Free USCIS I-864 PDF Form Access Your Document Online

Free USCIS I-864 PDF Form

The USCIS I-864 form, officially known as the Affidavit of Support under Section 213A of the INA, is a document used to demonstrate that an immigrant applying for a green card has adequate financial support in the United States. This is a critical step in the immigration process, ensuring that the immigrant will not become a public charge. For detailed instructions and assistance on filling out the form, click the button below.

Embarking on the journey of sponsoring someone for a U.S. green card is a process filled with paperwork, of which the USCIS I-864 form, or Affidavit of Support, plays a critical role. This binding legal document is a testament from the sponsor, usually a family member or employer, to the U.S. government, promising to financially support the immigrant. Its primary purpose is to assure the government that the immigrant will not become a public charge, which means not needing to rely on government financial assistance. The form requires sponsors to provide detailed information about their finances, including income, assets, and liabilities, to demonstrate they have the financial means to support the immigrant. Furthermore, signing the I-864 form places a significant legal responsibility on the sponsor, implying that they are willing to reimburse any agencies from which the immigrant might receive public benefits. The complexity and importance of the form underline the sponsor's commitment to the immigrant's successful integration in the United States, making it a not just a formality but a substantial pledge of support.

USCIS I-864 Preview

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

Document Specs

Fact Name Description
Purpose The USCIS Form I-864, Affidavit of Support Under Section 213A of the INA, is a legally enforceable contract where a sponsor agrees to provide financial support to a foreign national who is applying for a green card.
Requirement for Sponsors Sponsors must demonstrate that they have income or assets to support the immigrant at 125% of the Federal Poverty Guidelines.
Joint Sponsors If the primary sponsor does not meet the income requirements, a joint sponsor who can meet the requirements may also submit a Form I-864.
Validity Period The obligation generally lasts until the sponsored immigrant becomes a U.S. citizen, has earned 40 quarters of work, leaves the U.S. permanently, or dies.
Termination of Obligation The sponsor's financial responsibility under the Form I-864 ends if either the sponsor or the immigrant dies, or if the immigrant becomes a U.S. citizen, departs the U.S. permanently, or is credited with 40 quarters of work (usually 10 years).
Governing Law The Affidavit of Support is governed by U.S. federal law, specifically the Immigration and Nationality Act (INA).

USCIS I-864: Usage Guide

Filling out the USCIS I-864 form is a necessary step for individuals sponsoring a family member for U.S. permanent resident status, also known as a green card. This form demonstrates the sponsor's ability and promise to support the immigrant financially, ensuring they do not rely on public benefits. While the form might seem daunting at first, breaking it down step by step can simplify the process. Here's what you need to do to complete the USCIS I-864 accurately:

  1. Gather necessary documents including your most recent federal income tax returns, W-2s, and proof of current employment or income. These documents will support the financial information you'll be reporting.
  2. Begin with Part 1, providing information about yourself, the sponsor. Fill in your full name, address, and other basic details accurately as they appear on your official documents.
  3. In Part 2, detail the immigrants you are sponsoring. Include their full names and A-Numbers if they have one. If you're sponsoring more than one person, make sure to follow the instructions for including additional immigrants.
  4. Move to Part 3 to document your employment and income. Here you will report your current job, salary, and any additional sources of income such as dividends or pensions. Be truthful and precise, as you'll need to provide evidence later.
  5. Part 4 is where you include information about your household size. Count yourself, the family members you're sponsoring, any dependents, and others living with you whom you support financially. This number is crucial for determining the income requirement you must meet.
  6. Complete Part 5 by listing any assets that you want to include to supplement your income if your current income doesn't meet the necessary threshold. This might include savings accounts, real estate, stocks, and bonds. Remember, the total value of your assets needs to be at least three times the difference between your household income and the required income level.
  7. In Part 6, if applicable, provide information about a household member who is co-sponsoring the immigrant with you. This section requires similar financial information as provided for yourself.
  8. Review Part 7, indicating if you've used an interpreter or received help filling out the form. If someone assisted you, include their information as requested.
  9. Ensure you sign and date Part 8 of the form. An unsigned form will not be accepted. If you're preparing the form for someone else, you also need to sign and date in the designated spots indicating your relationship to the sponsor.
  10. After completing the form, double-check all information for accuracy and completeness. Attach all required evidence, including your tax returns, proof of income, and any relevant supporting documents.
  11. Finally, submit the form to the USCIS following their submission guidelines, which usually involve mailing it to the specified address along with any applicable fees or supporting documentation.

