130 family-based petitions were filed. For instance, if you are sponsoring both parents, each will need an original affidavit of support and accompanying documentation since you were required to submit separate Form I-130 visa petitions for each parent. Often a spouse or minor children obtain visas or adjust status as dependents of a relative, based on the same visa petition. If you are sponsoring such dependents, you only need to provide a photocopy of the original Form I-864, as long as these dependents are immigrating at the same time as the principal immigrant or within 6 months of the time he or she immigrates to the United States. You do not need to provide copies of the supporting documents for each of the photocopied Forms I-864.
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Specific Requirements
Who Completes and Signs Form I-864?
A sponsor completes and signs Form I-864. A sponsor is required to be at least 18 years of age and domiciled in the United States, or its territories or possessions (See Part 4. Information About You (Sponsor) section of these Instructions for more information on domicile). The petitioning sponsor must sign and complete Form I-864, even if a joint sponsor also submits an I-864 to meet the income requirement. The list below identifies who must become sponsors by completing and signing a Form I-864, when it is required.
1. The U.S. citizen, lawful permanent resident, or U.S. national who filed Form I-129F, Petition for Alien Fiancé(e), for a fiancé(e); Form I-130, Petition for Alien Relative, for a family member; Form I-600, Petition to Classify Orphan as an Immediate Relative, for an orphan; or Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, for a Convention adoptee.
2. The U.S. citizen or lawful permanent resident, or U.S. national who filed Form I-140, Immigrant Petition for Alien Worker, for a spouse, parent, son, daughter, or sibling who:
A. Has a significant ownership interest (five percent or more) in the business which filed the employment-based immigrant visa petition; or
B. Is related to the intending immigrant as a spouse, parent, son, daughter, or sibling.
What Are the Income Requirements?
To qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal Poverty Guidelines for your household size. The Federal poverty line, for purposes of this affidavit, is updated annually and can be found on Form I-864P, Poverty Guidelines, on the USCIS Web site at www.uscis.gov.
If you are on active duty in the U.S. Armed Forces, including the Army, Marines, Navy, Air Force, or Coast Guard, and you are sponsoring your spouse or minor child, you only need to have an income of 100 percent of the Federal Poverty Guideline for your household size. This provision does not apply to joint or substitute sponsors.
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How Do I Count Household Size?
Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under 21 years of age, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with Form I-864 or Form I-864 EZ, Affidavit of Support Under Section 213A of the INA, whom you are still obligated to support. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principal residence as you and promise to use their income and resources in support of the intending immigrant(s).
What If I Cannot Meet the Income Requirements?
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1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal income tax return who signed Form I-864A, Contract Between Sponsor and Household Member;
2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;
3. The value of your assets, the assets of any household member who has signed Form I-864A, or the assets of the intending immigrant(s); or
4. A joint sponsor whose income and/or assets equal at least 125 percent of the Federal Poverty Guidelines. (See the What Is a Joint Sponsor section of these Instructions for more information.)
How Can My Relatives and Dependents Help Me Meet the Income Requirements?
You may use the income of your spouse and/or any other relatives living in your residence if they are willing to be jointly responsible with you for the intending immigrant(s) you are sponsoring. If you have any unrelated dependents listed on your Federal income tax return you may include their income regardless of where they reside.
The income of such household members and dependents can be used to help you meet the income requirements if they complete and sign Form I-864A, Contract Between Sponsor and Household Member, and if they are at least 18 years of age when they sign the affidavit.
Can the Intending Immigrant Help Me Meet the Income Requirements?
If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.
If the intending immigrant is another relative, there are two requirements:
1. The income must be continuing from the same source after he or she obtains lawful permanent resident status; and
2. The intending immigrant must currently live with you in your residence.
Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.
[Page 12]
Does Receipt of Means-Tested Public Benefits Disqualify Me From being a Sponsor?
No. Receipt of means-tested public benefits does not disqualify anyone from being a sponsor, however, means-tested public benefits cannot be accepted as income for the purposes of meeting the income requirement.
How Can I Use Assets to Qualify?
You may use assets to supplement income if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members. You may not include an automobile unless you show that you own at least one working automobile that you have not included.
What Is a Joint Sponsor?
If the person who is seeking the immigration of one or more of his or her relatives cannot meet the income requirements, a joint sponsor who can meet the requirements may submit Form I-864 to sponsor all or some of the family members.
A joint sponsor can be any U.S. citizen, lawful permanent resident, or U.S. national who is at least 18 years of age, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.
