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USCIS I-864 Form

The USCIS I-864 form, also known as the Affidavit of Support, is a legally binding contract an individual signs to accept financial responsibility for a foreign national coming to live permanently in the United States. This form ensures that the immigrant does not become a public charge, reaffirming the sponsor's commitment to support the individual. For more guidance on how to fill out this crucial document, click the button below.

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USCIS I-864 Form

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Table of Contents

When individuals seek permanent residency in the United States through family-based immigration, a crucial step involves providing assurance to the U.S. government that they will not become reliant on public assistance. This assurance is formalized through the Affidavit of Support, known officially as Form I-864, which is mandated by the United States Citizenship and Immigration Services (USCIS). The form acts as a legally enforceable agreement between the sponsor (typically a family member who is a U.S. citizen or lawful permanent resident) and the U.S. government, whereby the sponsor promises to support the intending immigrant financially. This commitment underscores the principle that newcomers have a support system to rely on, minimizing the risk of dependency on government resources. Understanding the Form I-864 is essential not just for the sponsor, who must meet certain income requirements to be eligible, but also for the immigrant, whose future in the U.S. hinges on this vital piece of the immigration process. It embodies the intersection of immigration policy and familial responsibility, reflecting broader themes of support, reliability, and commitment within the framework of U.S. immigration law.

Sample - USCIS I-864 Form

	Affidavit of Support Under Section 213A of the INA	USCIS
	Affidavit of Support Under Section 213A of the INA	Form I-864
	Department of Homeland Security	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

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

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.
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:

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
Person 2
11.	Name

12.	Relationship

13.	Current Income	$
13.	Current Income	$

Person 3

14.Name

15.Relationship

16. Current Income

Person 4

3. Name of Employer 2 (if applicable)		17. Name

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.b. 2nd Most Recent		$
24.c. 3rd 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)
	1	2	3
USCIS	4	5	6			$
USCIS
Use
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	7	8	9		Poverty Line:
Only						USC's, or 1 time for orphans to be formally adopted in the U.S.) the difference between the
	Other			$
	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
9.	Add together Item Numbers 6. - 8. and enter the number		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?
			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.
	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

➤ PDF Form

Form Information

Fact Name	Description
Purpose	The USCIS Form I-864, or Affidavit of Support, is a legally binding document where the sponsor agrees to financially support the immigrant applicant to ensure they do not become a public charge.
Who Must File	This form is typically required for family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and are not likely to rely on the U.S. government for financial support.
Validity Period	The obligations under Form I-864 continue until the sponsored immigrant becomes a U.S. citizen, has earned 40 quarters of work in the United States, departs the U.S. permanently, or passes away.
Governing Law	While Federal law governs the requirements and use of the USCIS Form I-864, state law may be applicable in determining the enforceability of the support obligations under the contract.

Detailed Guide for Writing USCIS I-864

After submitting a visa application, if an individual is seeking to become a lawful permanent resident in the United States based on sponsorship, the next step involves the sponsor filling out the USCIS Form I-864, also known as the Affidavit of Support. This form is a legally enforceable contract where the sponsor agrees to provide financial support to the foreign national. Its completion is crucial and must be approached with attention to detail to ensure all the information is accurate and complete. Here are the detailed steps to guide through the process of filling out the USCIS I-864 form.

