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When navigating the complexities of immigration processes in the United States, understanding the I-864 form becomes crucial for many individuals and families. This document, also known as the Affidavit of Support, signifies a commitment to financially support a sponsored immigrant, ensuring they can meet their basic needs without relying on government assistance. It serves as a binding contract between the sponsor and the U.S. government, outlining the sponsor's income requirements and obligations. Completing this form accurately is essential, as it affects not only the immigrant's eligibility for a green card but also the sponsor's financial responsibilities. In addition to income thresholds, the form requires various supporting documents, such as tax returns and proof of citizenship or lawful permanent residency. Understanding the nuances of the I-864 is vital for anyone seeking to bring loved ones to the U.S. so that they can successfully navigate this important step in the immigration journey.

USCIS I-864 Example

 

 

 

Affidavit of Support Under Section 213A of the INA

 

 

USCIS

 

 

 

 

Department of Homeland Security

 

 

 

 

 

 

 

Form I-864

 

 

 

 

 

 

 

 

 

 

OMB No. 1615-0075

 

 

 

U.S. Citizenship and Immigration Services

 

Expires 09/30/2021

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Affidavit of Support Submitter

 

 

 

 

Section 213A Review

Number of Support Affidavits in File

For

Petitioner

 

 

MEETS

DOES NOT MEET

1

 

2

 

 

 

 

1st Joint Sponsor

 

requirements

requirements

 

 

 

 

 

 

 

 

 

 

 

 

 

USCIS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Use

2nd Joint Sponsor

Reviewed By:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Only

Substitute Sponsor

Office:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5% Owner

 

Date (mm/dd/yyyy):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

Mailing Address

(USPS ZIP Code Lookup)

2.a. In Care Of Name

2.b. Street Number

and Name

 

 

 

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

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.c. Apt. 2.d. City or Town 2.e. State

2.g. Province

2.h. Postal Code

2.i. Country

Ste. Flr.

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.

Part 2. Information About the Principal Immigrant

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

Other Information

3.Country of Citizenship or Nationality

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

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

A-

6.USCIS Online Account Number (if any)

7.Daytime Telephone Number

1.c. Middle Name

Form I-864 Edition 03/10/21

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 Edition 03/10/21

Page 2 of 10

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

Sponsor's Physical Address

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 sponsoring family members entering more than 6 months after the principal immigrant.

Part 4. Information About You (Sponsor)

Sponsor's Full Name

4.a. Street Number

and Name

4.b. Apt. 4.c. City or Town 4.d. State

4.f. Province

4.g. Postal Code

4.h. Country

Ste. Flr.

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

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

2.c. Apt. 2.d. City or Town 2.e. State

2.g. Province

2.h. Postal Code

2.i. Country

Ste. Flr.

2.f. ZIP Code

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)

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.

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 Edition 03/10/21

Page 3 of 10

For

USCIS

Use

Only

Part 5. Sponsor's Household Size

5.

Retired Since (mm/dd/yyyy)

NOTE: Do not count any member of your household more

 

 

 

than once.

6.

Unemployed Since (mm/dd/yyyy)

Persons you are sponsoring in this affidavit:

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

 

29.

 

Persons NOT sponsored in this affidavit:

 

2.

Yourself.

1

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:

1

Part 6. Sponsor's Employment and Income

I am currently:

1. Employed as a/an

2.Name of Employer 1

3.Name of Employer 2 (if applicable)

4. Self-Employed as a/an (Occupation)

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

17.Name

18.Relationship

 

 

19. Current Income

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form I-864 Edition 03/10/21

 

Page 4 of 10

5.b.
Name of Relative
5.a.
Assets from Form I-864A, Part 4., Item Number 3.d., for:
Add together Item Numbers 1. - 3. and enter the number
here.TOTAL: $
4.
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.
$

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.

22.

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.

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.

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 Edition 03/10/21

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Part 7. Use of Assets to Supplement Income

(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 Edition 03/10/21

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 Edition 03/10/21

Page 7 of 10

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

Interpreter's Mailing Address

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;

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.a. Street Number

and Name

3.b. Apt. 3.c. City or Town 3.d. State

3.f. Province

3.g. Postal Code

3.h. Country

Ste. Flr.

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 Edition 03/10/21

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

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.