If the first joint sponsor completes Form I-864 for some rather than all the family members, a second qualifying joint sponsor will be required to sponsor the remaining family members. There may be no more than two joint sponsors. A joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor. Any dependents applying for an immigrant visa or adjustment of status more than six months after immigration of the intending immigrants must be sponsored by the petitioner but may be sponsored by an original joint sponsor or a different joint sponsor.
NOTE: Even if one or more Form I-864s are submitted for an intending immigrant, the petitioning sponsor remains legally accountable for the financial support of the sponsored immigrant along with the joint sponsors. The petitioning sponsor must complete and submit a signed Form I-864 for the intending immigrant even if a joint sponsor will be used. The petitioning sponsor must also provide his or her Federal income tax return for the most recent tax year with supporting tax documents unless otherwise not required to file a Federal income tax return for the most recent tax year.
What Is a Substitute Sponsor?
A substitute sponsor is a sponsor who is completing Form I-864 on behalf of an intending immigrant whose original Form I-130 petitioner has died after Form I-130 was approved, but before the intending immigrant obtained permanent residence.
The substitute sponsor must be related to the intending immigrant in one of the following ways: spouse, parent, mother- in- law, father-in-law, sibling, child (at least 18 years of age), son, daughter, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, or legal guardian. The substitute sponsor must also be a U.S. citizen, lawful permanent resident, or U.S. national.
If you are a substitute sponsor, you must indicate that that you are related to the intending immigrant in one of the ways listed above and include evidence proving that relationship. The beneficiary must also file this affidavit along with a typed or written statement explaining the reasons why the Form I-130 visa petition should be reinstated, having been revoked following the petitioner’s death. The beneficiary must also include a copy of the Form I-130 approval notice.
How Long Does My Obligation as a Sponsor Continue?
Your obligation to support the immigrants you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.
Although 40 qualifying quarters of work (credits) generally equates to 10 years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.
[Page 13]
The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident. Divorce does not end the sponsorship obligation.
Do I Need to Submit a Separate Affidavit for Each Family Member?
You must submit a Form I-864 affidavit of support for each intending immigrant you are sponsoring. You may submit photocopies if you are sponsoring more than one intending immigrant listed on the same affidavit of support.
Separate affidavits of support are required for intending immigrants for whom different Form I-130, Form I-600, or Form I-800 family-based petitions were filed. For instance, if you are sponsoring both parents, each will need an original affidavit of support and accompanying documentation since you were required to submit separate Form I-130 visa petitions for each parent. Often a spouse or minor children obtain visas or adjust status as dependents of a relative, based on the same visa petition. If you are sponsoring such dependents, you only need to provide a photocopy of the original Form I-864, as long as these dependents are immigrating at the same time as the principal immigrant or within six months of the time he or she immigrates to the United States. You do not need to provide copies of the supporting documents for each of the photocopied Form I-864s.
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What Is the Filing Fee?
There is no filing fee to file Form I-864 with USCIS. For information on processing fees when filing with the Department of State, see www.travel.state.gov.
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Page 10, Where to File? |
[Page 10]
Where to File?
Please see the USCIS Web site at www.uscis.gov/I-864 or call the USCIS National Customer Service Center at 1-800-375-5283 for the most current information about where to file this benefit request. For TDD (hearing impaired) call: 1-800-767-1833.
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[Page 13]
Where To File?
Please see the USCIS Web site at www.uscis.gov/I-864 or call the USCIS National Customer Service Center at 1-800-375-5283 for the most current information about where to file this affidavit. For TTY (deaf or hard of hearing) call: 1-800-767-1833. For information on filing with the Department of State, see www.travel.state.gov.
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Pages 10-11, Address Changes |
[Page 10]
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. For TDD (hearing impaired) call: 1-800-767-1833.
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.
[Page 11]
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.
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[Page 13]
Address Change
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 Form I-865, Sponsor’s Change of Address. For information on filing a change of address go to the USCIS Web site at www.uscis.gov/addresschange or contact the USCIS National Customer Service Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833. For information on reporting a change of address to the Department of State, see www.travel.state.gov.
NOTE: Do not complete Form I-865 at the same time that you complete 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. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
NOTE: Do not submit a change of address request to USCIS Lockbox facilities because these facilities do not process change of address requests.
