TABLE OF CHANGES – INSTRUCTIONS
Form I-864, Affidavit of Support Under Section 213A of the INA
OMB Number: 1615-0075
Reason for Revision: Affidavit of Support NPRM Project Phase: DHSReview
Legend for Proposed Text:
Expires 03/31/2020 Edition Date 03/06/2018 |
Current Page Number and Section |
Current Text |
Proposed Text |
Page 1, What is the Purpose of Form I-864? |
[Page 1]
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.
|
[Page 1]
What is the Purpose of Form I-864?
This affidavit is required for most family-based intending immigrants and some employment-based intending immigrants to show that they have adequate means of financial support and are not inadmissible on the public charge ground.
|
Page 1, How is Form I-864 Used? |
[Page 1]
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 immigrants 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 immigrants 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.
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 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, Declaration, Certification, and Signature of Form I-864 for a list of benefits explicitly not considered means-tested public benefits.
|
[Page 1]
How is Form I-864 Used?
This affidavit is a contract between a sponsor and the U.S. Government. Executing 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 immigrants 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 immigrants named in this affidavit, if it becomes necessary.
Executing this affidavit may make the sponsored immigrant ineligible for certain 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.
If the immigrant sponsored in this affidavit does receive a means-tested public benefit while the obligations of this affidavit are in effect, the agency providing the benefit may request that you repay the cost of the benefit. That agency can sue you if the cost of the benefit provided is not repaid.
Not all benefits are 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 9. Sponsor’s Contract, Statement, Contact Information, Declaration, Certification, and Signature of Form I-864 for a list of benefits explicitly not considered means-tested public benefits.
|
Page 1, Who Needs to Submit Form I-864? |
[Page 1]
Who Needs to Submit Form I-864?
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 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.
|
[Page 1]
Who Needs to Submit Form I-864?
The following immigrants are required by law to submit Form I-864 executed by the petitioner to obtain an immigrant visa overseas or to adjust status to that of a lawful permanent resident in the United States:
[no change]
|
Page 1, Are There Exceptions to Who Needs to Submit Form I-864? |
[Page 1]
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:
[Page 2]
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 website at https://www.ssa.gov/myaccount/ for more information;
2. Any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration and Nationality Act (INA), as amended by 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.
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.
|
[Page 1]
Are There Exceptions to Who Needs to Submit Form I-864?
See the Form I-485, Application to Register Permanent Residence or Adjust Status, for information on intending immigrants who do not need to submit this form.
If you have applied for an immigrant visa with the U.S. Department of State, see www.travel.state.gov for information about whether you need to file Form I-864.
Certain adoptees that file a Form I-600 or a Form I-800 also may be exempt from filing Form I-864.
See also 8 C.F.R. 213(a)(2) for more information on intending immigrants who do not need to submit this form.
[deleted] |
Page 2, General Instructions |
[Page 2]
General Instructions
…
[Page 3]
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.
|
[Page 2]
General Instructions
…
[Page 3]
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 12. 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.
|
Pages 3-11, Specific Instructions |
[Page 3]
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 and indicate your relationship to the beneficiary in the space provided.
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. Indicate the name of the business you have an ownership interest in, and your relationship to the beneficiary in the spaces provided.
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.
[Page 4]
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.
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 lawful 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 Numbers 1.a. - 1.c. Name. Provide the full name of the principal immigrant.
Item Numbers 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 Online Account Number (if any). If you have previously filed an application, petition, or request using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications, petitions, or requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the space provided. The USCIS Online Account Number is not the same as an A-Number.
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 4.a. - 28. and (if applicable) in Part 11. Additional Information, and not the principal immigrant listed in Part 2. This only applies if you are sponsoring family members in Part 3. and Part 11. Additional Information, as the second joint sponsor.
[Page 5]
Item Number 2. Family Members Immigrating Within Six Months. The immigrant you are sponsoring (the principal immigrant) may bring a spouse and/or children to the United States. If the spouse and/or children will travel with the principal immigrant, or within six months of the principal 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 in Item Number 2. If any dependents are not immigrating, will immigrate more than six months after the principal immigrant arrives in the United States, or you are not sponsoring them, then do not list their names here. A separate Form I-864 is required for them when they apply for their immigrant visas.
