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Navigating the path to becoming a lawful permanent resident of the United States involves various steps and documentation, with the Affidavit of Support Under Section 213A of the INA, or Form I-864, playing a pivotal role for many applicants. This form is a legally enforceable agreement wherein a sponsor commits to supporting the immigrant financially, ensuring the person does not become a public charge. Sponsors must meet certain income thresholds, which are calculated based on household size and location, to qualify. The enforceability of this affidavit means that government agencies can claim reimbursement if the immigrant uses certain types of public benefits. It's essential for both sponsors and immigrants to understand the commitments and responsibilities entailed by this form, as well as the process for completing and submitting it correctly. Additionally, changes in the sponsor’s circumstances or the immigrant's status can have implications for the obligations under the form, highlighting the need for ongoing awareness and potentially legal guidance throughout the process.

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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 Attributes

Fact Name Description
Purpose of Form I-864 This form serves as an Affidavit of Support under Section 213A of the Immigration and Nationality Act. It is used by sponsors to show they have adequate means of financial support and are willing to support the immigrant(s) they are sponsoring.
Who Needs to File It Most family-based immigrants and some employment-based immigrants are required to have a sponsor complete and sign Form I-864. This ensures the immigrant has financial support in the United States.
Legal Binding Nature The form creates a legally binding contract between the sponsor (and any joint sponsor) and the U.S. government, ensuring the sponsored immigrant will not become a public charge.
Duration of Commitment The sponsor's commitment to support the immigrant is usually considered binding until the sponsored immigrant becomes a U.S. citizen, can be credited with 40 quarters of work (usually 10 years), leaves the United States permanently, or dies.
Governing Law Form I-864 is governed by federal law, specifically Section 213A of the Immigration and Nationality Act. There are no state-specific laws that apply to this form since immigration is a matter controlled by the federal government.

How to Fill Out USCIS I-864

After a visa application is submitted, the U.S. Citizenship and Immigration Services (USCIS) often requires a Form I-864, Affidavit of Support. This legal document is crucial as it acts as a pledge by a U.S. citizen or lawful permanent resident to support the immigrant. It's a way to show the government that the immigrant will not become a public charge. Careful completion of this form is essential to avoid any delays or issues in the process. The steps below outline how to accurately complete the I-864 form to move forward with confidence.

  1. Start by downloading the latest version of Form I-864 from the USCIS website to ensure you have the most current requirements and instructions.
  2. Read the instructions provided by USCIS for the I-864 carefully before filling out the form. This will help you understand the necessary documentation and information required.
  3. Fill out Part 1, providing all requested information about the immigrant you are sponsoring. Ensure accurate details to avoid complications.
  4. In Part 2, input your information as the sponsor. Complete every field with your current, accurate data.
  5. Complete Part 3 with information on family members, if applicable. Include anyone you are currently sponsoring, as well as anyone else in your household who depends on your income.
  6. For Part 4, provide your employment and income details. You may need to attach tax documents or employment letters as proof of your income, so prepare these in advance.
  7. In Part 5, list any assets that will help meet income requirements, if necessary. This could include bank accounts, real estate, stocks, and bonds.
  8. Complete Part 6 with details of any additional sponsors, if you're using a joint sponsor to meet the income requirements.
  9. Ensure you sign and date the form in Part 8. An electronic signature is not accepted, so you must print the form and sign it by hand.
  10. Gather all supporting documents requested in the instructions, including proof of your income, federal tax returns, and evidence of your U.S. citizenship or permanent resident status.
  11. Review the form and documents. Make sure all information is correct and matches the supporting documents. Any discrepancy can cause delays.
  12. Mail the completed form along with all required supporting documents to the address provided by USCIS for the I-864 form submissions. Keep copies of everything you send for your records.

After submitting the form and supporting documents, you will receive a notice from USCIS acknowledging receipt. Depending on the case, they may request additional information. Make sure to respond promptly to any requests by USCIS to avoid delays in the processing of the immigrant’s visa application. Patience is key during this phase as processing times can vary based on several factors.

More About USCIS I-864

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

    The USCIS I-864 form, commonly known as the Affidavit of Support, serves a crucial role in the immigration process for those seeking to become permanent residents (green card holders) through family sponsorship. Its main purpose is to prove that the green card applicant will not become a public charge, which means a financial burden on U.S. taxpayers. The sponsoring family member, who is usually a U.S. citizen or a lawful permanent resident, uses this form to show that they have sufficient financial resources and are willing to support the immigrant financially for a specified period. This commitment helps ensure that the immigrant has adequate means of support and is unlikely to rely on government assistance.