Start by downloading the latest version of Form I-864 from the United States Citizenship and Immigration Services (USCIS) website. Ensure you have the current form as requirements may change.
Read the instructions provided by USCIS thoroughly before you begin filling out the form. These instructions are critical for understanding the specific requirements and avoiding common mistakes.
Fill in the basic information requested in Part 1, including your full name, mailing address, and date of birth. This section identifies you as the sponsor.
In Part 2, provide information about the immigrant you are sponsoring. This will include their full name, A-Number (if applicable), and their relationship to you.
Answer the questions in Part 3 regarding your household size. Include yourself, the family members you are legally obligated to support, any other dependents, and the immigrants you are currently sponsoring. Calculating your household size accurately is crucial as it affects the income requirement.
In Part 4, disclose your employment information. If you are self-employed, provide information about your business.
Part 5 requires a detailed account of your income. Enter your total income as reported on your most recent Federal Income Tax Return. Ensure the reported income meets or exceeds the minimum income requirement, which is usually 125% of the Federal Poverty Guidelines for your household size, unless exceptions apply.
If your income does not meet the requirement alone, Part 6 allows for including the income of a household member. This step requires completing Form I-864A, Contract Between Sponsor and Household Member, by the household member whose income is to be considered.
In Part 7, provide an inventory of your assets if your income is insufficient. This can include savings accounts, real estate, stocks, and bonds. The value of your assets should make up for the shortfall in the income requirement.
Review the completed form and compile any required supporting documents, which typically include your recent tax returns, W-2s, and proof of your U.S. citizenship or Lawful Permanent Resident status.
Sign and date Part 8 of the form. By signing, you affirm that all the information provided is true and correct to the best of your knowledge. Remember, failing to sign the form will result in its rejection.
Review the entire package, ensuring nothing has been overlooked and all necessary documentation is included. Follow the USCIS instructions for mailing your form and any additional documents to the correct address based on the instructions provided by USCIS.

Completing the USCIS Form I-864 accurately is pivotal to the success of the visa application process. It is a demonstration of your commitment as a sponsor to support the intending immigrant. A meticulously filled-out form, paired with the requisite documentation, lays a strong foundation for the application, easing the path to lawful permanent residency for the beneficiary.

Important Points on USCIS I-864

What is the USCIS I-864 form?

The USCIS I-864 form, also known as the Affidavit of Support Under Section 213A of the Immigration and Nationality Act, is a legally enforceable contract an individual (the sponsor) must complete to accept financial responsibility for a relative (or sometimes an employee) who is coming to live permanently in the United States. The form is a requirement to ensure the person immigrating will not become a public charge, which means dependent on government welfare.

Who needs to file an I-864 form?

U.S. citizens or permanent residents who are sponsoring a family member for permanent residence (a green card) are required to file an I-864 form. Additionally, in some cases, employers seeking to bring employees to the U.S. permanently may also need to complete this form as part of the employment-based immigrant visa process.

Can the financial responsibility be shared with someone else?

Yes, if the primary sponsor does not meet the income requirements to sponsor the immigrant alone, a joint sponsor can sign a separate I-864 to accept financial responsibility along with the primary sponsor. Joint sponsors must meet all the same requirements as the primary sponsor and are legally responsible for supporting the immigrant financially.

What are the income requirements for the I-864 form?

The sponsor must prove an income level at or above 125% of the Federal Poverty Guidelines for their household size, including the intending immigrant. This requirement is adjusted annually and varies depending on where the sponsor lives in the United States, including Alaska and Hawaii, which have higher guidelines. Active duty military personnel only need to meet 100% of the Federal Poverty Guidelines when sponsoring a spouse or child.

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

If the sponsor does not provide the financial support as promised and the immigrant receives public benefits, the agency that provided the benefits can demand repayment from the sponsor. If the sponsor refuses to pay, the agency can sue the sponsor to recover the cost of the benefits provided. Failure to fulfill the financial obligations can also impact the sponsor’s credit score.

Is it possible to withdraw the I-864 form after submission?

Once the I-864 form has been accepted by USCIS, it is very difficult to withdraw. The sponsorship obligation generally lasts until the sponsored immigrant becomes a U.S. citizen, has earned 40 quarters of work (approximately 10 years), permanently leaves the United States, or passes away. However, in very limited circumstances, such as if the immigration process has not yet been completed, it may be possible to withdraw. It is important to consult with a legal professional before making any decisions to withdraw the form.

Common mistakes

Filling out the USCIS I-864 form, also known as the Affidavit of Support, is a critical step in sponsoring someone for a U.S. green card. Yet, many applicants stumble over common pitfalls that can delay or derail the immigration process. Here are eight mistakes people often make.

Firstly, a frequent error is not updating personal information. If any personal details have changed since you last submitted documents to USCIS, such as your address or employment situation, it’s essential to update these on the I-864 form. Failing to do so can cause confusion and lead to delays.

Secondly, applicants sometimes incorrectly calculate their income. It’s vital to ensure the income reported matches the figure on your tax return. Misreporting your income, whether by accident or intentionally, can have serious consequences and affect the sponsor’s ability to meet the income requirements.