Item Numbers 4.a. - 28. Family Members Immigrating More Than Six Months After the Principal Immigrant. If you are filing this Form I-864 for the principal immigrant’s family members who are immigrating more than six months after the principal immigrant, you should list the names and other requested information in the spaces provided in Item Numbers 4.a. - 28.
Item Number 29. Type or print the total number of immigrants you are sponsoring on this affidavit from Item Numbers 1.a. - 28., including any immigrants listed for these questions in Part 11. Additional Information.
…
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 immigrants 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.
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 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 Online Account Number (if any). If you (the sponsor) have previously filed an application, petition, or request using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications, petitions, or requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the space provided. The USCIS Online Account Number is not the same as an A-Number.
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.
[Page 7]
…
Item Number 6. Type or print 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 type or print the number in the space provided. If you or someone else is completing Form I-864 on a computer, this box will auto-populate.
[New]
Part 6. Sponsor’s Employment and Income
Item Numbers 1. - 6. 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 7. Current Individual Annual Income. Type or print 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.
[Page 8]
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 Numbers 8. - 22. Current Annual Household Income. This section is used to determine the sponsor’s household income. If your individual annual income listed in Item Number 7. 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 other 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 8. - 19., 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. 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 a lawful 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.
NOTE: If you have listed additional household members in Part 11. Additional Information, you must include their income and information when answering Item Numbers 20. - 22. when applicable.
Item Numbers 23.a. - 25. 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.
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.
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 2. 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.
[Page 9]
As stated previously, you must submit an IRS transcript or copy of your Federal individual income tax return for the most recent tax year. If you choose to rely on income from the three most recent tax years, you must submit an IRS transcript or copy of your Federal individual income tax return. If you were required to file a Federal income tax return for that tax year but did not do so, you must file all late returns with the IRS and attach an IRS transcript or copy of your late return and submit it with Form 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 in Item Numbers 24.a. - 24.c. Follow all instructions for completing and filing Form 4506-T with the IRS.
NOTE: Do not leave the boxes for Item Number 24.a. blank. Type or print the most recent tax year and your total income for that most recent tax year. If the amount was zero, type or print “zero” or if you were not required to file a Federal income tax return type or print “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 in 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 in Part 5., Item Number 8.), you do not need to complete Part 7. 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 immigrants. 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, 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.
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.
[Page 10]
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 type or print 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 child age 18 years of age or older, 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 legal 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.
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.
Part 8. Sponsor’s Contract, Statement, Contact Information, Declaration, 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 whether you read this affidavit yourself or whether you had an interpreter assist you. If someone assisted you in completing the affidavit, select the box indicating that you used a preparer. 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 affidavit 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. - 7.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, his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must sign and date the affidavit.
Part 10. Contact Information, Declaration, 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 complete 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, and his or her representation extends beyond preparation of this affidavit, he or she may be obliged to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative or G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States, along with your affidavit.
[Page 11]
Part 11. Additional Information
Item Numbers 1.a. - 7.d. 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. Type or print 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. |
[Page 3]
Specific Instructions
Part 1. Basis for Filing Form I-864
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.
[no change]
[Page 4]
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.
Item Number 1.f. Select this box if you are the substitute sponsor. A substitute sponsor is a sponsor who is executing Form I-864 on behalf of an intending immigrant whose Form I-130 petitioner died after the Form I-130 was approved, but before the intending immigrant obtained lawful permanent residence status. 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 immigrant petition.
[no changes]
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 4.a. - 28. and (if applicable) in Part 12. Additional Information, and not the principal immigrant listed in Part 2. This only applies if you are sponsoring family members in Part 3. and Part 12. Additional Information, as the second joint sponsor.
