Affidavit of Support Under Section 213A of the Act

TABLE OF CHANGES – INSTRUCTIONS

Form I-864EZ, Affidavit of Support Under Section 213A of the INA

OMB Number: 1615-0075

07/31/2019

Reason for Revision: Public Charge Rulemaking.

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Current Page Number and Section	Current Text	Proposed Text
Pages 1-2, How Is Form I-864EZ Used?	[Page 1] How Is Form I-864EZ Used? This affidavit is a contract between a sponsor and the U.S. Government. The person completing and signing this affidavit is the sponsor. By signing Form I-864EZ, you are agreeing to use your income and resources to support the intending immigrant named in this affidavit, if it becomes necessary. You must show on this affidavit that you have enough income to ensure that the sponsored immigrant will not have to rely on means-tested public benefits for support in the United States. In most cases, the submission of this affidavit will make the sponsored immigrant ineligible for Federal, state, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your income and resources available to the sponsored immigrant in determining eligibility for the program. If the immigrant sponsored in this affidavit does receive a Federal, state, or local means-tested public benefit, the agency providing the benefit may require you to repay the cost of those benefits. That agency can sue you if you do not repay the cost of the benefits provided. 1. Who Is Required to File Form I-864W Instead of Form I-864 or Form I-864EZ? The following types of intending immigrants must properly complete and submit Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support, instead of a Form I-864 or Form I-864EZ: A. An intending immigrant who has received, or can receive credit for 40 quarters of work. The Social Security Administration can provide information on how to count and provide evidence of quarters of work; B. An intending immigrant who will, upon admission, acquire U.S. citizenship under the Immigration and Nationality Act (INA) section 320, as amended by the Child Citizenship Act of 2000 (CCA); and C. A self-petitioning widow(er) or qualifying battered spouse or child. [Page 2] 2. Who Completes Form I-864EZ? Only the U.S. citizen, lawful permanent resident, or U.S. national who filed Form I-130 for a family member, may complete this affidavit. A sponsor is required to be at least 18 years of age and domiciled in the United States, its territories, or possessions. (See the Specific Instructions section of these Instructions.) 3. What Are the Income Requirements? To qualify as a sponsor, you must demonstrate that you have an income of 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, at www.uscis.gov/I-864P. If you are on active duty in the U.S. Armed Forces or U.S. 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 Guidelines for your household size. 4. How Do I Count Household Size? Your household size includes yourself and the following individuals, no matter where they live: A. Any spouse; B. Any dependent children under 21 years of age; C. Any other dependents listed on your most recent Federal income tax return; D. The person being sponsored in this affidavit of support; and E. Any immigrants previously sponsored with a Form I-864 or Form I-864EZ affidavit of support whom you are still obligated to support. 5. How Long Does My Obligation as a Sponsor Continue? Your obligation to support the immigrant you are sponsoring in this Form I-864EZ will continue until the sponsored immigrant becomes a U.S. citizen, or can receive credit for 40 qualifying quarters of work in the United States. Although 40 qualifying quarters (credits) of work generally equates to 10 years of work, in certain cases, the work of a spouse or parent adds qualifying quarters toward eligibility. 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.	[Page 1] How Is Form I-864EZ Used? This affidavit is a contract between a sponsor and the U.S. Government. The person completing and signing this affidavit is the sponsor. By signing Form I-864EZ, you are agreeing to use your income and resources to support the intending immigrant named in this affidavit, if it becomes necessary. You must show on this affidavit that you have enough income to ensure that the sponsored immigrant will not have to rely on means-tested public benefits for support in the United States. In most cases, the submission of this affidavit will make the sponsored immigrant ineligible for Federal, state, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your income and resources available to the sponsored immigrant in determining eligibility for the program. If the immigrant sponsored in this affidavit does receive a Federal, state, or local means-tested public benefit, the agency providing the benefit may require you to repay the cost of those benefits. That agency can sue you if you do not repay the cost of the benefits provided. [Delete] [Page 2] 1. Who Completes Form I-864EZ? Only the U.S. citizen, lawful permanent resident, or U.S. national who filed Form I-130 for a family member, may complete this affidavit. A sponsor is required to be at least 18 years of age and domiciled in the United States, its territories, or possessions. (See the Specific Instructions section of these Instructions.) 2. What Are the Income Requirements? To qualify as a sponsor, you must demonstrate that you have an income of 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, at www.uscis.gov/I-864P. If you are on active duty in the U.S. Armed Forces or U.S. 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 Guidelines for your household size. 3. How Do I Count Household Size? Your household size includes yourself and the following individuals, no matter where they live: A. Any spouse; B. Any dependent children under 21 years of age; C. Any other dependents listed on your most recent Federal income tax return; D. The person being sponsored in this affidavit of support; and E. Any immigrants previously sponsored with a Form I-864 or Form I-864EZ affidavit of support whom you are still obligated to support. 4. How Long Does My Obligation as a Sponsor Continue? Your obligation to support the immigrant you are sponsoring in this Form I-864EZ will continue until the sponsored immigrant becomes a U.S. citizen, or can receive credit for 40 qualifying quarters of work in the United States. Although 40 qualifying quarters (credits) of work generally equates to 10 years of work, in certain cases, the work of a spouse or parent adds qualifying quarters toward eligibility. 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.

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