Another mistake is overlooking assets that can help meet the income requirements. If your income is below the threshold needed to sponsor the immigrant, assets like property, stocks, or bonds can be included to make up the difference. Many sponsors either forget or do not realize they can use assets to qualify.

Fourthly, some people fail to include all required supporting documents. This oversight can lead to processing delays. Essential documents typically include tax returns, proof of income, and proof of citizenship or legal permanent residency. Always double-check the USCIS checklist to ensure you've included everything required.

Fifth, there’s often confusion about who needs to fill out a separate form. Each immigrant being sponsored must have their own I-864 form from their sponsor. Mixing up this requirement can cause significant delays in the processing of your application.

Also, a common error is the incorrect use of household members. Some sponsors mistakenly add household members who do not meet the legal definition, such as unrelated roommates, or fail to include all qualifying members. This error can affect the poverty line calculation used to determine if the income threshold is met.

Seventh, submitting the wrong edition of the form is a mistake that can lead to automatic rejection. USCIS periodically updates its forms. Always download the latest version from the official USCIS website to ensure you're using the most up-to-date document.

Lastly, failure to sign the form is a surprisingly common oversight that will result in the form being returned. Every form needs to be signed; an unsigned form is considered incomplete. Double-check that all required signatures are in place before submission.

Avoiding these mistakes can help ensure your I-864 form is processed smoothly, bringing your loved ones closer to achieving their dream of living in the United States.

Documents used along the form

When navigating the United States immigration process, the USCIS Form I-864, Affidavit of Support, often serves as a critical document for those sponsoring immigrants to ensure they have adequate financial support. This form is just a part of a suite of required documents, each serving a specific purpose in the immigration journey. Understanding the associated forms and documents can streamline the process, clarifying the path to a successful application.

Form I-485, Application to Register Permanent Residence or Adjust Status: This form is for individuals seeking to apply for lawful permanent resident status (green card) while in the United States. It establishes eligibility for adjusting immigration status.
Form I-130, Petition for Alien Relative: Filed by a U.S. citizen or lawful permanent resident, this form initiates the process to help a family member immigrate to the United States.
Form I-864A, Contract Between Sponsor and Household Member: This document is required when the sponsor’s income does not meet the financial requirements alone and includes a household member’s income to meet the criteria.
Form I-765, Application for Employment Authorization: Necessary for immigrants who wish to work in the United States, this form is often filed alongside the adjustment of status application.
Form I-131, Application for Travel Document: Often submitted by individuals adjusting their status who need to travel internationally during the process without jeopardizing their application.
Form I-693, Report of Medical Examination and Vaccination Record: Required for applicants seeking to adjust their status to permanent resident, detailing medical examinations completed by a designated physician.
Form I-944, Declaration of Self-Sufficiency: This form was used to provide information about the applicant's financial status and prove self-sufficiency, though its requirement status may vary due to ongoing changes in immigration law.

By collecting and completing these forms accurately, sponsors and applicants can ensure a smoother progression through the immigration process. It's important to stay informed about current requirements and seek guidance as needed, as immigration policies and form requirements can change. Whether you are just starting the immigration process or are in the midst of preparing your documents, recognizing and understanding each form's role can provide clarity and confidence as you navigate the path toward achieving your immigration goals.

Similar forms

The USCIS I-864 form, or Affidavit of Support Under Section 213A of the INA, is similar to the USCIS I-864A, Contract Between Sponsor and Household Member. Both documents are used to establish that the immigrants being sponsored have adequate means of financial support and will not rely on public benefits. The I-864A specifically allows a household member of the sponsor to agree to support the immigrant, essentially joining the sponsorship as a co-sponsor.

Similar to the USCIS I-864 is the USCIS I-134, Affidavit of Support. Both forms are affidavits of support but are used for different types of visas. The I-134 is typically used for non-immigrant visas, indicating temporary support for visitors, while the I-864 is used for family-based immigrant visa applications, requiring a more long-term commitment to support the immigrant.

The Form I-765, Application for Employment Authorization, shares similarities with the I-864 in that both contribute to an immigrant's ability to work in the United States. The I-864 ensures the immigrant has financial support, while the I-765 grants the immigrant permission to work legally in the U.S., thus providing a means of self-support.