[Page 5]
Item Number 2. Family Members Immigrating Within Six Months. The immigrant you are sponsoring (the principal immigrant) may bring a spouse and/or children to the United States. If the spouse and/or children will travel with the principal immigrant, or within six months of the principal 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 in Item Number 2. If any dependents are not immigrating, will immigrate more than six months after the principal immigrant arrives in the United States, or you are not sponsoring them, then do not list their names here. A separate Form I-864 is required for them when they apply for their immigrant visas.
Item Numbers 4.a. - 28. Family Members Immigrating More Than Six Months After the Principal Immigrant. If you are executing this Form I-864 for the principal immigrant’s family members who are immigrating more than six months after the principal immigrant, you should list the names and other requested information in the spaces provided in Item Numbers 4.a. - 28.
Item Number 29. Type or print the total number of immigrants you are sponsoring on this affidavit from Item Numbers 1.a. - 28., including any immigrants listed for these questions in Part 12. Additional Information.
...
Item Number 10. U.S. Social Security Number (Required). The Immigration and Nationality Act (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 executing Form I-864. If you do not provide your information, USCIS cannot accept your Form I-864, and the intending immigrants 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.
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 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 Online Account Number (if any). If you (the sponsor) have previously filed an application, petition, or request using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications, petitions, or requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the space provided. The USCIS Online Account Number is not the same as an A-Number.
Item Number 14. Military Service. Select “Yes” if you are the 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 and you are sponsoring 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.
[Page 7]
[No change]
Item Number 6. Type or print the number of lawful permanent residents for whom you have executed Form I-864, Form I-864A, or Form I-864EZ, and for whom the support obligation has not ended. 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 grant of adjustment of status on a new basis while in removal proceedings based on a new affidavit of support, if one is required.
[deleted]
Item Number 7. Household Size. Add together Part 5., Item Numbers 1. - 6. and type or print 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. Previously Executed Form I-864, Form I-864EZ, or Form I-864A
Item Number 1. Select “Yes” if you have executed Form I-864, Form I-864EZ, or Form I-864A for any individuals other than the intending immigrant listed on this form. Select “No” if you have never executed Form I-864, Form I-864EZ, or Form -864A on behalf of any other individual.
Item Number 2. If you selected “Yes” to Part 6., Item Number 1., type or print the total number of individuals for whom you have previously submitted Form I-864, Form I-864EZ, or Form I-864A and for whom your sponsorship has not ended. Include all immigrants for whom you have executed Form I-864, Form I-864EZ, or Form I-864A who have been approved for lawful permanent residence status including those whose Form I-864, Form I-864EZ, or Form I-864A is still pending.
NOTE: Your support obligation has ended for a sponsored immigrant if:
1. The individual became a United States citizen;
2. The individual is currently a lawful permanent resident that has worked or can be credited with 40 qualifying quarters of coverage;
3. The individual abandoned or lost his or her lawful permanent resident status;
4. The individual is deceased;
5. You are deceased; or
6. The individual is obtaining a new grant of adjustment of status while in removal proceedings based on a new affidavit of support, if one is required.
Item Numbers 3a. - 8. Sponsored Individuals. If you have sponsored any other individuals using Form I-864, Form I-864EZ, or have previously executed a Form I-864A, you should list the names and other requested information in the spaces provided in Item Numbers 3.a. - 8.
Item Number 9. Indicate whether or not you have had to reimburse an agency for any means-tested public benefits issued to a sponsored immigrant as part of your support obligation as a sponsor or household member. If you answer “Yes,” indicate the name of the agency and the amount you were required to reimburse in Part 12. Additional Information. Attach evidence that you have fully reimbursed the agency with the amount owed.
Item Number 10. Indicate whether or not you have had a judgment entered against you for failing to fulfill your support obligation under Form I-864, Form I-864EZ, or Form I-864A. If you answer “Yes,” provide a certified copy of the judgment against you.
Part 7. Sponsor’s Employment and Income
Item Numbers 1. - 6. Sponsor’s Employment. Select all the boxes that apply to you. You, as the sponsor, may not rely on any income accrued or earned from unlawful enterprises or unlawful activities, such as proceeds from illegal gambling or drug sales, to meet the income requirement even if federal income taxes were paid on that income.
