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The USCIS I-864 form, also known as the Affidavit of Support, plays a crucial role in the immigration process for family-sponsored immigrants and some employment-based immigrants in the United States. This legally binding document is intended to demonstrate that a sponsor can provide financial support to their immigrant relative, ensuring that they do not become a public charge. The form requires detailed information about the sponsor's income, assets, and household composition, establishing their ability to meet the financial obligations specified by the U.S. Department of Homeland Security. It is essential for sponsors to provide accurate information, as discrepancies can lead to delays or denials in the immigration process. Additionally, the I-864 form has specific income requirements that must be met based on the federal poverty guidelines, varying by household size and state of residence. Overall, completing the USCIS I-864 correctly is vital for a successful immigration application, making it an important document for anyone navigating the U.S. immigration system.

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

File Specs

Fact Name Description
Purpose The I-864 form, also known as the Affidavit of Support, is used by sponsors to demonstrate that they can financially support an immigrant applying for a visa.
Who Must File? Any U.S. citizen or permanent resident who is sponsoring an immigrant must file the I-864 form.
Minimum Income Requirement The sponsor's income must be at least 125% of the Federal Poverty Guidelines for their household size.
Supporting Documents When submitting the I-864, sponsors must provide proof of income, such as tax returns, W-2 forms, or employment letters.
Joint Sponsors If the primary sponsor does not meet the income requirement, a joint sponsor may file a separate I-864 to help meet the financial obligation.
Duration of Responsibility Sponsors are legally obligated to support the immigrant until they become a U.S. citizen or can be credited with 40 quarters of work.
State-Specific Laws State-specific laws do not directly govern the I-864, but state welfare laws may impact the sponsor’s obligations.
Filing Fee There is no fee to file the I-864 form; however, it must be submitted alongside the appropriate immigration application.
Consequences of Non-Compliance If a sponsor fails to provide support, the immigrant can potentially seek assistance from the sponsor for benefits received.
Changes in Circumstance If a sponsor's income changes after signing the I-864, they must report this change to USCIS, particularly if it affects their ability to provide support.

USCIS I-864 - Usage Guidelines

After gathering the necessary documents and information, you're ready to fill out the USCIS I-864 form. Each step is important, so take your time to provide accurate details. This form is essential for demonstrating financial support and eligibility to sponsor an immigrant. Here’s how to complete it:

  1. Download the Form: Access the USCIS website and download the most recent I-864 form in PDF format.
  2. Read the Instructions: Take a few minutes to read the instructions carefully before you start filling out the form. This will help you understand what each section requires.
  3. Section 1 - Sponsor's Information: Enter your full name, address, phone number, email, and date of birth. Make sure the information is up-to-date and accurate.
  4. Section 2 - Information About the Immigrants: List the names of the family members you are sponsoring. Include their relationship to you and other required details.
  5. Section 3 - Your Employment and Income: Provide your current employment details, including your employer's name and address. Report your annual income and any other sources of income.
  6. Section 4 - Other Financial Information: Indicate any other financial assets you may have. This can include savings, properties, or other investments that can support your application.
  7. Section 5 - Signature: Sign and date the form at the designated area. Remember, this confirms that the information you've provided is true and complete.

Now that you’ve completed the form, double-check your entries for any mistakes or missing information. After that, you can proceed to submit it as part of your application process. Make sure to keep a copy for your records!

Your Questions, Answered

What is the purpose of the USCIS I-864 form?

The USCIS I-864 form, also known as the Affidavit of Support, plays a crucial role in the immigration process. This document is required for most family-based immigrants and certain employment-based immigrants to demonstrate that they have adequate financial support once they arrive in the United States. Essentially, it serves as a legally binding contract where the sponsoring individual (the petitioner) agrees to financially support the immigrant, thus ensuring that the immigrant will not rely on public benefits. The form provides the U.S. government with a means to assess the financial viability of the sponsor and verify that the immigrant will not become a financial burden on society.

Who needs to file the I-864 form?

Typically, the I-864 form must be filed by U.S. citizens or lawful permanent residents who are sponsoring a relative for a green card. It applies to various family members, including spouses, children, parents, and siblings. Additionally, certain employment-based cases may also require this form if the beneficiary’s employer is petitioning for them. It’s important to note that not all visa categories require this form; therefore, assessing the specific requirements of the visa in question is essential before proceeding.

What income level is required to qualify as a sponsor?

