Homepage Blank USCIS I-864 Form
Contents

The USCIS I-864 form, also known as the Affidavit of Support, plays a crucial role in the immigration process for many individuals intending to become permanent residents of the United States. This form is designed to demonstrate that the applicant has adequate financial support, reducing the likelihood of needing public assistance. Typically filled out by a sponsor—who is often a family member—the I-864 requires sponsors to provide detailed information about their income and household size. The aim is to prove that the sponsor can financially support the immigrant for a specific period, ensuring that the immigrant will not become reliant on government benefits. Additionally, the form includes various requirements regarding the sponsor’s status and financial capabilities, and it obligates the sponsor to maintain a certain income level based on federal poverty guidelines. Understanding each aspect of this form is essential for both sponsors and applicants, as errors or omissions can lead to delays or denials in the immigration process.

Sample - USCIS I-864 Form

Affidavit of Support Under Section 213A of the INA

USCIS

Form I-864

Department of Homeland Security

OMB No. 1615-0075

U.S. Citizenship and Immigration Services

Expires 10/31/2021

For

USCIS

Use

Only

Affidavit of Support Submitter

Petitioner

1st Joint Sponsor

2nd Joint Sponsor

Substitute Sponsor

5% Owner

Section 213A Review

MEETS

DOES NOT MEET

requirements

requirements

 

 

 

 

 

Reviewed By:

 

 

 

Office:

 

 

 

 

Date (mm/dd/yyyy):

Number of Support Affidavits in File

1

2

Remarks

To be completed by an

Select this box if

 

Attorney State Bar Number

 

 

Attorney or Accredited Representative

 

Form G-28 or

 

(if applicable)

 

 

USCIS Online Account Number (if any)

 

attorney or accredited

 

 

 

 

G-28I is attached.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

representative (if any).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

START HERE - Type or print in black ink.

Part 1. Basis For Filing Affidavit of Support

I,

 

,

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

1.a.

I am the petitioner. I filed or am filing for the

 

immigration of my relative.

1.b.

I filed an alien worker petition on behalf of the

 

intending immigrant, who is related to me as my

Mailing Address

(USPS ZIP Code Lookup)

 

 

2.a. In Care Of Name

2.b. Street Number

and Name

2.c. Apt. Ste. Flr.

2.d. City or Town

1.c.

I have an ownership interest of at least 5 percent in

 

 

 

which filed an alien worker petition on behalf of the

 

intending immigrant, who is related to me as my

1.d.

 

I am the only joint sponsor.

2.e. State

2.g. Province

2.h. Postal Code 2.i. Country

2.f. ZIP Code

1.e.

I am the

first

second of two joint sponsors.

1.f.

The original petitioner is deceased. I am the

 

substitute sponsor. I am the intending immigrant's

 

 

 

 

 

 

 

 

NOTE: If you are filing this form as a sponsor, you must include proof of your U.S. citizenship, U.S. national status, or lawful permanent resident status.

Other Information

3.Country of Citizenship or Nationality

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

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

A-

Part 2. Information About the Principal Immigrant

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

1.c. Middle Name

6.USCIS Online Account Number (if any)

7.Daytime Telephone Number

Form I-864 10/15/19

Page 1 of 10

Part 3. Information About the Immigrants You Are Sponsoring

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

Yes

No (Applicable only if you are sponsoring

 

family members in Part 3. as the second

 

joint sponsor or if you are sponsoring

 

family members who are immigrating

 

more than six months after the principal

 

immigrant)

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

3. I am sponsoring the following family members who are immigrating more than six months after the principal immigrant.

Family Member 1

4.a. Family Name

(Last Name)

4.b. Given Name

(First Name)

4.c. Middle Name

5.Relationship to Principal Immigrant

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

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

A-

8.USCIS Online Account Number (if any)

Family Member 2

9.a. Family Name

(Last Name)

9.b. Given Name

(First Name)

9.c. Middle Name

10.Relationship to Principal Immigrant

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

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

A-

13.USCIS Online Account Number (if any)

Family Member 3

14.a. Family Name

(Last Name)

14.b. Given Name

(First Name)