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[Page 14]
Processing Information
Initial Processing. Once USCIS or the Department of State accepts your affidavit we will check it for completeness. If you do not completely fill out this affidavit, you will not establish a basis for your eligibility and USCIS or the Department of State may reject or deny your affidavit.
Requests for More Information. We may request that you provide more information or evidence to support your affidavit. We may also request that you provide the originals of any copies you submit. USCIS will return any requested originals when they are no longer needed.
Requests for Interview. We may request that you appear at a USCIS office for an interview based on your affidavit. At the time of any interview or other appearance at a USCIS office, we may require that you provide your fingerprints, photograph, and/or signature to verify your identity and/or update background and security checks.
Decision. The decision on Form I-864 involves a determination of whether you have established eligibility for the immigration benefit you are seeking. USCIS will notify you of the decision in writing.
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Page 11, USCIS Forms and Information |
[Page 11]
USCIS Forms and Information
To ensure you are using the latest version of this form, visit the USCIS Web site at www.uscis.gov where you can obtain the latest USCIS forms and immigration-related information. If you do not have internet access, 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 USCIS National Customer Service Center at 1-800-375-5283. For TDD (hearing impaired) call: 1-800-767-1833.
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 the USCIS 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. |
[Page 14]
USCIS Forms and Information
To ensure you are using the latest version of this affidavit, visit the USCIS Web site at www.uscis.gov where you can obtain the latest USCIS forms and immigration-related information. If you do not have Internet access, you may order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by calling the USCIS National Customer Service Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Instead of waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our online system, InfoPass, at infopass.uscis.gov. 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. If filing with the Department of State, see www.travel.state.gov.
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Page 11, Penalties |
[Page 11]
Penalties
The Government may pursue verification of any information provided on or in support of this form, including employment, income, or assets with the employer, financial or other institutions, the Internal Revenue Service, or the Social Security Administration. If you include in this affidavit of support any information that you know to be false, you may be liable for criminal prosecution under the laws of the United States.
If you fail to give notice of your change of address, as required by 8 U.S.C. 1183a(d) and 8 CFR 213a.3, you may be liable for the civil penalty established by 8 U.S.C. 1183a(d)(2). The amount of the civil penalty will depend on whether you failed to give this notice because you were aware that the immigrant(s) you sponsored had received Federal, State, or local means-tested public benefits.
If the failure to report your change of address occurs with knowledge that the sponsored immigrant received means-tested public benefits (other than benefits described in section 401(b), 403(c)(2), or 4ll(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which are summarized in the contract in Part 8) such failure may result in a fine of not less than $2,000 or more than $5,000. Otherwise, the failure to report your change of address may result in a fine not less than $250 or more than $2,000.
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Penalties
If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-864, we will deny your Form I-864 and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.
The U.S. Government may pursue verification of any information provided on or in support of this affidavit, including employment, income, or assets with the employer, financial or other institutions, the IRS, or the Social Security Administration. If you include in this affidavit of support any information that you know to be false, you may be liable for criminal prosecution under the laws of the United States.
If you fail to give notice of your change of address, as required by 8 U.S.C. 1183a(d) and 8 CFR 213a.3, you may be liable for the civil penalty established by 8 U.S.C. 1183a(d)(2). The amount of the civil penalty will depend on whether you failed to give this notice because you were aware that the immigrant(s) you sponsored had received Federal, state, or local means-tested public benefits.
If the failure to report your change of address occurs with knowledge that the sponsored immigrant received means-tested public benefits (other than benefits described in section 401(b), 403(c)(2), or 4ll(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which are summarized in the contract in Part 8. Sponsor’s Contract, Statement, Contact Information, Certification, and Signature of Form I-864) such failure may result in a fine of not less than $2,000 or more than $5,000. Otherwise, the failure to report your change of address may result in a fine not less than $250 or more than $2,000.
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Pages 11-12, USCIS Privacy Act Statement |
[Page 11]
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.
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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.
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USCIS Privacy Act Statement
AUTHORITIES: The information requested on this affidavit, and the associated evidence, is collected under the Immigration and Nationality Act, section 213A(i).
PURPOSE: The primary purpose for providing the requested information on this affidavit is to show that the applying immigrant has enough financial support to live without concern of becoming reliant on U.S. Government welfare.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision in your case or result in denial of your affidavit. INA section 213A(i) 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: DHS may share the information you provide on this affidavit with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS-USCIS-007 - Benefits Information System and DHS-USCIS-001- Alien File, Index, and National File Tracking System of Records] which you can find at www.dhs.gov/privacy. DHS may also share the information, 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. Sponsor’s Contract, Statement, Contact Information, Certification, and Signature of Form I-864.