3.a. Street Number

and Name

3.b. Apt. 3.c. City or Town 3.d. State

3.f. Province

3.g. Postal Code

3.h. Country

Ste. Flr.

3.e. ZIP Code

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 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 Edition 03/10/21

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-

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Form I-864 Edition 03/10/21

Page 10 of 10

File Breakdown

Fact Name Description
Purpose The I-864 form, also known as the Affidavit of Support, is used to demonstrate that an immigrant has adequate financial support.
Sponsor Requirements The sponsor must be a U.S. citizen or lawful permanent resident and must meet specific income requirements.
Income Threshold To qualify, the sponsor's income should be at least 125% of the federal poverty guidelines for their household size.
Joint Sponsors If the primary sponsor does not meet the income requirements, they may use a joint sponsor to fulfill the financial criteria.
Duration of Obligation The sponsor's financial support obligation lasts until the immigrant becomes a U.S. citizen or after 40 quarters of work.
Use in Immigration Cases The I-864 form is required in family-based immigration petitions and certain employment-based petitions where the immigrant intends to adjust status.
Domicile Requirement The sponsor must reside in the U.S. and demonstrate this through various means, including proof of address or employment.
Legal Enforcement The I-864 can be enforced in court by the immigrant, enabling them to claim financial support if needed.

Guide to Using USCIS I-864

After gathering the necessary documentation, you are ready to fill out the USCIS I-864 form. Be precise and ensure all information is accurate, as errors can delay the application process. Follow these steps to complete the form correctly:

  1. Start with your personal details like your name, address, and contact information in section 1.
  2. Provide your date of birth and social security number in section 2.
  3. Indicate your citizenship or immigration status in section 3.
  4. Answer questions regarding your household size. Include everyone who lives with you and dependents in section 4.
  5. In section 5, list your income. Use your most recent tax return as a reference.
  6. Document any assets you hold in section 6. Provide details like bank balances, property, or retirement accounts.
  7. Sign and date the form in section 7, confirming that the information you provided is correct.

Double-check that all sections are filled out completely. Once finished, attach all required documents and submit the form to the appropriate USCIS office.

Get Answers on USCIS I-864

What is the USCIS I-864 form?

The USCIS I-864 form, also known as the Affidavit of Support, is a document that U.S. citizens and certain lawful residents must complete when they sponsor someone, typically a family member, for a Green Card. By signing this form, the sponsor agrees to financially support the immigrant, ensuring they do not rely on public benefits. This commitment lasts until the immigrant becomes a U.S. citizen, can be credited with 40 qualifying quarters of work, or leaves the U.S. permanently.

Who needs to fill out the I-864 form?

The I-864 form is required for most family-based and some employment-based Green Card applications. Specifically, it must be completed by:

  • The petitioning sponsor (usually a family member).
  • Any additional sponsors or joint sponsors who are helping to support the immigrant.

It's essential to understand that the sponsor must be a U.S. citizen or a lawful permanent resident residing in the United States.

How do I determine the appropriate income level for sponsoring?

Sponsors must demonstrate that their income is at least 125% of the Federal Poverty Guidelines for their household size. For active military members, the threshold is 100%. You can find the most current poverty guidelines on the U.S. Department of Health & Human Services website. Your household size includes:

  1. Yourself and your spouse.
  2. Any dependent children.
  3. Any other individuals you have claimed as dependents on your tax returns.
  4. The person(s) being sponsored.

Ensure to calculate your income carefully, as USCIS may require documentation to verify it.

What documents should accompany the I-864 form?

When submitting the I-864, you should include several key documents to support your application. These may include:

  • Your most recent federal tax returns (usually the last three years).
  • Your W-2s or 1099s.
  • Proof of income, such as pay stubs or an employer letter.
  • Evidence of current assets, if your income does not meet the requirements.

Providing complete and accurate documentation helps avoid delays in processing.

What if my income doesn’t meet the requirements?

If your income falls below the required level, you have a few options to support the application:

  • You can find a joint sponsor, who will agree to support the immigrant and also submit a separate I-864 form.
  • You may include assets, such as cash savings or property, to make up for the income shortfall. USCIS typically considers assets worth five times the difference between your income and the required level.
  • Another option is to seek additional income sources, if feasible, before submitting the application.