Item Number 7. Current Individual Annual Income. Type or print 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.
[Page 8]
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 Numbers 8. - 16. Sponsor’s Income. This section is used to determine the sponsor’s household income. If your individual annual income listed in Item Number 7. is greater than 125 percent (or 100 percent if you are on active duty in the U.S. Armed Forces and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from Part 5., Item Number 7., you do not need to include any other 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 7., Item Numbers 8. - 13., follow the instructions below.
1. If you included the income of your spouse listed in Part 5., Item Number 3., he or she must be over 18 years of age and must execute 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. He or she does not need to execute 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 a lawful 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 execute Form I-864A, unless he or she has an accompanying spouse or children.
NOTE: If you have listed additional household members in Part 12. Additional Information, you must include their income and information when answering Item Numbers 14. - 16. when applicable.
Item Numbers 17 - 19. Federal Income Tax Return Information. You must provide either Internal Revenue Service (IRS)-issued certified copies or transcripts of your Federal individual income tax return for the three most recent taxable years. Photocopies are not acceptable.
[deleted]
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.
[deleted]
If you selected Part 7., Item Number 4. 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.
[Page 9]
As stated previously, you must submit IRS-issued certified copies or transcripts of your Federal individual income tax return for the three most recent tax years. If you were required to file a Federal income tax return for that tax year but did not do so, you must file all late returns with the IRS and attach an IRS-issued certified copy or transcript of your late return and submit it with Form 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, or Form 4506 to request certified copies of your tax returns. Complete IRS Form 4506-T or IRS Form 4506 with the ending date for each of your three most recent tax years listed in Item Numbers 18.a. - 18.c. Follow all instructions for completing and filing Form 4506-T or Form 4506 with the IRS.
NOTE: Do not leave the boxes for Item Number 18.a. blank. Type or print the most recent tax year and your total income for that most recent tax year. If the amount was zero, type or print “zero” or if you were not required to file a Federal income tax return type or print “N/A” for not applicable.
Item Numbers 20.a. - 25. Sponsor’s Bank Account Information. Provide the account type, name(s) of all account holders, the name of the banking institution, the number of the checking or savings account, and the corresponding routing number for the account that you are using to establish your financial eligibility.
Item Number 26. Means-Tested Public Benefits Information. Indicate whether or not you have received any means-tested public benefits within the 36-month period before executing this Form I-864. A means-tested public benefit is any public benefit funded in whole or in part by funds provided by the Federal Government that has been determined to be a Federal means-tested public benefit under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, or any public benefit for which no Federal funds are provided that a state, state agency, or political subdivision of a state has determined to be a means-tested public benefit. No benefit shall be considered to be a means-tested public benefit if it is a benefit described in sections 401(b), 411(b), 422(b) or 423(d) of Public Law 104-193.
NOTE: If you are the petitioning sponsor and have received any means-tested public benefits within 36 months of executing this Form I-864, the intending immigrant will be required to file a Form I-864 executed by a joint sponsor to avoid being found inadmissible under section 212(a)(4) of the INA. This requirement to have a joint sponsor execute a Form I-864 due to receipt of means-tested public benefits, only applies to means-tested public benefits that you, the petitioning sponsor, received on or after [EFFECTIVE DATE OF RULE].
This requirement to have a joint sponsor execute a Form I-864 due to receipt of means-tested public benefits also does not apply to an intending immigrant if the petitioning sponsor who received means-tested public benefits within 36 months of executing this Form I-864 is on active duty (other than active duty for training) in the U.S. Armed Forces, and is sponsoring his or her spouse or child under section 204 of the INA .
Item Number 27. Credit Report and Credit Score. You must provide a copy of a U.S. credit report and credit score generated within the last 12 months prior to the date of submission, if available, with your Form I-864.
You can obtain a free credit report once a year under the Fair Credit Reporting Act from each one of the three nationwide credit reporting agencies, Equifax, Experian, and TransUnion. You are only required to provide one credit report from any of the three nationwide credit reporting agencies. See https://www.usa.gov/credit-reports for more information.