14.c. Middle Name

15.Relationship to Principal Immigrant

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

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

A-

18.USCIS Online Account Number (if any)

Family Member 4

19.a. Family Name

(Last Name)

19.b. Given Name

(First Name)

19.c. Middle Name

20.Relationship to Principal Immigrant

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

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

A-

23.USCIS Online Account Number (if any)

Family Member 5

24.a. Family Name

(Last Name)

24.b. Given Name

(First Name)

24.c. Middle Name

25.Relationship to Principal Immigrant

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

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

A-

28.USCIS Online Account Number (if any)

Form I-864 10/15/19

Page 2 of 10

Part 3. Information About the Immigrants You Are Sponsoring (continued)

29. Enter the total number of immigrants you are sponsoring on

this affidavit which includes the principal immigrant listed

in Part 2., any immigrants listed in Part 3., Item

Numbers 1. - 28. and (if applicable), any immigrants listed

for these questions in Part 11. Additional Information.

Do not count the principal immigrant if you are only

Sponsor's Physical Address

4.a. Street Number

and Name

4.b. Apt. Ste. Flr.

4.c. City or Town

sponsoring family members entering more than 6 months

after the principal immigrant.

Part 4. Information About You (Sponsor)

Sponsor's Full Name

4.d. State

4.f. Province

4.g. Postal Code

4.h. Country

4.e. ZIP Code

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

1.c. Middle Name

Sponsor's Mailing Address

2.a. In Care Of Name

2.b. Street Number

and Name

2.c. Apt. Ste. Flr.

2.d. City or Town

2.e. State

 

2.f. ZIP Code

 

 

 

2.g. Province

2.h. Postal Code

2.i. Country

3.Is your current mailing address the same as your physical

address?

Yes

No

 

If you answered "No" to Item Number 3., provide your physical address in Item Numbers 4.a. - 4.h.

Other Information

5.Country of Domicile

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

7.City or Town of Birth

8.State or Province of Birth

9.Country of Birth

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

 

 

 

 

 

 

 

 

 

 

Citizenship or Residency

 

 

 

 

 

 

11.a.

I am a U.S. citizen.

11.b.

I am a U.S. national.

11.c.

I am a lawful permanent resident.

12.Sponsor's A-Number (if any)

A-

13.Sponsor's USCIS Online Account Number (if any)

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

14.I am currently on active duty in the U.S. Armed Forces

or U.S. Coast Guard.

Yes

No

 

Form I-864 10/15/19

Page 3 of 10

For

USCIS

Use

Only

Part 5. Sponsor's Household Size

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

Persons you are sponsoring in this affidavit:

5.

6.

Retired Since (mm/dd/yyyy)

Unemployed Since (mm/dd/yyyy)

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

29.

Persons NOT sponsored in this affidavit:

2. Yourself.

3.If you are currently married, enter "1" for your spouse.

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

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

6.If you have sponsored any other persons on Form I-864 or Form I-864EZ who are now lawful permanent residents,

enter the number here.

7.OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form

I-864A, enter the number here.

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

Household Size:

Part 6. Sponsor's Employment and Income

I am currently:

1. Employed as a/an

2.Name of Employer 1

7.My current individual annual income is:

$

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

Person 1

8.Name

9.Relationship

10.

Current Income

$

 

Person 2

 

 

 

 

11.

Name

 

 

 

 

 

 

12.

Relationship

 

 

 

 

 

 

13.

Current Income

$

 

 

 

 

 

 

Person 3

14.Name

15.Relationship

16. Current Income

$

Person 4

3. Name of Employer 2 (if applicable)

17. Name

 

 

 

 

4.

Self-Employed as a/an (Occupation)

18.

Relationship

 

 

 

 

 

 

 

 

 

19. Current Income

$

Form I-864 10/15/19

Page 4 of 10

For

USCIS

Use

Only

Household Size

1 2 3

4 5 6

7 8 9

Other

Poverty Guideline

Year: 2 0

Poverty Line:

$

Remarks

Part 6. Sponsor's Employment and Income

(continued)

20.My Current Annual Household Income (Total all lines from Part 6. Item Numbers 7., 10., 13., 16., and 19.; the total will be compared to Federal Poverty Guidelines on

 

Form I-864P.)