To be considered adequate as a financial sponsor, the petitioner must demonstrate an income that is at least 125% of the federal poverty guidelines for their household size. If the sponsor is active duty military, the requirement is lowered to 100% of the poverty guidelines. The guidelines are updated annually, so it’s important to check the current figures relevant to your state and household size. If the sponsor’s income does not meet the threshold, they may use assets or enlist a joint sponsor—someone who is willing to also take on the financial responsibility—to meet the income requirements.

How long does the I-864 commitment last?

The commitment made through the I-864 form does not last indefinitely. The obligation generally ends when the sponsored immigrant becomes a U.S. citizen, works for 40 qualifying quarters (approximately 10 years), dies, or permanently leaves the United States. If any of these conditions occur, the sponsor is released from their financial obligations. However, it is important for sponsors to understand that until such conditions are met, they remain liable for any public benefits used by the immigrant, which can include Medicaid or Supplemental Nutritional Assistance Program (SNAP) benefits.

Common mistakes

Filling out the USCIS I-864 form can be a daunting task. Many people make common mistakes that can delay the process. Here’s a list of seven mistakes to avoid:

  1. Missing Signature: One of the biggest errors is not signing the form. Without a signature, USCIS will reject it.

  2. Incorrect Income Information: It’s essential to provide accurate income figures. Using estimated or outdated numbers can cause problems.

  3. Not Including Required Documents: Failing to attach necessary documents, like tax returns or W-2 forms, can delay processing.

  4. Wrong Household Size: Miscalculating the number of people in your household affects the support amounts and eligibility.

  5. Forgetting to Use the Correct Version: Always make sure you’re using the latest version of the form. Old versions might not be accepted.

  6. Inconsistent Information: Ensure all information matches across forms. Discrepancies can raise red flags.

  7. Missing Contact Information: It’s important to provide up-to-date contact information. USCIS needs to reach you if there are any questions.

By being aware of these common pitfalls, you can help ensure your I-864 form submission goes smoothly. Take your time, double-check your work, and don’t hesitate to seek help if needed.

Documents used along the form

The USCIS I-864 form, also known as the Affidavit of Support, is essential for demonstrating that a sponsor can provide financial support to an immigrant seeking a visa or green card. Alongside this form, several other documents are commonly required to ensure a complete application package. Below is a list of these documents, each serving a specific purpose in the immigration process.

  • USCIS I-130 Form: This form, the Petition for Alien Relative, is used by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with an immigrant.
  • USCIS I-485 Form: Known as the Application to Register Permanent Residence or Adjust Status, this document is submitted to apply for lawful permanent residency, often accompanied by the I-864.
  • USCIS I-797 Notice of Action: This form serves as confirmation that USCIS has received a petition or application. It can provide important receipt numbers and decision notices.
  • Tax Returns: Recent tax returns (usually the last three years) are needed to validate the sponsor's financial standing as part of the affidavit process.
  • W-2 Forms: The sponsor's W-2 forms from the past few years help demonstrate income and employment verification.
  • Employment Verification Letter: A letter from the sponsor’s employer confirming employment status, position, and salary is crucial for proving financial responsibility.
  • Bank Statements: Recent bank statements may be required to show the sponsor’s financial resources and ability to support the immigrant.
  • Proof of U.S. Citizenship or Legal Residency: This documentation includes copies of the sponsor's U.S. passport, birth certificate, or green card to establish their immigration status.
  • Form I-864A: The Contract Between Sponsor and Household Member is necessary when a household member’s income is included in the support calculations, strengthening the I-864 claim.

Collectively, these documents create a comprehensive picture of the sponsor's ability to support an immigrant. Properly compiling and submitting these forms will significantly aid in the decision-making process, providing confidence that the application meets the necessary requirements. Always ensure each document is accurate and complete to avoid unnecessary delays.

Similar forms

The USCIS I-864 form, also known as the Affidavit of Support, is similar to the I-134 form, which is another affidavit of support used in the immigration process. While the I-864 is primarily used for family-based immigration, the I-134 supports non-immigrant visa applicants, such as tourists or students. Both forms require the sponsor to demonstrate sufficient income or assets to provide for the applicant, ensuring that the applicant will not become a public charge. However, the I-864 requires a legally enforceable commitment, while the I-134 does not carry the same legal obligation.

Another related document is the USCIS I-864A form, which is used when a household member contributes their income to help meet the income requirements outlined in the I-864. This form enables additional sponsors to include their financial resources, expanding the potential for meeting the necessary income thresholds. The I-864A effectively augments the support provided by the primary sponsor and adds more security for the intending immigrant’s financial stability.