  2. Who needs to fill out the USCIS I-864 form?

    The USCIS I-864 form must be completed by the sponsor of the immigrant seeking to obtain a green card. Typically, this is a family member who is either a U.S. citizen or a lawful permanent resident. The requirement to fill out this form applies to most family-based green card applications and some employment-based applications when a family member has petitioned for the immigrant or has a significant ownership interest in the company that did the petitioning. Additionally, a joint sponsor might need to fill out the form if the primary sponsor does not meet the financial requirements alone.

  3. What are the financial requirements for a sponsor on the I-864 form?

    A sponsor must demonstrate that their income is at least 125% of the Federal Poverty Guidelines for their household size, including the sponsored immigrant. For residents of Alaska and Hawaii, slightly higher income thresholds apply due to the higher cost of living in these states. The U.S. government updates these guidelines annually. A sponsor can include their own income, as well as income from other household members if it will continue from the same source after the sponsored immigrant moves to the United States, and the household member has signed a form I-864A agreeing to support the immigrant.

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

    If a sponsor fails to provide the promised financial support, the sponsored immigrant or a government agency that has provided public benefits to the immigrant can take legal action against the sponsor. This could involve suing the sponsor for reimbursement of the benefits or enforcing the support provisions of the I-864 form. It's important to note that the obligations under this affidavit continue until the sponsored immigrant becomes a U.S. citizen, can be credited with 40 quarters of work, leaves the United States permanently, or dies. Divorce does not terminate the obligations.

  5. Can the obligations of the I-864 form be withdrawn once it's submitted?

    Once the I-864 form has been submitted, the obligations it imposes cannot be withdrawn if the sponsored immigrant has already become a permanent resident. The sponsor's financial responsibility continues until the immigrant becomes a U.S. citizen, works 40 qualifying quarters, permanently leaves the U.S., or passes away. However, if the sponsoring process has not yet resulted in the issuance of a green card, the sponsor might be able to withdraw their affidavit of support before the immigrant becomes a permanent resident. This requires notifying the appropriate immigration authorities in writing. It's crucial to understand that this option ceases once the green card process is finalized.

Common mistakes

The USCIS I-864 form, or the Affidavit of Support, is a critical document used in the immigration process, serving as a legal contract between the sponsor and the U.S. government. The sponsor pledges to support the immigrant financially to ensure they do not rely on public benefits. However, a significant number of errors can occur when completing this form, leading to delays or denials. Understanding these mistakes is key to a smooth immigration process.

  1. Not Updating Personal Information: Applicants often forget to update their personal information if anything changes after the initial filing. This includes changes in address, employment, or financial status, which are crucial for the USCIS’s assessment.

  2. Failing to Include All Required Evidence: The I-864 form requires specific documentation to verify income and assets. Omitting necessary tax returns, employment letters, or asset statements is a common error that can halt the process.

  3. Incorrect Income Reporting: Sponsors sometimes inaccurately report their income, either by mistake or misunderstanding the definition of 'total income' as defined by the IRS. This mistake can lead to questions about their ability to support the immigrant.

  4. Not Meeting Income Requirements: A fundamental requirement is that the sponsor's income meets or exceeds 125% of the Federal Poverty Guidelines. Sponsors often miss this detail, submitting applications without the necessary financial capacity.

  5. Using the Wrong Form Version: USCIS updates its forms periodically. Using an outdated version of the I-864 can result in the entire application being rejected.

  6. Signing the Form Incorrectly: The I-864 requires a wet signature, and electronic or typed signatures are not accepted. Furthermore, failing to sign the form altogether is a simple yet critical oversight.

  7. Underestimating the Importance of the Form: Some sponsors do not fully comprehend the legal implications of the affidavit, including the long-term financial commitment to the immigrant. This underestimation can lead to issues in the future if they are not prepared to fulfill these obligations.

Correctly filling out the USCIS I-864 form is an important step in ensuring the immigration process proceeds without unnecessary obstacles. Avoiding these common mistakes can save time and reduce the likelihood of application rejection.

Documents used along the form

When individuals or families initiate the process of sponsoring an immigrant to the United States, the USCIS Form I-864, also known as the Affidavit of Support, becomes a critical document. This form serves as a legal contract between the sponsor and the U.S. government, ensuring the immigrant will have adequate financial support and not become a public charge. However, to complete this process, several other forms and documents are often required to support the information provided in the I-864 form. These documents are vital for establishing the sponsor’s financial stability and commitment to supporting the immigrant.