All options should be evaluated carefully, as financial stability is critical for the successful sponsorship of an immigrant.

Common mistakes

Filling out the USCIS I-864 form can be a daunting task, and mistakes are all too common. One significant error people often make is not providing complete income information. The I-864 requires details about all sources of income, including wages, dividends, and any side jobs. Omitting any source can lead to delays or denials.

Another frequent mistake is underestimating the poverty guidelines. Applicants should be aware that the guidelines change annually and vary based on household size. If you inaccurately calculate your household size or income in relation to these guidelines, your application could be at risk.

Some individuals fail to include necessary supporting documents. The I-864 must be accompanied by proof of income, such as tax returns and pay stubs. Incomplete submissions can result in requests for further evidence, prolonging the entire process.

Additionally, many overlook the requirement for co-sponsors. If your income doesn’t meet the minimum threshold, you'll need a co-sponsor who can help meet the financial criteria. Ignoring this step and submitting the form solo can lead to rejection.

A common oversight is not signing the form. It may seem trivial, but a missing signature can invalidate the whole application. It’s essential to double-check all signatures are included before submitting.

Lastly, failing to update information can be problematic. If your financial situation changes after filing, you must inform USCIS. Not doing so might complicate your case or even lead to potential legal issues later on.

Documents used along the form

The USCIS I-864 form, also known as the Affidavit of Support, plays a crucial role in the immigration process. It is primarily used to demonstrate that a sponsor can financially support a visa applicant. However, there are several other forms and documents often required alongside the I-864 to ensure a complete application. Below is a list of these essential documents.

  • I-130 Petition for Alien Relative: This form is filed by a U.S. citizen or lawful permanent resident to establish the qualifying relationship with the applicant and is usually one of the first steps in the immigration process.
  • I-485 Application to Register Permanent Residence or Adjust Status: Those applying for a green card from within the United States must submit this form. It allows eligible individuals to adjust their status to that of a lawful permanent resident.
  • Tax Returns and W-2 Forms: The sponsor must provide copies of their federal tax returns and W-2 forms for the most recent tax year to verify their income and financial stability.
  • Proof of U.S. Citizenship or Lawful Permanent Residency: This documentation confirms the sponsor’s immigration status. Acceptable forms include a U.S. passport, birth certificate, or green card.
  • Employment Verification Letter: A letter from the sponsor’s employer can serve as proof of employment and income. It should include details such as job title, salary, and length of employment.
  • Form I-864A, Contract Between Sponsor and Household Member: If a household member is contributing income to the sponsor, this form documents their willingness to support the applicant and must be submitted along with the I-864.

Submitting these accompanying documents along with the I-864 ensures a thorough review of the applicant's financial support and immigration eligibility. Each document serves a specific purpose in the overall process and helps streamline the review by USCIS.

Similar forms

  • Form I-130 - This form, known as the Petition for Alien Relative, initiates the immigration process. It establishes the relationship between a U.S. citizen or lawful permanent resident and their foreign relative, similar to how the I-864 supports a sponsored immigrant.
  • Form I-485 - The Application to Register Permanent Residence or Adjust Status enables an alien to adjust their status while in the U.S. Much like the I-864, it is part of the process that facilitates the immigrant's residency.
  • Form I-129F - This is the Petition for Alien Fiancé(e), which allows U.S. citizens to bring their fiancé(e) to the country. It shares the I-864's focus on establishing sponsorship for the foreign national.
  • Form I-751 - This is the Petition to Remove Conditions on Residence. It serves to ensure that a conditional resident's status is made permanent, similar to the assurances made in the I-864 regarding financial support.
  • Form I-864A - This form, known as the Contract Between Sponsor and Household Member, is designed for additional household members to indicate they will contribute to the immigrant's support, paralleling the obligations outlined in the I-864.
  • Form I-864EZ - A simplified version of the I-864, this form is for certain sponsors with straightforward financial situations. It retains the core purpose of demonstrating financial capability, much like the I-864.
  • Form I-140 - The Immigrant Petition for Alien Worker is used by employers to sponsor foreign workers for permanent residence. This connects to the I-864 in that both require proof of financial stability to support the immigration process.
  • Form N-400 - This form, the Application for Naturalization, allows lawful permanent residents to apply for U.S. citizenship. While it serves a different purpose, both forms involve proving eligibility and supporting oneself financially in relation to residency status.