The I-944 form, also required for certain immigration applications, is similar to the I-864 in that it assesses an applicant’s financial situation. The I-944 focuses on the public charge rule, evaluating the individual’s ability to support themselves. While the I-864 must show the sponsor's ability to support the applicant, the I-944 analyzes the applicant's resources and whether they could face financial hardships in the future, offering a broader view of economic sustainability.

The I-130 form, which is used to establish a relationship between a U.S. citizen or lawful permanent resident and a foreign relative, also parallels the I-864. While the I-130 initiates the immigration process, the I-864 supplements this by assuring the U.S. government that the new immigrant will not rely on public assistance. Both forms are crucial steps in family-based immigration, underscoring the importance of financial accountability and supportive relationships.

The Form 1040, the U.S. Individual Income Tax Return, relates closely to the I-864 by providing proof of income for sponsors. The I-864 requires sponsors to submit their most recent tax return as evidence of financial capacity. This form verifies reported income and establishes whether that income meets the necessary thresholds to support the intending immigrant. The tax return reflects the sponsor's financial responsibility, which is vital in the assessment of the I-864.

The tax transcripts obtained from the IRS can also be compared to the I-864. These transcripts provide official documentation of the sponsor's income over the years. Just like the information provided in the I-864, the IRS transcripts confirm that the sponsor has been honest about their financial situation. Thus, they serve as a reliable source of verification during the immigration review process.

Lastly, the Employment Verification Letter can be viewed as similar to the I-864. While the latter focuses on the overall financial capability of the sponsor, the employment letter specifically details the sponsor's current employment status and salary. This document gives additional assurance that the sponsor has a stable income source capable of supporting the intending immigrant, emphasizing financial stability in the sponsorship commitment.

Dos and Don'ts

Completing the USCIS I-864 form requires careful attention to detail. Here are some essential do’s and don’ts to consider:

  • Do double-check all personal information for accuracy before submission.
  • Do provide complete financial details, including income and assets.
  • Do use clear and legible handwriting if filling out the form by hand.
  • Do ensure you sign and date the form where indicated.
  • Don't leave any fields blank; if something does not apply, write “N/A.”
  • Don't forget to include required supporting documents.
  • Don't rush through the form; take your time to avoid mistakes.
  • Don't submit the form without reviewing it thoroughly for errors.

Misconceptions

The USCIS I-864 form, also known as the Affidavit of Support, often comes with several misconceptions. Understanding these misunderstandings is essential for anyone navigating the immigration process. Below are some common myths associated with this form and their realities.

  • Misconception 1: The I-864 form guarantees immigration application approval.
  • While the I-864 is a necessary part of the application for certain family members, submitting this form does not automatically guarantee that the visa application will be approved. Every application is assessed based on its own merits, including the applicant's qualifications and adherence to regulations.

  • Misconception 2: Only U.S. citizens can file the I-864.
  • This is incorrect. Lawful permanent residents can also act as sponsors and file the I-864 for their relatives. However, there are specific qualifications that need to be met, and understanding who can serve as a sponsor is crucial for success.

  • Misconception 3: Income below the guidelines means automatic rejection.
  • While it's true that the sponsoring individual must meet certain income requirements, there are several factors that could allow for consideration of lower income levels. This includes using assets or having a joint sponsor who can help meet the threshold, making it possible for many to still proceed with their applications.

  • Misconception 4: The I-864 form is only about financial support.
  • Although financial support is a critical part of the I-864, it's also about ensuring that the immigrant won't become a public charge. The form involves legally binding commitments, and sponsors must understand their obligations, including what happens if these obligations are not met.

Addressing these misconceptions can help individuals better prepare for their immigration journey. Always consult official resources for the most accurate and personalized guidance.

Key takeaways

Filling out the USCIS I-864 form can be straightforward. Here are some key takeaways to keep in mind:

  • Understand the Purpose: The I-864 form is used to prove financial support for individuals applying for a green card.
  • Be Accurate: Provide truthful and accurate information about your income and assets. Inaccurate details could lead to delays or denials.
  • Include All Required Documents: Attach necessary financial documentation, such as tax returns and pay stubs. This supports your claims and strengthens your application.
  • Know the Income Requirements: Ensure your income meets the minimum threshold to sponsor an immigrant. This amount varies based on household size and location.
  • Sign and Date the Form: Make sure to sign and date the form. An unsigned form will be considered incomplete and could stall the application process.
  • Keep Copies: Retain copies of all forms and documentation submitted. This allows for easy reference if any issues arise.