$

 

 

 

 

 

 

 

21.

The people listed in Item Numbers 8., 11., 14., and

17.have completed Form I-864A. I am filing along with this affidavit all necessary Form I-864As completed by these people.

22. One or more of the people listed in Item Numbers 8., 11., 14., and 17. do not need to complete Form I-864A because he or she is the intending immigrant and has no accompanying dependents.

Name

Federal Income Tax Return Information

23.a. Have you filed a Federal income tax return for each of the

three most recent tax years?

Yes

No

 

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

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

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

 

Tax Year

 

Total Income

24.a. Most Recent

 

$

 

24.b. 2nd Most Recent

 

$

 

 

 

24.c. 3rd Most Recent

 

$

 

 

 

 

 

 

 

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

Part 7. Use of Assets to Supplement Income

(Optional)

If your income, or the total income for you and your household, from Part 6., Item Numbers 20. or 24.a. - 24.c., exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part 7. Skip to Part 8.

Your Assets (Optional)

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

$

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

$

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

$

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

here.

TOTAL: $

 

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

5.a. Name of Relative

5.b. Your household member's assets from Form I-864A

(optional).$

Assets of the principal sponsored immigrant (optional).

The principal sponsored immigrant is the person listed in Part 2., Item Numbers 1.a. - 1.c. Only include the assets if the principal immigrant is being sponsored by this affidavit of support.

6.Enter the balance of the principal immigrant's savings and

checking accounts.

$

 

7.Enter the net cash value of all the principal immigrant's real estate holdings. (Net value means investment value

minus mortgage debt.)

$

 

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

$

Form I-864 10/15/19

Page 5 of 10

 

Household Size

 

 

Poverty Guideline

Sponsor's Household Income

Remarks

For

1

2

3

 

 

Year: 2 0

(Page 5, Line 10)

 

 

 

 

 

 

USCIS

4

5

6

 

 

$

 

 

 

 

 

 

 

 

Use

 

 

 

 

 

 

 

7

8

9

 

 

Poverty Line:

The total value of all assets, line 10, must equal 5 times (3 times for spouses and children of

Only

 

 

 

 

 

 

 

 

 

 

 

USC's, or 1 time for orphans to be formally adopted in the U.S.) the difference between the

 

Other

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

poverty guidelines and the sponsor's household income, line 10.

 

 

 

 

 

 

 

 

 

 

 

 

Part 7. Use of Assets to Supplement Income

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

(Optional) (continued)

 

 

The U.S. Government cannot make you sign Form 1-864 if you

9.

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

do not want to do so. But if you do not sign Form I-864, the

intending immigrant may not become a lawful permanent

 

here.

$

 

 

 

 

 

resident in the United States.

 

 

 

 

 

 

 

Total Value of Assets

 

 

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

 

 

 

 

10.

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

If an intending immigrant becomes a lawful permanent resident

 

number here.

 

 

 

 

 

in the United States based on a Form I-864 that you have

 

TOTAL: $

 

 

 

 

 

signed, then, until your obligations under Form I-864 terminate,

 

 

 

 

 

 

 

 

you must:

Part 8. Sponsor's Contract, Statement, Contact

Information, Declaration, Certification, and

Signature

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

Sponsor's Contract

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

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

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

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

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

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

What Other Consequences Are There?

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

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

What If I Do Not Fulfill My Obligations?

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

Form I-864 10/15/19

Page 6 of 10

Part 8. Sponsor's Contract, Statement, Contact

Information, Declaration, Certification, and

Signature (continued)

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

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

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

When Will These Obligations End?

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

A.Becomes a U.S. citizen;

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

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

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

E.Dies.

NOTE: Divorce does not terminate your obligations under Form I-864.

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

Sponsor's Statement

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

1.a.

I can read and understand English, and I have read

 

and understand every question and instruction on this

 

affidavit and my answer to every question.

1.b.

The interpreter named in Part 9. read to me every

 

question and instruction on this affidavit and my

 

answer to every question in

 

 

 

 

 

,

 

a language in which I am fluent, and I understood

 

everything.

2.