If there are any errors in your credit report, you should provide evidence from the nationwide credit reporting agency that demonstrates that you reported the error and that the error is under investigation or has been resolved. If you have any negative history in your credit report, you may provide an explanation in the designated area of this form. Negative credit history may include delinquent accounts, debt collections, charge-offs (delinquent accounts deemed unlikely to be collected), repossession, foreclosure, judgments, tax liens, or bankruptcy on your credit report.
If you do not have a credit report or credit score, provide documentation that demonstrates that you do not have a credit report or score with a credit bureau. You may provide evidence of continued payment of bills if there is no credit report or credit score.
Part 8. Use of Assets to Supplement Income (Optional)
Only complete Part 8. if you need to use the value of assets to meet the income requirements. If your Current Annual Household Income (indicated in Part 7., Item Number 14.) 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 in Part 5., Item Number 7.), you do not need to complete Part 8. 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 your spouse who, is not the intending immigrant provided he or she executes a Form I-864A. 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 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, 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.
Item Numbers 1. - 4. Assets. To use your own assets, you must complete Part 8., 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 your spouse, your spouse must reside with you and have executed a Form I-864A with accompanying evidence of assets. Form I-864A and accompanying evidence of assets is submitted with Form I-864.
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 type or print 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 child age 18 years of age or older, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is an orphan or Convention adoptee who is considered to be coming to the United States for adoption, 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 your spouse who executes 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.
Part 9. Sponsor’s Contract, Statement, Contact Information, Declaration, 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 whether you read this affidavit yourself or whether you had an interpreter assist you. If someone assisted you in completing the affidavit, select the box indicating that you used a preparer. 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 affidavit 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 10. Interpreter’s Contact Information, Certification, and Signature
Item Numbers 1.a. - 7.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, his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must sign and date the affidavit.
Part 11. Contact Information, Declaration, 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 10. and Part 11. 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 complete 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, and his or her representation extends beyond preparation of this affidavit, he or she may be obliged to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative or G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States, along with your affidavit.
[Page 11]
Part 12. Additional Information
Item Numbers 1.a. - 7.d. If you need extra space to provide any additional information within this affidavit, use the space provided in Part 12. Additional Information. If you need more space than what is provided in Part 12., you may make copies of Part 12. to complete and file with your affidavit, or attach a separate sheet of paper. Type or print 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. |
Pages 11-14, Specific Requirements |
[Page 11]
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, 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 website 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 Guidelines for your household size. This provision does not apply to joint or substitute sponsors.
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 immigrants.
[Page 12]
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:
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 immigrants; 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 immigrants 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.
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.
[Page 13]
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 legal 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 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 printed 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.
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.
[Page 14]
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.
|
[Page 11]
Specific Requirements
Who Executes Form I-864?
A sponsor executes 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 execute Form I-864, even if a joint sponsor also executes an I-864 to meet the income requirement. The list below identifies who must become sponsors by executing 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, 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 annual 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 website at www.uscis.gov.
If you are on active duty (other than active duty for training) 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 Guidelines for your household size. This provision does not apply to joint sponsors and substitute sponsors. Joint sponsors and substitute sponsors are subject to the 125 percent income requirement.
If you have received any means-tested public benefits within 36 months of executing this Form I-864, you will be considered unable to meet the income requirements of a sponsor under section 213A(f)(6) of the INA. If you are the petitioning sponsor or substitute sponsor, you are still required to execute a Form I-864, but the intending immigrant will be required to submit an additional Form I-864, executed by a joint sponsor who has not received any means-tested public benefits within 36 months of executing that Form I-864, to avoid being found inadmissible under section 212(a)(4) od the INA.
Note: Only means-tested public benefits received on or after [EFFECTIVE DATE OF RULE] are subject to this requirement.