Once you've submitted your form, you will receive a notice of receipt from the USCIS. Following that, keep an eye out for any further communication, which may include requests for additional information, an interview, or the final decision regarding your application. Remember, accuracy and honesty in your application are key to a smooth process.

Frequently Asked Questions

  1. What is the USCIS I-864 Form and who needs to fill it out?

    The USCIS I-864 Form, also known as the Affidavit of Support, is a document that a visa applicant’s sponsor (usually a family member) fills out to accept financial responsibility for the person immigrating to the United States. This form is primarily used in family-based immigration applications to ensure that the immigrant will not become a public charge, which means they won’t depend on government welfare because they have a sponsor in the U.S. who is willing and able to support them financially.

  2. What are the requirements to be a sponsor?

    To be a sponsor and fill out the USCIS I-864 Form, individuals must meet several requirements. They must be a U.S. citizen or a lawful permanent resident, be at least 18 years old, and have a domicile in the United States or territories. Sponsors must also prove that their income is at least 125% of the Federal Poverty Guidelines for their household size, unless they are on active duty in the U.S. Armed Forces, and are sponsoring their spouse or child, in which case the requirement is 100% of the Federal Poverty Guidelines.

  3. What documentation do I need to submit with Form I-864?

    When submitting Form I-864, sponsors must provide documentation proving their ability to support the immigrant. These documents include their most recent U.S. federal income tax return, proof of current employment, and evidence of income (such as pay stubs, if available). Sponsors can also submit proof of assets, which can help meet the income requirement, especially if their actual income falls short of the 125% guideline.

  4. Can more than one person sponsor an immigrant?

    Yes, if a single sponsor does not meet the income requirements, joint sponsors can fill out additional I-864 forms. Each joint sponsor must independently meet the income requirements for their household size, rather than combined incomes counting towards the requirement. Joint sponsors must also be U.S. citizens or permanent residents, at least 18 years old, and live in the U.S. or its territories.

  5. What happens if the sponsor does not fulfill their financial obligations?

    If the sponsor fails to provide the promised financial support, the immigrant or any federal, state, or local agency that has provided public benefits to the immigrant can sue the sponsor for reimbursement. The sponsor’s obligation typically lasts until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work, leaves the United States permanently, or dies. However, divorce from the immigrant does not terminate the obligation.

  6. How does a change in address affect the I-864 Form?

    If a sponsor moves, they are required by law to notify the USCIS within 30 days of their change of address using Form I-865, Sponsor’s Notice of Change of Address. Failure to comply with this requirement can result in a fine. It’s crucial for maintaining the validity of the sponsorship and ensuring that all correspondence from the USCIS is received promptly.

  7. Can the I-864 be withdrawn after submission?

    Yes, the I-864 can be withdrawn before the sponsored immigrant becomes a lawful permanent resident (before the green card is issued). To do this, the sponsor must send a written notice to the USCIS. However, once the immigrant becomes a lawful permanent resident, the sponsor’s responsibilities are usually locked in until the conditions described previously are met.

Common mistakes

Completing the USCIS I-864 form, or Affidavit of Support, is a vital step for many individuals and families during the immigration process. It's important to approach this form with care, as errors can delay or even derail the application. Below are eight common mistakes people make when filling out the USCIS I-864 form.