  • Form I-485 - Application to Register Permanent Residence or Adjust Status: This form is used by an applicant who is already in the United States to apply for lawful permanent resident status. It often accompanies the I-864, as it requires information about the sponsor’s ability to support the immigrant.
  • Form W-2 - Wage and Tax Statement: This document is submitted alongside the I-864 to provide evidence of the sponsor's income. It shows the sponsor's earnings and taxes paid over the previous year, which helps USCIS assess the sponsor’s ability to financially support the immigrant.
  • Form 1040 - U.S. Individual Income Tax Return: This is the standard IRS form for individual income tax filers in the United States. When submitted with the I-864, it provides a comprehensive picture of the sponsor's financial status, including income, deductions, and tax payments, further supporting their financial commitment.
  • Proof of U.S. Citizenship or Permanent Residence: The sponsor must also provide evidence of their legal status in the United States, such as a birth certificate, naturalization certificate, or green card. This documentation is essential to verify the sponsor’s eligibility to commit to the affidavit of support.

Correctly assembling and submitting these forms and documents are foundational steps in the immigration sponsorship process. They provide a detailed financial portrait of the sponsor, ensuring the government that the sponsored immigrant will have the necessary support upon arriving in the United States. Each document plays a specific role in establishing the sponsor's commitment and financial ability, making them indispensable complements to the Affidavit of Support.

Similar forms

  • I-134, Affidavit of Support: Both the I-864 and I-134 forms serve a similar purpose in demonstrating that an immigrant will not become a public charge by ensuring a sponsor commits financially to supporting the immigrant. However, the I-134 is generally used for nonimmigrant visas, such as tourist or student visas, whereas the I-864 is utilized in the context of obtaining immigrant visas or adjusting status to permanent resident.

  • DS-260, Immigrant Visa Electronic Application: The DS-260 form is similar to the I-864 in that it's a crucial step in the green card process for those applying from outside the United States. While the DS-260 collects personal information to determine eligibility for an immigrant visa, the I-864 ensures the applicant has financial support in the U.S. Both forms are integral to the consular processing pathway.

  • Form I-130, Petition for Alien Relative: This form works in conjunction with the I-864 in family-based immigration processes. The I-130 petition establishes the relationship between the U.S. citizen or lawful permanent resident and the foreign relative. Upon approval, the I-864 comes into play to prove the petitioner has adequate means to support the immigrant, ensuring the immigrant does not rely on public benefits.

  • Form I-485, Application to Register Permanent Residence or Adjust Status: Like the I-864, the I-485 is a staple in the adjustment of status process for those already in the United States. While the I-485 application allows an individual to apply for lawful permanent resident status, the I-864 form ensures that the applicant has a financial sponsor in the country. This sponsorship is vital for the approval of the I-485 application.

  • Form I-751, Petition to Remove Conditions on Residence: The I-751 and I-864 forms intersect for individuals who gained conditional permanent residence through marriage. The I-751 is used to remove the conditions on residence after two years, proving the marriage was entered in good faith. At the initial stage, the I-864 affidavit of support would have been submitted to establish financial backing for the immigrant spouse, thereby aiding in the transition to unconditional permanent residency.

Dos and Don'ts

When filling out the USCIS I-864 form, commonly known as the Affidavit of Support, it's crucial to ensure accuracy and completeness to avoid processing delays or denials. Here's a list of things you should and shouldn't do.

Do:
  1. Read the instructions carefully before you start filling out the form. This form is a legal document, and understanding every instruction is crucial to complete it accurately.
  2. Ensure all information is completely accurate. Any misinformation, even if it is unintentional, can lead to severe consequences.
  3. Use black ink if filling out the form by hand. This makes the form easier to read for USCIS officers and reduces the chance of mistakes during processing.
  4. Include all required supporting documents that are listed in the instructions. These might include tax returns, employment letters, and proof of U.S. citizenship or permanent resident status.
  5. Keep a copy of the completed form and all documents you submit for your records. This is important in case USCIS has any questions or if there is any issue with the application.
  6. Consult with an immigration attorney if you have any doubts or complex situations. Sometimes the guidance of a professional can save you from making costly mistakes.
Don't:
  • Rush through the application without double-checking each section for accuracy and completeness. Mistakes can delay the process or impact the outcome adversely.
  • Leave any sections blank. If a question does not apply to you, it is advisable to write “N/A” (not applicable) rather than leaving it empty, to indicate that you did not overlook the question.
  • Alter the form's format or try to submit a downloaded form that could be outdated. Always use the latest version of the form from the USCIS website.
  • Forget to sign the form. An unsigned form will be rejected. Ensure that every required signature is provided, including those of a co-sponsor if applicable.
  • Overlook the need to update your information if circumstances change. If significant changes occur between the time you submit the form and the processing, you must inform USCIS.
  • Assume supporting documents in a foreign language don’t need translation. All documents in languages other than English must be accompanied by a full English translation certified by the translator.