At my request, the preparer named in Part 10.,

 

 

,

 

prepared this affidavit for me based only upon

 

information I provided or authorized.

Sponsor's Contact Information

3.Sponsor's Daytime Telephone Number

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

5.Sponsor's Email Address (if any)

Sponsor's Declaration and Certification

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

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

I certify, under penalty of perjury, that all of the information in my affidavit and any document submitted with it were provided or authorized by me, that I reviewed and understand all of the information contained in, and submitted with, my affidavit and that all of this information is complete, true, and correct.

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

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

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

Form I-864 10/15/19

Page 7 of 10

Part 8. Sponsor's Contract, Statement, Contact Information, Declaration, Certification, and

Signature (continued)

D.

Each of the Federal income tax returns submitted in

 

support of this affidavit are true copies, or are

 

unaltered tax transcripts, of the tax returns I filed

 

with the IRS;

Interpreter's Mailing Address

3.a. Street Number

and Name

3.b. Apt. Ste. Flr.

3.c. City or Town

E.

I understand that, if I am related to the sponsored

 

immigrant by marriage, the termination of the

 

marriage (by divorce, dissolution, annulment, or

 

other legal process) will not relieve me of my

 

obligations under this Form I-864; and

F.

I authorize the Social Security Administration to

 

release information about me in its records to

 

USCIS and DOS.

3.d. State

3.f. Province

3.g. Postal Code

3.h. Country

3.e. ZIP Code

Sponsor's Signature

6.a. Sponsor's Signature

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

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

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

Provide the following information about the interpreter.

Interpreter's Full Name

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

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

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

Interpreter's Contact Information

4.Interpreter's Daytime Telephone Number

5.Interpreter's Mobile Telephone Number (if any)

6.Interpreter's Email Address (if any)

Interpreter's Certification

I certify, under penalty of perjury, that:

I am fluent in English and

 

,

which is the same language specified in Part 8., Item Number 1.b., and I have read to this sponsor in the identified language every question and instruction on this affidavit and his or her answer to every question. The sponsor informed me that he or she understands every instruction, question, and answer on the affidavit, including the Sponsor's Declaration and Certification, and has verified the accuracy of every answer.

Interpreter's Signature

7.a. Interpreter's Signature

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

Form I-864 10/15/19

Page 8 of 10

Part 10. Contact Information, Declaration, and Signature of the Person Preparing this Affidavit, if Other Than the Sponsor

Provide the following information about the preparer.

Preparer's Full Name

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

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

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

Preparer's Mailing Address

3.a. Street Number

and Name

3.b. Apt. Ste. Flr.

3.c. City or Town

Preparer's Statement

7.a.

I am not an attorney or accredited representative but

 

have prepared this affidavit on behalf of the sponsor

 

and with the sponsor's consent.

7.b.

I am an attorney or accredited representative and my

 

representation of the sponsor in this case

 

extends

does not extend beyond the

preparation of this affidavit.

NOTE: If you are an attorney or accredited representative, you may be obliged to 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, with this affidavit.

Preparer's Certification

By my signature, I certify, under penalty of perjury, that I prepared this affidavit at the request of the sponsor. The sponsor then reviewed this completed affidavit and informed me that he or she understands all of the information contained in, and submitted with, his or her affidavit, including the

3.d. State

3.f. Province

3.g. Postal Code

3.h. Country

3.e. ZIP Code

Sponsor's Declaration and Certification, and that all of this information is complete, true, and correct. I completed this affidavit based only on information that the sponsor provided to me or authorized me to obtain or use.

Preparer's Signature

8.a. Preparer's Signature

Preparer's Contact Information

4.Preparer's Daytime Telephone Number

5.Preparer's Mobile Telephone Number (if any)

6.Preparer's Email Address (if any)

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

Form I-864 10/15/19

Page 9 of 10

Part 11. Additional Information

If you need extra space to provide any additional information within this affidavit, use the space below. If you need more space than what is provided, you may make copies of this page to complete and file with this affidavit or attach a separate sheet of paper. 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.

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

1.c. Middle Name

2.A-Number (if any)

A-

3.a. Page Number 3.b. Part Number 3.c. Item Number

3.d.