  1. Not filling out the form completely: Every question on the I-864 form must be answered. Leaving sections blank can lead to processing delays. If a question does not apply, the appropriate response is to mark it with “N/A” for not applicable.

  2. Incorrect financial information: Providing inaccurate financial details can cause significant issues. It's crucial to double-check all figures, such as your income, and ensure they match the supporting documents you’re submitting.

  3. Failing to include all required supporting documents: The I-864 form requires various supporting documents, such as tax returns and employment letters. Missing documents can result in the need for further evidence requests or outright denial.

  4. Not updating personal information: If there have been any changes to your personal information, such as an address or name change, since submitting the form, it's critical to update USCIS promptly.

  5. Using outdated forms: USCIS periodically updates its forms. Filing an application with an outdated form can lead to rejection. Always check the USCIS website for the most current version.

  6. Signing in the wrong place: The I-864 form has designated sections for signatures. Signing in the incorrect section or not signing at all can invalidate the entire application.

  7. Underestimating the Poverty Guidelines: It's vital to ensure that your income meets or exceeds the 125% of the Federal Poverty Guidelines. Misunderstanding or underestimating these guidelines can lead to your application being deemed insufficient.

  8. Incorrectly calculating household size: The household size includes not just those living in the home but also anyone you are sponsoring on this form and, in some cases, any other individuals for whom you have previously submitted an affidavit of support.

When faced with legal documents such as the USCIS I-864 form, it's understandable to feel overwhelmed. To avoid these common mistakes, take the time to review each section carefully, consult the accompanying instructions, and consider seeking assistance if you're unsure about any part of the process. Ensuring accuracy and completeness in your application can help facilitate a smoother path through the immigration process.

Documents used along the form

When applying for a visa or adjusting status in the United States, the USCIS Form I-864, also known as the Affidavit of Support, is often just one of several documents required to complete the process. This form serves as a legally enforceable agreement where a sponsor agrees to support the immigrant financially. However, to successfully navigate through the immigration process, several other forms and documents are typically used alongside the I-864 to provide comprehensive evidence and information pertinent to an individual's case. The following list presents some of these key documents, detailing their purpose and relevance in the immigration journey.

  • Form I-485 (Application to Register Permanent Residence or Adjust Status): This form is essential for individuals already in the United States seeking to adjust their status to that of a lawful permanent resident (green card holder). It is commonly filed in conjunction with the I-864 when the applicant has a family member or employer sponsoring their adjustment of status.
  • Form I-130 (Petition for Alien Relative): A necessary document for U.S. citizens or lawful permanent residents who wish to bring a family member to the United States. The I-130 establishes the existence of a valid family relationship. It is typically the first step before filing the I-864 as part of the process to obtain a green card for the relative.
  • Form I-765 (Application for Employment Authorization): This form is used by individuals who are in the process of adjusting their status or applying for certain visas to request permission to work in the U.S. while their cases are being processed. Employment authorization is a crucial step for many immigrants awaiting the outcome of their applications.
  • Form I-131 (Application for Travel Document): Often submitted along with the adjustment of status application, this form allows individuals to travel internationally and re-enter the U.S. while their application is pending. It's critical for applicants who may need to travel for emergencies, work, or family reasons.
  • Form I-693 (Report of Medical Examination and Vaccination Record): Required for immigrant visa applicants and some nonimmigrant visa applicants, this form completed by a designated civil surgeon provides proof of required vaccinations and medical examinations. It’s a crucial part of ensuring public health and safety standards are met.
  • Form DS-260 (Immigrant Visa and Alien Registration Application): Used by individuals applying for an immigrant visa through a U.S. embassy or consulate abroad. This online form is a key step in consular processing, which involves interviews and document submissions, including the I-864 for family-based applications.

The journey through the U.S. immigration system involves multiple steps and the careful preparation of various forms and documents. The I-864 Affidavit of Support is a significant piece of the puzzle, yet it does not stand alone. Each document plays its role, from establishing relationships and eligibility to ensuring health and safety standards are met. Applicants must pay close attention to the details and requirements of each form to navigate the process successfully. This can often involve seeking legal advice or assistance to ensure all paperwork is correctly completed and submitted.