Form I-130, Petition for Alien Relative, is another document related to the I-864. The I-130 establishes the relationship between the sponsor and the immigrant, which is a prerequisite for filing the I-864. The completion of the I-130 signifies eligibility for sponsorship, proceeding to the I-864 to guarantee financial support.

The DS-260, Immigrant Visa Electronic Application, also aligns with the I-864’s purpose in the immigration process. After an immigrant visa applicant submits the I-864 to show they will not become a public charge, they must complete the DS-260, which is the main application form for immigrant visas for those processing their visas abroad.

Form I-485, Application to Register Permanent Residence or Adjust Status, is intricately connected with the I-864. While the I-485 is the form submitted by the immigrant to adjust their status to a permanent resident in the U.S., the I-864 must often be submitted alongside it to prove financial support from the sponsor, ensuring the immigrant meets the requirements for adjustment.

The USCIS I-129F, Petition for Alien Fiancé(e), is somewhat related to the I-864 in terms of ensuring support for someone coming to the U.S. Although the I-129F is for a non-immigrant visa, leading to a K-1 visa for the foreign fiancé(e) of a U.S. citizen, it sets the stage for eventual adjustment of status, at which point the I-864 might be required to affirm the fiancé(e)’s financial support.

Form I-751, Petition to Remove Conditions on Residence, has a tie to the I-864 since some immigrants initially obtain conditional permanent resident status based on marriage to a U.S. citizen or permanent resident. In certain cases, the I-864 affidavit of support plays a role in proving the bona fide nature of the marriage for removing these conditions.

The NVC Fee Bill, while not a form, is an essential step requiring payment before processing Form I-864 with the National Visa Center (NVC). The fee bill is the prompting action that leads to the submission of the I-864 for applicants processing their visas outside the United States, drawing a direct line in the visa application process.

Lastly, the USCIS Form I-693, Report of Medical Examination and Vaccination Record, parallels the I-864 in terms of ensuring that immigrants meet certain standards before being admitted for permanent residency. Where the I-693 focuses on health and safety standards, the I-864 focuses on financial stability, both critical for maintaining public health and welfare.

Dos and Don'ts

Completing the USCIS I-864 form, or the Affidavit of Support, is a crucial step in the process for immigrants seeking to become lawful permanent residents in the United States. It's a document by which a sponsor agrees to provide financial support to the immigrant, ensuring they do not become public charges. As such, there are several key practices to follow, as well as mistakes to avoid. Adhering to these guidelines will help ensure the process proceeds as smoothly as possible.

Here are things you should do when filling out the USCIS I-864 form:

Read the instructions carefully. Before starting, take the time to thoroughly read through the form’s instructions. This will equip you with a comprehensive understanding of the requirements and help avoid common errors.
Gather all necessary documents beforehand. Financial information, including tax returns, employment documents, and proof of assets, should be collected in advance. This ensures correctness and consistency in the information provided.
Ensure accuracy in your responses. Provide precise and truthful information across every section of the form. Mistakes or untruths can lead to delays or denials.
Use N/A where applicable. If a question does not apply to your situation, fill in with “N/A” instead of leaving the space blank. This clarifies that the question was not overlooked.
Sign and date the form. An unsigned form is considered incomplete by USCIS and will be rejected. Ensure that the form is properly signed and dated as required.

Here are things you should not do when completing the USCIS I-864 form:

Do not guess on financial information. Estimations can lead to inaccuracies that may affect the credibility of the affidavit. It's critical to refer to official documents for all financial information.
Do not leave sections blank. Unless instructed to do so, or the section is not applicable (in which case, insert “N/A”), every question should be answered to avoid the impression of incomplete information.
Do not overlook dependents. Failing to include all dependents could result in insufficient calculated income requirements, affecting the outcome of the application.
Do not neglect to update personal information. If any personal circumstances or information change after submission, it is necessary to inform USCIS promptly to avoid issues with the application process.