Misconceptions

The USCIS I-864 form, also known as the Affidavit of Support, is a document integral to the immigration process for those seeking permanent residency in the United States through family sponsorship. Despite its significance, there are several misconceptions surrounding the I-864 form. By clarifying these misunderstandings, individuals can better navigate the complexities of the immigration process.

  • Misconception #1: The I-864 form is optional for family-based immigration applicants. In reality, this document is mandatory for most family-based applications. It acts as a legally binding agreement, where the sponsor pledges financial support to the beneficiary, ensuring that the immigrant does not rely on public benefits.
  • Misconception #2: Any family member can be a sponsor. Not all family members are eligible to be sponsors. The sponsor must be a U.S. citizen or a lawful permanent resident who is at least 18 years of age and has an income of at least 125% of the Federal Poverty Guidelines.
  • Misconception #3: Once filed, the obligations under the I-864 can be easily terminated. The sponsor’s financial responsibilities under the I-864 continue until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work (usually 10 years), dies, or permanently leaves the United States. Divorce does not terminate the obligations.
  • Misconception #4: The I-864 doesn’t apply if the immigrant finds employment. Even if the immigrant beneficiary secures employment, the sponsor’s financial obligations under the I-864 remain in effect. The form creates a legal obligation to support the immigrant at an income level at least 125% above the Federal Poverty Line, regardless of the immigrant’s employment status.
  • Misconception #5: Filing the I-864 makes the sponsor financially responsible for the immigrant’s past public benefits use. The affidavit of support does not make the sponsor responsible for reimbursing the government for public benefits that the immigrant may have previously used. Its purpose is to prevent future dependency on public benefits.
  • Misconception #6: The sponsor’s assets cannot be considered when meeting income requirements. In fact, the sponsor’s assets can be used to meet the income requirements of the I-864. If the sponsor’s annual income does not reach the necessary threshold, assets such as savings accounts, stocks, and properties may help in fulfilling the financial requisites.
  • Misconception #7: Only the primary sponsor’s income is considered. Joint sponsors can also sign the I-864 to meet the income requirements. If the primary sponsor does not meet the income threshold, a joint sponsor who meets all the eligibility criteria can submit a separate I-864 to help support the application.
  • Misconception #8: The I-864 form is the same as the I-864W. The I-864 and I-864W forms serve different purposes. The I-864W or the Intending Immigrant's Affidavit of Support Exemption is filed instead of the I-864 in cases where the immigrant can be classified as an “exempt individual.” This includes certain adopted children and self-petitioning widows or widowers, among others.

Key takeaways

The USCIS I-864 form, also known as the Affidavit of Support, plays a crucial role in the immigration process for individuals seeking to become permanent residents in the United States through family sponsorship. Understanding how to correctly fill out and use this form can help ensure a smoother path towards achieving this goal. Here are four key takeaways about the I-864 form:

  • The I-864 form is a legally binding document that demonstrates a sponsor's ability and commitment to support the immigrant financially. A sponsor must show that their income meets or exceeds 125% of the Federal Poverty Guidelines for their household size, except for those on active duty in the Armed Forces sponsoring immediate family members, where it's 100%.
  • Accuracy and completeness are paramount when filling out the form. Providing incorrect information or omitting necessary details can lead to delays or the denial of the application. It's critical to follow the instructions closely and double-check all entered information.
  • Supporting documents are required alongside the I-864 form, including the most recent year's tax return, proof of income, and evidence of the sponsor's U.S. citizenship or permanent residency. These documents help verify the financial information provided in the affidavit.
  • Should the sponsored individual receive certain types of public assistance after becoming a permanent resident, the government may seek reimbursement from the sponsor. Signing the I-864 form commits the sponsor to a financial relationship with the U.S. government until the sponsored immigrant becomes a U.S. citizen, has worked for 40 quarters credited towards Social Security, leaves the United States permanently, or passes away.
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