Similar forms

  • I-134, Affidavit of Support Under Section 213A of the Act: This document, like the I-864, is an affidavit of support used in immigration cases. While the I-864 is typically required for family-based immigrants and some employment-based immigrants to show that they will not become a public charge, the I-134 is used for visitors, fiancé(e)s, and other non-immigrants to assure the same. Both forms serve the purpose of establishing a sponsor's financial responsibility for the immigrant.

  • DS-260, Immigrant Visa Electronic Application: The DS-260 form is another critical document in the immigration process, specifically for those seeking to obtain immigrant visas from outside the United States. While it differs in purpose from the I-864—which focuses on financial support—the DS-260 shares the goal of ensuring immigrants meet certain conditions before entering the U.S. Both forms are part of the vetting process to maintain the integrity of immigration procedures.

  • I-129F, Petition for Alien Fiancé(e): Similar to the I-864 in the context of family-based immigration, the I-129F allows U.S. citizens to bring their foreign fiancé(e)s to the United States. Both documents are essential for uniting families; however, the I-129F focuses on the relationship aspect, while the I-864 addresses the financial commitment to support the incoming family member.

  • I-140, Immigrant Petition for Alien Worker: The I-140 form is used by employers to petition for foreign workers to become permanent residents based on employment. Like the I-864, the I-140 is pivotal for certain classes of immigrants to obtain green cards, albeit through a different path. Both are foundational in the process of immigrating to the U.S., each serving unique roles in either family or employment-based immigration routes.

  • N-400, Application for Naturalization: While the N-400 form is the last step in the journey to U.S. citizenship rather than a part of the green card process, it is akin to the I-864 in its significance to the applicant. Both forms are critical milestones in an immigrant's path— the I-864 in securing permanent residence and the N-400 in achieving citizenship. Each represents a commitment: one financial, the other to the responsibilities and privileges of U.S. citizenship.

Dos and Don'ts

Filling out the USCIS I-864 form, also known as the Affidavit of Support, is a crucial step for individuals sponsoring a family member for United States residency. Here are some key dos and don'ts to help ensure the process goes smoothly.

Do:

  1. Verify the most current form version on the USCIS website before you begin. Immigration forms are updated periodically, and submitting an outdated version can result in delays.
  2. Provide accurate and complete information. Incomplete forms or those with incorrect information can lead to processing delays or even denials.
  3. Include all required supporting documents. These can vary depending on individual circumstances but generally include tax returns, proof of income, and evidence of your relationship to the applicant.
  4. Use black ink if filling out the form by hand. This helps ensure legibility and prevents issues with document scanning.
  5. Keep a copy of the completed form and all documents submitted for your records. This can be invaluable if there are questions or issues during processing.

Don't:

  1. Leave sections blank. If a section does not apply, it’s important to write “N/A” (not applicable) or “None,” as appropriate.
  2. Guess on dates or figures. If uncertain, take the time to verify the information. Accuracy is crucial for every detail you provide.
  3. Sign the form electronically if mailing it. USCIS requires original signatures on mailed forms, whereas electronic forms submitted through the USCIS website may have different requirements.
  4. Forget to list all dependents. This includes those not immigrating with the beneficiary. All household members should be accounted for to accurately assess your financial responsibility.
  5. Ignore the poverty guidelines. Your income must meet or exceed 125% (100% for military sponsors) of the Federal Poverty Guidelines for your household size to qualify as a sponsor.

Misconceptions

The USCIS Form I-864, also known as the Affidavit of Support, is a document that plays a critical role during the process of sponsoring a family member for U.S. permanent residency. However, there are many misconceptions surrounding this form. It's important to dispel these myths to navigate the immigration process effectively.