If you have previously defaulted on any support or reimbursement obligation, as shown by a court judgment requiring you to repay a means-tested public benefit used by a sponsored immigrant during the period in which your support obligation was in effect, you will be considered unable to meet the income requirements for this Form I-864. If you are the petitioning sponsor or substitute sponsor, you are still required to execute a Form I-864, but the intending immigrant will be required to submit an additional Form I-864 executed, by a joint sponsor who has not received any means-tested benefits on or after [EFFECTIVE DATE OF RULE] within 36 months of executing that Form I-864, to avoid being found inadmissible under section 212(a)(4) of the INA.
How Do I Count My Household Size?
Your household size includes yourself and the following individuals, no matter where they live: your spouse, any dependent children under 21 years of age, any other dependents listed on your most recent Federal income tax return, all intending immigrants being sponsored on this Form I-864, any individuals for whom you executed a Form I-864, Form I-864EZ, or Form I-864A that are not yet in effect, and any immigrants for whom you executed a Form I-864, Form I-864EZ, or Form I-864A and your support obligation remains in effect.
[Page 12]
What if I Cannot Meet the Income Requirements?
If your income alone is not sufficient to meet the income 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:
1. Income from your spouse who executed Form I-864A;
2. Income from the intending immigrant who executed Form I-864A, 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 your spouse if he or she has executed Form I-864A, or the assets of the intending immigrants; or
4. A joint sponsor who executed a separate Form I-864 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 if he or she executes Form I-864A and is willing to be jointly responsible with you for the intending immigrants you are sponsoring.
The income of your spouse can be used to help you meet the income requirements if they execute Form I-864A, and if your spouse is at least 18 years of age when he or she executes Form I-864A.
Can the Intending Immigrant Help Me Meet the Income Requirements?
If certain conditions are met, an intending immigrant’s income can be counted to 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 accrued or earned from employment in a lawful enterprise or other lawful source and from employment that is authorized under 8CFR 274a.12 and will continue 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 execute Form I-864A unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the Form I-864 relates to support for the spouse and/or children.
Does Receipt of Means-Tested Public Benefits Disqualify Me From being a Sponsor?
Not necessarily. Receipt of means-tested public benefits does not disqualify you from being a petitioning sponsor or substitute sponsor, but you cannot include means-tested public benefits as income for the purposes of meeting the income requirements. Additionally, unless you are a sponsor on active duty in the U.S. Armed Forces sponsoring a spouse or child, if you have received any means-tested public benefits within the last 36 months of executing this Form I-864, the intending immigrant will be found inadmissible under section 212(a)(4) of the INA unless the intending immigrant submits a separate Form I-864 executed by a joint sponsor who has not received any means-tested public benefits within 36 months of executing that Form I-864. Receipt of means-tested public benefits within the last 36 months will, however, disqualify you from being a joint sponsor.
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.
[Page 13]
What is a Joint Sponsor?
If the petitioning sponsor cannot meet the income requirements, a joint sponsor who can meet the requirements independently may execute 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 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 executes 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 execute a 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 three most recent tax years with supporting tax documents unless otherwise not required to file a Federal income tax return for the three most recent tax years.
What Is a Substitute Sponsor?
A substitute sponsor is a sponsor who is executing 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 legal 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 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 printed 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.
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 Execute a Separate Affidavit for Each Family Member?
You must execute 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.
[Page 14]
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.
|
Page 14, Address Change |
[Page 14]
Address Change
A sponsor who is not a U.S. citizen must notify USCIS of his or her new address within 10 days of moving from his or her previous residence. 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 website 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 DOS, see www.travel.state.gov.
[moved up from below]
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 website 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 the USCIS Lockbox facilities because the Lockbox does not process change of address requests.
|
[Page 14]
Address Change
If you are a sponsor who is not a U.S. citizen or U.S. national, you must notify USCIS of your new address within 30 days of moving from your previous residence. To do this you must complete and file Form I-865, Notice of Change of Address for Sponsors and Household Members.
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 website 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.
If you are a sponsor who is a U.S. citizen or a U.S. national, you must notify USCIS of your new address within 30 days of moving from your previous address. To do this, you must complete and file Form I-865, Notice of Change of Address for Sponsors and Household Members. For information on filing a change of address go to the USCIS website 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 DOS, 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.