4.a. Page Number 4.b. Part Number 4.c. Item Number

4.d.

5.a. Page Number 5.b. Part Number 5.c. Item Number

5.d.

6.a. Page Number 6.b. Part Number 6.c. Item Number

6.d.

7.a. Page Number 7.b. Part Number 7.c. Item Number

7.d.

Form I-864 10/15/19

Page 10 of 10

Form Information

Fact Name Detail
Purpose of Form The I-864 form is an Affidavit of Support that demonstrates a sponsor's ability to financially support an immigrant.
Who Must File Sponsors who file for family members or certain employment-based immigrants must submit this form.
Income Requirement The sponsor's income must be at least 125% of the Federal Poverty Guidelines for their household size.
Support Obligation The sponsor is legally obligated to support the immigrant until they become a U.S. citizen or meet other specific conditions.
Governing Law The I-864 form is governed by the Immigration and Nationality Act (INA), specifically sections 213A and 213B.

Detailed Guide for Filling Out USCIS I-864

When you complete the USCIS I-864 form, you will be taking an important step in the immigration process. This form is essential for demonstrating that a visa applicant has adequate financial support. Follow these steps to fill out the form correctly.

  1. Begin by entering your full name in the designated fields at the top of the form.
  2. Provide your mailing address, ensuring it is current and accurate.
  3. Indicate your relationship to the person you are sponsoring.
  4. Enter your date of birth and place of birth.
  5. List your Social Security number. If you do not have one, check the box indicating this.
  6. Provide your employment information, including employer's name, address, and your job title.
  7. Complete the section on your income. If you have multiple sources of income, make sure to include them all.
  8. If applicable, list any additional household members who contribute to your income.
  9. Provide information about your assets such as bank accounts, properties, and investments, if applicable.
  10. Sign and date the form to certify that the information is true and correct.

After filling out the I-864 form, review it for any errors or omissions. Once you are confident it is complete, you can submit it along with the other required immigration forms and documents.

Obtain Answers on USCIS I-864

  1. What is the USCIS I-864 form?

    The USCIS I-864 form, officially known as the Affidavit of Support, is a legal document required by U.S. Citizenship and Immigration Services (USCIS). This form is used to demonstrate that a sponsoring individual has adequate financial resources to support an immigrant seeking permanent residency. The intent is to ensure that immigrants will not become public charges.

  2. Who needs to submit the I-864 form?

    The I-864 form is usually required when a family member is applying for a Green Card through a sponsored relationship, such as a spouse or child. It must be completed by the sponsor, who is typically a U.S. citizen or lawful permanent resident, as well as their household members, if their income is being counted.

  3. What are the income requirements for the I-864 form?

    Sponsors generally need to prove that their income is at least 125% of the Federal Poverty Guidelines for their household size. This amount varies annually and changes based on family size. In cases involving active military members sponsoring a spouse or child, the threshold is set at 100% of the Federal Poverty Guidelines.

  4. What documents should accompany the I-864 form?

    To support the I-864 form, the sponsor must provide:

    • Proof of income, such as recent pay stubs or tax returns.
    • Evidence of U.S. citizenship or lawful permanent resident status, like a birth certificate or Green Card.
    • Documentation of other financial resources, if applicable, such as bank statements.
  5. Can I use assets instead of income to qualify?

    Yes, if the sponsor's income does not meet the required threshold, they may use assets to supplement their financial ability. The value of assets must exceed five times the difference between the sponsor's income and the required percentage of the Federal Poverty Guidelines.

  6. What happens if the sponsor’s financial situation changes?

    If the sponsor experiences a significant change in financial circumstances, it is crucial to inform USCIS as soon as possible. The sponsor may need to provide updated documentation or additional evidence of financial support.

  7. Is the I-864 form legally binding?

    Yes. By signing the I-864 form, the sponsor is entering into a legally binding agreement. They are committing to support the sponsored immigrant financially. This obligation typically lasts until the immigrant becomes a U.S. citizen, has worked for 40 quarters (roughly 10 years), or leaves the U.S. and does not intend to return.