Misconceptions

The USCIS I-864, or Affidavit of Support form, is critical in the immigration process for those seeking to become lawful permanent residents in the United States through sponsorship. This document ensures that the incoming resident will not become a public charge, relying on financial support from the U.S. government. However, there are several misconceptions surrounding the I-864 form. Understanding these misconceptions can help both sponsors and immigrants navigate the process more smoothly.

Misconception 1: Signing the I-864 form is not a serious commitment.
Many people believe that signing the I-864 form is merely a procedural step without real implications. This is false. By signing the I-864, the sponsor makes a legally binding commitment to support the immigrant financially. This commitment can last until the sponsored immigrant becomes a U.S. citizen, works in the United States for 40 qualifying quarters, dies, or permanently leaves the U.S. This agreement is enforceable, meaning the sponsored immigrant or the government can take legal action against the sponsor if they fail to provide adequate support.
Misconception 2: Any family member can sponsor the immigrant.
Not all family members are eligible to be sponsors. Generally, the sponsor must be at least 18 years old, a U.S. citizen or a lawful permanent resident, and domiciled in the United States or its territories. The sponsor must also meet certain income requirements, proving they can support the immigrant at no less than 125% of the U.S. Poverty Guidelines. This misconception leads to confusion and delays when ineligible relatives attempt to sponsor an immigrant.
Misconception 3: The sponsor is responsible for the immigrant's expenses for life.
This is not true. The financial responsibility of the sponsor ends under several conditions: if the immigrant becomes a U.S. citizen, has worked for 40 quarters (about 10 years) in the U.S., dies, or permanently leaves the United States. Additionally, if the sponsor or the immigrant dies, the obligation ends. Understanding these conditions is crucial for both parties before signing the affidavit of support.
Misconception 4: Completing the I-864 form guarantees the immigrant will not use any public benefits.
This assumption is incorrect. The I-864 form is designed to minimize the likelihood that the sponsored immigrant will rely on public benefits by demonstrating they have adequate financial support from the sponsor. However, it does not outright prevent the immigrant from accessing certain non-cash forms of public assistance, such as emergency medical care, short-term, non-cash disaster relief, and more, under specific conditions. It's important for both sponsors and immigrants to understand the nuanced implications of this commitment.

Key takeaways

The USCIS I-864 form, also known as the Affidavit of Support, plays a critical role in numerous immigration cases, particularly family-based applications where it is used to show that the immigrant will not become a public charge. Understanding the nuances of this form is vital for both the sponsor and the beneficiary. Here are key takeaways about filling out and using the USCIS I-864 form.

Accuracy is paramount: Every piece of information on the I-864 form must be accurate to the best of the sponsor's knowledge. Incorrect information can lead to significant delays, or worse, a denial of the application.
Sponsorship requirements: Generally, the sponsor must be at least 18 years old and a U.S. citizen or lawful permanent resident (Green Card holder). They also need to demonstrate that they have an income at least 125% above the Federal Poverty Line for their household size, unless certain exceptions apply.
Household size calculation: The sponsor's household size includes themselves, their dependents, any relatives living with them, the immigrant being sponsored, and any other immigrants previously sponsored with a still-valid I-864.
Joint sponsors may be necessary: If the primary sponsor does not meet the financial requirements, a joint sponsor who can meet these criteria may also complete an I-864 form. Joint sponsors are separately responsible for the financial obligations.
Documentation is key: Along with the I-864 form, the sponsor must provide proof of their income. This typically includes their most recent federal income tax return, and W-2s or 1099 forms. Additional proof like pay stubs or an employment letter may also be beneficial.
Duration of financial responsibility: The sponsor’s financial obligations under the I-864 continue until the immigrant becomes a U.S. citizen, has earned 40 work quarters in the United States, departs the U.S. permanently, or dies. Divorce does not terminate the obligation.
Changes in circumstances: Sponsors and immigrants must notify USCIS of any changes in address within 30 days of moving by filing Form I-865. Failure to do so can result in fines.
Legal implications: The Affidavit of Support is a legally enforceable contract between the sponsor and the U.S. government. The government or the immigrant can sue the sponsor if they fail to provide the financial support as required by the form.

Proper completion and understanding of the USCIS I-864 form are foundational in ensuring a smooth and successful immigration process. Both sponsors and immigrants should approach this document with the seriousness and attention to detail it requires.

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