[moved up]
NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the Lockbox does not process change of address requests.
|
Page 15, Penaties |
[Page 15]
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 provide 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 provide this notice because you were aware that the immigrants 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 Part 8. Sponsor’s Contract, Statement, Contact Information, Declaration, 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.
|
[Page 15]
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 provide 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 provide this notice because you were aware that the immigrants 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 Part 9. Sponsor’s Contract, Statement, Contact Information, Declaration, 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.
|
Pages 15-16, USCIS Privacy Act Statement |
[Page 15]
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.
PURPOSE: The primary purpose for providing the requested information on this affidavit is to show that the applying immigrant has adequate means of financial support without concern of becoming reliant on the U.S. Government for financial support. DHS will use the information you provide to grant or deny the immigration benefit you are seeking.
[Page 16]
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 affidavit, 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, 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.
|
[Page 15]
DHS Privacy Notice
AUTHORITIES: The information requested on this affidavit, and the associated evidence, is collected under the Immigration and Nationality Act (INA) sections 212(a)(4) and 213A.
PURPOSE: The primary purpose for providing the requested information on this affidavit is for you, the sponsor, to demonstrate that you meet the eligibility requirements to execute this contract between a sponsor and the U.S. government that imposes on the sponsor, a legally enforceable obligation to support to support a sponsored alien until the obligation terminates. An alien applicant who fails to submit a sufficient Affidavit of Support Under Section 213A of the INA, when statutorily required, will be found inadmissible under INA section 212(a)(4). DHS uses the information you provide as part of determining whether or not the adjustment of status applicant or the immigrant visa applicant you are sponsoring is eligible for the immigration benefit.
[Page 16]
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number (if applicable), and any requested evidence, may delay a decision on whether the affidavit is found sufficient to meet the requirements of INA section 213A, and may result in the affidavit being found insufficient.
ROUTINE USES: DHS may share the information you provide on this affidavit and any additional requested evidence 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-001 – Alien File, Index, and National File Tracking System, DHS-USCIS-007 - Benefits Information System, DHS-USCIS-018 – Immigration Boimetric and Background (IBBC) System,] and the published privacy impact assessments [DHS/USCIS/PIA-016a Computer Linked Application Information Management System and DHS/USCIS/PIA-056 Electronic Immigration System] 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.
|
Page 16, Paperwork Reduction Act |
[Page 16]
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 Office of Management and Budget (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.
|
[Page 17]
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 Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 6.5 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.
|
Pages 16-17, Checklist |
[Page 16]
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.
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 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.
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.
[Page 17]
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 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.
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 U.S. 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.
For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card.
If your legal guardian is signing this Form I-864 for you, the legal guardian must present:
Proof of an 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.
|
[Page 16]
Checklist
The following items must be submitted with Form I-864:
For ALL sponsors:
IRS-issued certified copies or transcripts of your individual Federal income tax return for the three most recent tax years, 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 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.
A copy of a U.S. credit report and credit score generated within the last 12 months prior to the date of submission, if available, with your Form I-864, or a credit agency report that demonstrates that you do not have a credit report or score.
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.
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 sponsor and on active duty (other than active duty for training) in the U.S. Armed Forces 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 your spouse to qualify, and your spouse is not the intending immigrant, an executed Form I-864A.
If you are using the income of the intending immigrant to qualify and the intending immigrant has accompanying family members, an executed Form I-864A.
[deleted]
[Page 17]
Proof that the intending immigrant’s current employment will continue from the same source if his or her income is being used.
IRS-issued certified copies or transcripts of their individual Federal income tax return for the three most recent tax years, or evidence that they were not required to file.
If you use your assets or the assets of your spouse or the intending immigrant 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 your spouse if 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 U.S. 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.
For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card.
If your legal guardian is signing this Form I-864 for you, the legal guardian must present:
Proof of an 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.
|
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Kim, Andrew I |
| File Modified | 0000-00-00 |
| File Created | 2021-01-11 |