The USCIS I-864 form, also known as the Affidavit of Support, is a legal document required by the U.S. government to ensure that immigrants have adequate financial support. This form demonstrates that a sponsor can financially support an immigrant, preventing them from relying on public assistance. Ready to fill out the form? Click the button below.
The USCIS I-864 form, also known as the Affidavit of Support, plays a crucial role in the immigration process for family members seeking permanent residency in the United States. This form is designed to demonstrate that the sponsor—typically a U.S. citizen or lawful permanent resident—has the financial means to support the intending immigrant, ensuring they will not become a public charge. By filling out the I-864, the sponsor commits to providing financial support, which can include income from employment, assets, or other resources. The form requires detailed information about the sponsor’s income, household size, and any dependents, as well as proof of income through tax returns and pay stubs. It is essential for sponsors to understand the responsibilities that come with signing the I-864, as this legally binding document can have significant implications for both the sponsor and the immigrant. Failing to meet the income requirements or provide accurate information can lead to delays or denials in the immigration process, making it vital for sponsors to approach this form with care and thoroughness.
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 10/31/2027
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
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 immigration of my relative.
1.b.
1.c.
1.d.
1.e.
1.f.
I filed an alien worker petition on behalf of the intending immigrant,who is related to me as my
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
I am the only joint sponsor.
I am the first second of two joint sponsors.
The original petitioner is deceased. I am the substitute sponsor. I am the intending immigrant's
NOTE: 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 You (Sponsor)
1.Sponsor's Full Legal Name (Do not provide a nickname)
Family Name (Last Name)
Given Name (First Name)
Middle Name (if applicable)
Form I-864 Edition 10/17/24
Page 1 of 12
Part 2. Information About You (Sponsor) (continued)
2.Sponsor's Current Mailing Address In Care Of Name (if any)
Street Number and Name
Apt. Ste. Flr.
Number
City or Town
State
ZIP Code
Province
Postal Code
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 Number 4.
4.Sponsor's Physical Address (if different from the address above)
Other Information
5.
Country of Domicile
6.
Date of Birth (mm/dd/yyyy) 7.
Country of Birth
8.U.S. Social Security Number (Required)
►
9.Immigration Status
I am a U.S. citizen.
I am a U.S. national.
I am a lawful permanent resident.
10.Sponsor's A-Number (if any)
► A-
11.USCIS Online Account Number (if any)
Military Service (To be completed by petitioner sponsors only.)
12. I am currently on active duty in the United States Armed Forces or U.S. Coast Guard.
Page 2 of 12
Part 3. Information About the Principal Immigrant
1.Principal Immigrant's Full Legal Name (Do not provide a nickname)
2.Current Mailing Address In Care Of Name (if any)
Apt. Ste. Flr. Number
3.Country of Citizenship or Nationality
5.Alien Registration Number (A-Number) (if any)
7.Daytime Telephone Number
4.Date of Birth (mm/dd/yyyy)
6.USCIS Online Account Number (if any)
Part 4. Information About the Immigrants You Are Sponsoring
1.I am sponsoring the principal immigrant named in Part 3.
2.
No, I am sponsoring family members in Part 4. as the second joint sponsor or I am sponsoring family members
who are immigrating more than six months after the principal immigrant.
I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 3. (List family members in Item Numbers 4. - 7. 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. (List family members in Item Numbers 4. - 7.)
4. Family Member 1
Relationship to Principal Immigrant
Date of Birth (mm/dd/yyyy) Alien Registration Number (A-Number, if any)
USCIS Online Account Number (if any) ►
Page 3 of 12
Part 4. Information About the Immigrants You Are Sponsoring (continued)
Family Member 2
Date of Birth (mm/dd/yyyy)
Alien Registration Number (A-Number, if any)
Family Member 3
7.
Family Member 4
If you need additional space, use the space provided in Part 11. Additional Information.
Page 4 of 12
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:
1.Enter the total number of immigrants you are sponsoring on this affidavit which includes the principal immigrant listed in Part 3., any immigrants listed in Part 4., Item Numbers 4. - 7. and, any additional sponsored immigrants you listed in Part 11. Additional Information. Do not count the principal immigrant if you are only sponsoring family members entering more than six months after the principal immigrant.
Persons NOT sponsored in this affidavit:
2.Yourself.
3.If you are currently married, enter "1" for your spouse. (NOTE: Enter “0” if you already counted your spouse in Item Number 1.)
4.If you have dependent children, enter the number here. (NOTE: Enter “0” if you already counted your dependent children in Item Number 1.)
5.If you have any other dependents, enter the number here. (NOTE: Enter “0” if you already counted your other dependents in Item Number 1.)