Common mistakes

Filling out the USCIS I-864 form can be a daunting task for many. This affidavit of support is a crucial document that establishes a financial relationship between the sponsor and the sponsored individual. One common mistake is failing to provide accurate income information. Individuals often underestimate or overestimate their income, potentially jeopardizing the application. It's essential to use your most recent tax returns and W-2 forms, ensuring that all income sources are adequately documented.

Another frequent error involves not listing all dependents. Many sponsors forget to include dependents in their household size calculation, which can lead to confusion regarding income requirements. It is critical to accurately calculate household size, as this affects the minimum income level the sponsor must meet.

Completing the form without signing it is a mistake that can delay the application process significantly. After working diligently to compile everything, the sponsor must remember to affix their signature. A missing signature can render the application incomplete and can result in a denial or a request for additional information.

Inaccurate or missing information regarding the sponsor’s employment status is another pitfall. Prospective sponsors sometimes fail to reflect changes in their employment or provide outdated employment information. Keeping the employment details current and accurate is vital for establishing financial credibility.

Some sponsors mistakenly think they can claim more than one source of income without proper documentation. While multiple income streams are certainly allowable, they must all be verifiable and properly documented. Inclusions should be backed by proper proof, such as pay stubs or letters from employers.

Submitting the wrong version of the I-864 form is an oversight that can significantly delay processing times. USCIS periodically updates forms, and using outdated versions can lead to complications. Always ensure you are using the most recent form available on the USCIS website.

Inconsistent information between the I-864 and other application forms can create confusion. It’s essential for sponsors to align the responses on the I-864 with those on forms like the I-130 or I-485. Discrepancies can raise red flags and may complicate the review process.

Omitting supporting evidence along with the form can cause delays. Sponsors should not only fill out the form accurately but also include the necessary documentation, such as tax returns, proof of income, and employment letters, showcasing financial stability and compliance with the income requirements.

An important mistake is overlooking the required supporting documents for previous years' income. USCIS requires evidence of income for the most recent tax year as well as reference information for the last three years. Submitting incomplete income histories can lead to delays or denials.

Lastly, some sponsors underestimate the significance of additional household members. In certain situations, spouses or co-sponsors can contribute to meeting the income requirement. Being unaware of these options can restrict the sponsor’s ability to demonstrate sufficient financial resources. Engaging with the complexities of the I-864 does not have to be overwhelming, but careful attention to detail can make the process smoother.

Documents used along the form

The USCIS I-864 form, known as the Affidavit of Support, is a critical document for many immigration processes. To ensure a complete application package, it is essential to include several other forms and documents. Below is a list of additional forms and documents often used alongside the I-864.

  • I-130, Petition for Alien Relative: This form establishes a qualifying relationship between the U.S. citizen or lawful permanent resident and the relative seeking a visa.
  • I-485, Application to Register Permanent Residence or Adjust Status: Used by individuals who are applying for a green card while in the United States. It often requires the I-864 as proof of financial support.
  • G-325A, Biographic Information: A form that collects biographical information about the applicant. This form is typically required for adjustment of status applications.
  • Tax Returns: Copies of the sponsor's tax returns for the past three years. They demonstrate the financial standing and support capacity of the sponsor.
  • W-2 Forms: These documents provide information on the sponsor's income. They help affirm the sponsor's financial ability to support the immigrant.
  • Employment Verification Letter: A letter from the sponsor's employer confirming employment status, position, and salary. This adds credibility to the financial claims made in the I-864.

Including these documents with the USCIS I-864 form strengthens the application. Each document serves a specific purpose and collectively provides a clearer picture of the financial and relational backing of the petition. Remember to review requirements for accuracy and completeness to avoid delays.