  • Signing the I-864 is a mere formality. Many people believe that the I-864 is simply a part of the immigration paperwork with no real implications. This is not the case. By signing this form, the sponsor is making a legally binding commitment to support the immigrant financially. If the immigrant receives certain types of public assistance, the agency providing the assistance can require the sponsor to repay the cost.
  • Any U.S. citizen can sponsor an immigrant. Not all U.S. citizens are eligible to be sponsors. The sponsor must prove that their income is at least 125% of the Federal Poverty Guidelines for their household size, including the sponsored immigrant. This is to ensure the sponsor has the financial ability to support the immigrant.
  • The obligation ends when the immigrant becomes a U.S. citizen. It's commonly misunderstood that the sponsor's financial responsibility ends when the immigrant naturalizes. In fact, the obligation can end under specific conditions: if the immigrant becomes a U.S. citizen, earns 40 quarters of work (usually 10 years), dies, or permanently leaves the United States.
  • Divorce nullifies the sponsorship agreement. A divorce between the sponsor and the immigrant does not terminate the sponsorship agreement. The financial responsibility continues until one of the previously mentioned conditions is met, regardless of the marital status.
  • The sponsor is responsible for all of the immigrant's debts. This belief is incorrect. The sponsor's financial responsibility is limited to ensuring the immigrant does not become a public charge. It does not extend to the immigrant's personal debts unless specifically agreed upon in a separate arrangement.
  • Only one I-864 form is needed per family. Each immigrating adult must have a separate sponsor or a joint sponsor if the primary sponsor does not meet the income requirements. This means, for families, a separate I-864 form is required for each adult family member being sponsored, although minors included in their parents' application do not need separate forms.

Key takeaways

The USCIS I-864 form, known as the Affidavit of Support, plays a crucial role in the process of sponsoring an immigrant wishing to become a permanent resident in the United States. Understanding the nuances of this document can significantly streamline the immigration process. Here’s what you need to know:

  • Legally Binding Commitment: By filling out the I-864 form, the sponsor is making a legal promise to support the immigrant financially. This is to ensure that the immigrant doesn't become a public charge, or dependent on government assistance.
  • Income Requirements: Sponsors must meet certain income requirements, generally at least 125% of the Federal Poverty Guidelines for their household size, including the intending immigrant. It's important to verify the most current requirements.
  • Use of Assets: If the sponsor’s income does not meet the necessary threshold, assets such as savings, property, and stocks can be used to make up the difference. However, the value of these assets must be at least five times the difference between the sponsor’s income and the required income level, unless the sponsor is a U.S. citizen sponsoring their spouse or child.
  • Joint Sponsors: In cases where the primary sponsor does not meet the income requirements, a joint sponsor can fill out an additional I-864 form. Each sponsor is independently responsible for the financial obligations.
  • Documenting Income and Assets: Sponsors must provide proof of their income, usually in the form of tax returns, W-2 forms, and pay stubs. Evidence of assets needs to be well-documented as well.
  • Duration of Financial Responsibility: The sponsor's financial responsibility generally lasts until the immigrant becomes a U.S. citizen, has earned 40 quarters of work (approximately 10 years), dies, or permanently leaves the U.S.
  • Change of Address Reporting: Sponsors are required to inform USCIS of any change in their address within 30 days of moving. This is done by filing Form I-865.
  • Withdrawal of Support: Once the Affidavit of Support is submitted, it is very difficult to withdraw. The obligation typically remains in effect until one of the conditions for termination, as outlined above, is met.
  • Enforceability: The Affidavit of Support is legally enforceable. The sponsored immigrant can sue the sponsor if the sponsor fails to provide the financial support as promised.
  • Importance of Accuracy: The information provided in the I-864 form must be accurate and truthful. Providing false information can lead to legal consequences for both the sponsor and the immigrant.

Completing the I-864 form is a significant step that requires careful attention to detail and a deep understanding of the responsibility it entails. It's advisable to consult with immigration professionals to ensure compliance with all requirements and to navigate the process smoothly.

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