6.If you have sponsored any other persons on Form I-864 or Form I-864EZ who are now lawful permanent residents and you are still obligated to support, enter the number here. (NOTE: Enter “0” if you already counted these persons in Item Number 1.)
7.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. (NOTE: Enter “0” if you already counted these persons in Item Number 1.)
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
Name of Employer 1
Name of Employer 2 (if applicable)
4.
Self-Employed as a/an (Occupation)
Retired Since (mm/dd/yyyy)
Unemployed Since (mm/dd/yyyy)
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.
Page 5 of 12
Part 6. Sponsor's Employment and Income (continued)
8.Person 1
Name
Relationship
Current Income
9.Person 2
10.Person 3
11.Person 4
If you need additional space, use the space provided in Part 11. Additional Information
12. My Current Annual Household Income (Total all lines from Part 6. Item Numbers 7. - 11.;
the total will be compared to Federal Poverty Guidelines on Form I-864P.)
13.
14.
The people listed in Item Numbers 8. - 11. 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. do not need to complete Form I-864A because he or she is the intending immigrant and has no accompanying dependents.
Federal Tax Return Information
15. Have you filed a Federal income tax return for each of the three most recent tax years?
NOTE: You MUST attach a photocopy or transcript of your Federal income tax return for only the most recent tax year and complete Item Number 16.a. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years and complete
Item Numbers 16.a. - 16.c.
Type or print the most recent tax year and your total income for that most recent tax year. If the amount was zero, type or print “zero” or if you were not required to file a Federal income tax return type or print “N/A” for not applicable. Type or print “N/A” for not applicable for Item Numbers 16.b. - 16.c. if you do are not submitting any additional tax returns.
Page 6 of 12
My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal income tax returns for the most recent year was:
16.a. Most Recent 16.b. 2nd Most Recent 16.c. 3rd Most Recent
Tax Year
Total Income
17.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.
Household Size
Poverty Guideline
Sponsor's Household Income
3
Year:
2 0
(Page 5, Line 10)
4
5
6
7
8
9
Poverty Line:
The total value of all assets, line 10, must equal 5 times (3 times for spouses and children of
USCs, 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 (if Applicable)
If your income, or the total income for you and your household, from Part 6., Item Numbers 12. or 16. exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part 7. Skip to Part 8.
Your Assets (if applicable)
Enter the balance of all cash, savings, and checking accounts.
Enter the net cash value of real-estate holdings. (Net value means 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.
Assets of your household members (if applicable)
Your household members who are combining their income with yours, report their assets on Form I-864A Part 4., in Item Number 6.
5. Add together the household members' assets reported on all the Form I-864A
TOTAL: $
Part 4., Item Number 6. and enter the number here.
Page 7 of 12
Part 7. Use of Assets to Supplement Income (if Applicable) (continued)
Assets of the principal sponsored immigrant (if applicable).
The principal sponsored immigrant is the person listed in Part 3., Item Number 1. Only include the assets if the principal immigrant is being sponsored by this affidavit of support.
Enter the balance of the principal immigrant's savings and checking accounts.
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.
9.
Add together Item Numbers 6. - 8. and enter the number here.
Total Value of Assets
10.
Add together Item Numbers 4., 5., and 9. and enter the number here.
Part 8. Sponsor's Contract, Contact Information, 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.
What If I Choose Not to Sign Form I-864?
The U.S. Government cannot make you sign Form 1-864 if you do not want to do so. But if you do not sign Form I-864, the intending immigrant may not become a lawful permanent resident in the United States.
What Does Signing Form I-864 Require Me To Do?
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, you must:
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.
Page 8 of 12
Part 8. Sponsor's Contract, Contact Information, Certification, and Signature (continued)
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.
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.
NOTE: Select the box for either Item A. or B. in Item Number 1. If applicable, select the box for Item Number 2.
Page 9 of 12
Sponsor's Statement
1.Sponsor's Statement Regarding the Interpreter
A.
B.
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.
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.,
for me based only upon information I provided or authorized.
Sponsor's Contact Information
, prepared this affidavit
Sponsor's Daytime Telephone Number
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 of my records that USCIS or DOS may need to determine my eligibility for the immigration benefit 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 immigrant indicated in Part 3. to become a lawful permanent resident 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-864EZ;
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-864EZ; and
F.I authorize the Social Security Administration to release information about me in its records to the USCIS and DOS.
Sponsor's Signature
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 request.
Page 10 of 12
Once you have gathered the necessary information, you can begin filling out the USCIS I-864 form. This process requires careful attention to detail to ensure that all information is accurate and complete. After submitting the form, you will wait for further instructions from USCIS regarding the next steps in your immigration process.