Dos and Don'ts

When filling out the USCIS I-864 form, it’s important to follow guidelines to ensure accuracy and compliance. Here are some essential dos and don’ts to keep in mind:

  • Do provide accurate personal information, including names, addresses, and social security numbers.
  • Do clearly indicate your household size, including all members who will need support.
  • Do ensure your income is clearly documented. Include supporting evidence like tax returns and pay stubs.
  • Do sign and date the form. Your signature confirms that the information is true and complete.
  • Do review the form carefully before submission to prevent mistakes or omissions.
  • Don't leave any fields blank. If a question does not apply, indicate this with "N/A."
  • Don't submit outdated or incorrect financial documents. Always use the latest information.
  • Don't ignore the instructions provided on the form. They are designed to guide you effectively.
  • Don't submit the form without copies of essential documents. Make sure you include all required attachments.
  • Don't forget to keep copies of everything you submit for your own records.

Misconceptions

The USCIS Form I-864, known as the Affidavit of Support, plays a critical role in the immigration process for many individuals. It assures the U.S. government that an immigrant will have adequate financial support. Unfortunately, several misconceptions surround this important document. Here’s a breakdown of some common misunderstandings.

  • The I-864 is only for family-based immigrants. Many believe this form is exclusively for family-sponsored immigrants. However, it can also apply in other situations, such as when a fiancé(e) applies for a visa.
  • Anyone can be a sponsor. It is a common belief that anyone can serve as a sponsor regardless of their financial situation. In reality, sponsors must meet specific income requirements and be U.S. citizens or lawful permanent residents.
  • Income must be documented in one way only. Some think that sponsors can only prove their income through W-2 forms. Although W-2s are typical, other documents such as pay stubs, tax returns, or employment verification letters can also be acceptable.
  • The I-864 guarantees the green card will be approved. Many assume that submitting the I-864 ensures a green card approval. While it is an essential part of the application process, approval ultimately depends on various factors, including admissibility criteria.
  • Only the sponsor is financially responsible. It's not uncommon to hear that only the primary sponsor has financial responsibility. In truth, joint sponsors can also share that obligation if the primary sponsor does not meet the income requirements.
  • Taking public benefits means the sponsor will be penalized. Some worry that if their immigrant relative takes public benefits, the sponsor will be penalized. This misconception overlooks that a sponsor's obligation is to reimburse the government only if they were to claim benefits while they are still considered part of the sponsored immigrant’s household.
  • The I-864 form does not require a specific timeline. Many people think that the I-864 does not have timebound requirements. However, the support obligation typically lasts until the immigrant adjusts their status or becomes a U.S. citizen, which can sometimes span many years.
  • Sponsors must provide support regardless of their own situation. It's a common belief that sponsors must always provide financial support to the immigrant. While sponsors have an obligation, changes in personal circumstances—like job loss—may impact but do not eliminate that responsibility.
  • Filing the I-864 is a one-time event. Some individuals think submitting this form is a one-off task. In reality, financial obligations can carry on for many years and may need reevaluation if there are changes in personal circumstances.

Understanding these misconceptions can help potential sponsors better navigate the immigration process and meet their obligations more effectively.

Key takeaways

The USCIS I-864 form, also known as the Affidavit of Support, is an important document for individuals sponsoring immigrants to the United States. Here are key takeaways to understand its purpose and importance.

  1. Ensure that the form is completed accurately. Any inaccuracies could lead to delays in processing or denial of the application.

  2. The sponsor must demonstrate the financial ability to support the immigrant. This typically requires showing an income level at or above 125% of the federal poverty guidelines.

  3. It is essential to provide all required documentation, such as tax returns or W-2 forms, to substantiate the financial claims made in the affidavit.

  4. The I-864 form is legally binding. The sponsor agrees to financially assist the immigrant, ensuring that the immigrant will not rely on public benefits.

  5. The form must be submitted with other immigration paperwork, and it is advisable to keep copies for personal records.

Filling out the I-864 diligently can facilitate a smoother application process for both the sponsor and the immigrant. Understanding the obligations involved is crucial for both parties.