Similar forms

  • USCIS I-864A: The I-864A is a contract similar to the I-864. It allows a household member to combine their income with the sponsor to meet the financial requirements for an immigration application.
  • USCIS I-134: The I-134 form is a declaration of financial support. While it is not legally binding, it serves a similar purpose of demonstrating a sponsor's ability to financially support a visitor or immigrant.
  • USCIS I-912: The I-912 form requests a fee waiver. It resembles the I-864 in that it helps applicants by removing financial barriers to immigration proceedings.
  • USCIS I-130: The I-130 is a petition for relative sponsorship. Like the I-864, it establishes a financial relationship as part of the family-based immigration process.
  • USCIS I-751: The I-751 is a petition to remove conditions on residence. This document also requires proof of financial support to ensure the couple's commitment is genuine.
  • USCIS N-400: The N-400 is an application for naturalization. While different in purpose, it also requires proof of support for individuals on a pathway to citizenship, similar to the I-864.
  • USCIS I-693: The I-693 is a report of medical examination and vaccination record. Both documents relate to eligibility for immigration, though one focuses on health while the other on financial capability.

Dos and Don'ts

When filling out the USCIS I-864 form, it's important to keep in mind certain dos and don'ts to ensure a smooth application process.

  • Do provide accurate information about your income and assets.
  • Do sign and date the form before submission.
  • Do include all required supporting documents.
  • Do double-check for any errors before sending it in.
  • Don't leave any questions unanswered; every section must be completed.
  • Don't use white-out or erasers on the form.
  • Don't forget to keep a copy of the completed form for your records.
  • Don't submit the form without the appropriate filing fee, if applicable.

Misconceptions

Understanding the I-864 form is crucial for anyone involved in the immigration process. Here are nine common misconceptions about the form:

  1. The I-864 is only for sponsors. While the form is primarily for sponsors, it also involves the immigrant. Their financial situation is assessed as well.
  2. You can ignore the I-864 if you have a job. Employment alone does not eliminate the need for the form. It's essential for providing financial support.
  3. The I-864 guarantees a visa approval. Submitting this form does not guarantee approval. It is just one requirement among many in the visa process.
  4. All applicants must meet the same income requirements. Income requirements vary based on household size and location. Be sure to check the specific guidelines.
  5. If a sponsor has past debts, they cannot file the I-864. Past debts do not automatically disqualify a sponsor. They must still meet the income requirement.
  6. The form is the same for all visas. Different visa categories may have different requirements, so it's important to check the specific instructions that pertain to your case.
  7. Only U.S. citizens can be sponsors on the I-864. Lawful permanent residents can also act as sponsors, depending on the situation.
  8. A sponsor must always use their income. In some cases, a joint sponsor can provide sufficient income, allowing the primary sponsor's income to be supplemented.
  9. The I-864 has to be filed before the immigrant arrives in the U.S. The form can be submitted at different stages, depending on the application process.

Clarifying these misconceptions can help ensure a smoother process for both sponsors and immigrants.

Key takeaways

When filling out and using the USCIS I-864 form, it is essential to understand its purpose and implications. The form is a necessary component in the immigration process, particularly for family members seeking to adjust their status. Below are nine key takeaways regarding the I-864 form:

  • Purpose: The I-864 form is used to demonstrate the financial support of a U.S. citizen or lawful permanent resident who is sponsoring a relative for a green card.
  • Income Requirements: The sponsor must prove that their income is at least 125% of the federal poverty guideline for their household size.
  • Household Size: Accurately calculate the household size, which includes the sponsor, their dependents, and any other individuals living in the household.
  • Joint Sponsors: If the primary sponsor does not meet the income requirements, a joint sponsor may provide support. The joint sponsor must also complete a separate I-864 form.
  • Supporting Evidence: Evidence of income must be included, such as recent tax returns, W-2 forms, and pay stubs. Failure to provide this documentation can lead to delays.
  • Filing with USCIS: Submit the completed form along with the immigration application to USCIS. Ensure it is included in the correct package to avoid processing issues.
  • Affidavit of Support: This is a legally binding contract, meaning the sponsor is obligated to support the immigrant financially if necessary.
  • Duration of Obligation: The sponsor’s financial obligations remain in effect until the immigrant becomes a U.S. citizen, earns 40 qualifying quarters of work, or passes away.
  • Legal Ramifications: Understand that failure to follow through on the obligations can lead to legal actions, including lawsuits for reimbursement of benefits received by the immigrant.

Completing the USCIS I-864 form with attention to detail is crucial for a successful immigration process. The responsibilities involved should not be taken lightly, as they have long-term implications for both the sponsor and the immigrant.