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Page 12, Paperwork Reduction Act |
[Page 12]
Paperwork Reduction Act
An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting 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 Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140. OMB No. 1615-0075. Do not mail your completed Form I-864 affidavit to this address.
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Paperwork Reduction Act
An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information, unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 6 hours per response, including the time for reviewing instructions, gathering the required documentation and information, completing the affidavit, preparing statements, attaching necessary documentation, and submitting the affidavit. 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 Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0075. Do not mail your completed Form I-864 to this address.
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Page 13, Check List |
[Page 13]
Check List
The following items must be submitted with Form I-864:
For ALL sponsors:
A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent 3 tax years, pay stub(s) from the most recent 6 months, and/or a letter from your employer if you believe any of these items will help you qualify.
For SOME sponsors:
If you are currently self-employed, a copy of your Schedule C, D, E or F from your most recent Federal Tax Return which establishes your income from your business.
If you are sponsoring more than one intending immigrant listed on the same affidavit of support, photocopies of the original affidavit of support may be submitted for any additional intending immigrants listed. Copies of supporting documentation are not required for these family members.
If you are the petitioning sponsor and on active duty in the U.S. Armed Forces and are sponsoring your spouse or child using 100 percent of governing poverty guideline, proof of your active military status.
If you are using the income of persons in your household or dependents to qualify,
A separate Form I-864A for each person whose income you will use. However, an intending immigrant whose income is being used needs to complete Form I-864A only if his or her spouse and/or children are immigrating with him or her.
Proof of their residency in your household and relationship to you if they are not the intending immigrants or are not listed as dependents on your Federal income tax return for the most recent tax year.
Proof that the intending immigrant's current employment will continue from the same source if his or her income is being used.
A copy of their individual Federal income tax return, including W-2s and 1099s, for the most recent tax year, or evidence that they were not required to file. You may submit this information for the most recent 3 years if you believe it will help you qualify.
If you use your assets or the assets of a household member to qualify,
Documentation of assets establishing location, ownership, date of acquisition and value. Evidence of any liens or liabilities against these assets.
A separate Form I-864A for each household member using assets other than for the intending immigrant.
If you are a joint sponsor, substitute sponsor, or the relative of an employment-based immigrant requiring an affidavit of support, proof of your citizenship status, U.S. national status or lawful permanent resident status.
For U.S. citizens or nationals, a copy of your birth certificate, passport, or certificate of naturalization or citizenship.
For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card.
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Checklist
The following items must be submitted with Form I-864:
For ALL sponsors:
□ A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.
For SOME sponsors:
□ If you are currently self-employed, a copy of your Schedule C, D, E, or F from your most recent Federal income tax return which establishes your income from your business.
[no change]
□ If you are the petitioning sponsor and on active duty in the U.S. Armed Forces or U.S. Coast Guard and are sponsoring your spouse or child using 100 percent of the Federal Poverty Guidelines, proof of your active military status.
□ If you are using the income of persons in your household or dependents to qualify, a separate Form I-864A for each person whose income you will use. However, an intending immigrant whose income is being used needs to complete Form I-864A only if his or her spouse and/or children are immigrating with him or her.
[no change]
[no change]
□ A copy of their individual Federal income tax return, including W-2s and 1099s, for the most recent tax year, or evidence that they were not required to file. You may submit this information for the most recent three years if you believe it will help you qualify.
□ If you use your assets or the assets of a household member to qualify, documentation of assets establishing location, ownership, date of acquisition, and value. Evidence of any liens or liabilities against these assets.
[no change]
If you are a joint sponsor, substitute sponsor, or the relative of an employment-based immigrant requiring an affidavit of support, proof of your citizenship status, lawful permanent resident status, or U.S. national status.
For U.S. citizens or U.S. nationals, a copy of your birth certificate, passport, or certificate of naturalization or citizenship.
[no change]
If your legal guardian is signing this Form I-864 for you, the legal guardian must present:
□ Proof of the appointment as legal guardian of your estate; and
□ A copy of an order from the appointing court or agency specifically permitting the legal guardian to make your income and assets available for the support of the sponsored immigrant.
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | TABLE OF CHANGE – FORM I-687 |
| Author | jdimpera |
| File Modified | 0000-00-00 |
| File Created | 2021-01-25 |