After completing the form, review it carefully for any errors or omissions. It’s important to ensure that all information is accurate before submission.
What is the USCIS I-864 form?
The USCIS I-864 form, also known as the Affidavit of Support, is a document that a sponsor must submit to demonstrate their ability to financially support an immigrant. This form is crucial in the immigration process, as it ensures that the immigrant will not become a public charge. The sponsor, typically a family member, agrees to provide financial support to the immigrant, which includes covering basic living expenses such as food, shelter, and healthcare.
Who needs to file the I-864 form?
The I-864 form must be filed by any U.S. citizen or lawful permanent resident who is sponsoring an immigrant for a green card. This includes spouses, children, parents, and siblings. If multiple sponsors are involved, each must complete a separate I-864 form. Additionally, if the sponsor does not meet the income requirements, they may need to include a joint sponsor who can also file an I-864.
What are the income requirements for the I-864 form?
The income requirement for the I-864 form is set at 125% of the Federal Poverty Guidelines for the sponsor's household size. For active duty military members sponsoring their spouse or child, the requirement is 100% of the guidelines. It's important to consider all sources of income, including wages, pensions, and any other financial support. If the sponsor's income falls short, they may use assets or a joint sponsor to meet the requirement.
What happens if the I-864 form is not filed correctly?
If the I-864 form is not filed correctly, it can lead to delays in the immigration process or even denial of the application. Common issues include missing signatures, incorrect income calculations, or failure to provide necessary supporting documents. To avoid these problems, it’s crucial to carefully review the form and ensure all information is accurate and complete before submission. If there are any uncertainties, seeking assistance from an immigration professional can be beneficial.
When filling out the USCIS I-864 form, commonly known as the Affidavit of Support, individuals often make mistakes that can delay the immigration process. One frequent error is failing to provide accurate income information. Applicants must report their total household income, including wages, bonuses, and any other sources of income. If this information is incorrect or incomplete, it can lead to complications.
Another common mistake is neglecting to include all required household members. The form requires sponsors to list everyone living in their household, including dependents. Omitting any member can raise questions about the sponsor's financial capability to support the immigrant.
Many people also forget to sign and date the form. This may seem minor, but without a signature, the application is considered incomplete. It’s essential to double-check that the form is not only filled out but also properly signed before submission.
Some applicants mistakenly assume that they can use estimated income figures. USCIS requires actual income data, not projections. Using estimates can result in the denial of the application, as it raises doubts about the sponsor’s financial stability.
Another oversight involves not providing the correct supporting documents. The I-864 form must be accompanied by proof of income, such as tax returns, pay stubs, or bank statements. Failing to include these documents can lead to delays or denials.
People sometimes miscalculate their income or household size, which can affect the poverty guidelines that determine whether the sponsor meets the financial requirements. It's crucial to ensure that these figures are accurate and reflect the current situation.
Some applicants overlook the need for translations. If any documents are not in English, they must be translated, and the translations must be certified. Submitting documents without proper translations can complicate the process.
Additionally, misunderstanding the concept of "assets" can lead to errors. While the form allows sponsors to use assets to meet the income requirement, they must be liquid assets. Many people mistakenly include non-liquid assets like real estate without proper valuation.
Lastly, individuals sometimes fail to keep copies of the completed form and all supporting documents. Keeping these records is vital for future reference and can help if any issues arise during the application process.
The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document for individuals seeking to sponsor a relative for a green card. However, several other forms and documents are often used in conjunction with the I-864 to ensure a complete application package. Below is a list of these important documents.
Understanding these additional documents can streamline the application process and improve the chances of a successful outcome. Each form plays a significant role in demonstrating financial capability and the legitimacy of the relationship between the sponsor and the immigrant.
The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document in the immigration process. It ensures that immigrants have adequate financial support and will not become a public charge. There are several other documents that serve similar purposes in various contexts. Here’s a list of eight documents that share similarities with the I-864 form:
Each of these documents plays a role in ensuring that individuals have the necessary financial backing, similar to the I-864. Understanding their functions can help navigate the immigration process more effectively.
When completing the USCIS I-864 form, it is essential to ensure accuracy and clarity. Here are some key points to consider:
The USCIS I-864 form, also known as the Affidavit of Support, is an important document for individuals sponsoring family members for immigration. However, several misconceptions surround this form. Below are seven common misunderstandings:
Understanding these misconceptions can help sponsors navigate the immigration process more effectively and ensure that they meet all necessary requirements.
The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document for individuals seeking to sponsor a relative for a green card. Here are some key takeaways to consider when filling out and using this form:
Understanding these key aspects of the I-864 form can help ensure a smoother application process for both the sponsor and the immigrant.