toptemplates.net
Homepage Free USCIS I-864 PDF Form
Article Guide

In the realm of immigration to the United States, financial stability is a cornerstone principle, ensuring that immigrants do not become public charges. The USCIS I-864 form, also known as the Affidavit of Support, plays a pivotal role in this process, serving as a legal document where a sponsor commits to financially support the immigrant. This requirement typically falls on family members or sometimes, employers, who are trying to help an individual secure permanent residency, also known as a green card. The form establishes a contractual agreement between the sponsor and the U.S. government, outlining the sponsor's obligation to maintain the supported immigrant at an income that is at least 125% of the federal poverty guidelines. Failure to comply with these responsibilities can lead to legal repercussions for the sponsor, highlighting the seriousness of the commitment. The I-864 form is a critical step in the immigration process, emphasizing the importance of financial preparedness and responsibility in supporting new members of American society.

Sample - USCIS I-864 Form

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

File Specs

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, indicating that the visa applicant has adequate means of financial support and is not likely to become a public charge.
Who Must File U.S. citizens and lawful permanent residents who are sponsoring a family member for immigration to the United States must file the I-864.
Components The form requires detailed information about the sponsor's income, assets, employment, and household size.
Legal Binding Nature By signing the I-864 form, the sponsor agrees to provide financial support to the beneficiary, and this obligation can only be ended under specific circumstances.
Termination of Obligation The sponsor's financial responsibility under the I-864 ends when the immigrant becomes a U.S. citizen, has worked 40 quarters credited toward Social Security, leaves the United States permanently, or dies.
Enforcement If the sponsor does not provide the promised support, legal action can be taken against the sponsor, and the immigrant can sue the sponsor for support.
Income Requirements The sponsor must prove an income level at 125% of the Federal Poverty Guidelines for the household size, or use a joint sponsor if necessary.
State-specific Forms While the I-864 is a federal form, some states may have additional requirements regarding the affidavit of support for state-level public benefits.

Steps to Filling Out USCIS I-864

Once you've decided to sponsor someone to become a permanent resident in the United States, filling out the USCIS Form I-864, Affidavit of Support, is your next important step. This document is crucial as it acts as a legally-binding agreement that you, the sponsor, will support the intending immigrant financially. The process might seem complex at first, but breaking it down step-by-step can make it manageable. It's important to complete the form accurately and provide all required information to avoid any potential delays in your application. Let's walk through each step to ensure you can fill out the form with confidence.

  1. Gather necessary documents: Before you start filling out the form, make sure you have all the required documents on hand. This includes your most recent tax returns, W-2s or 1099 forms, and proof of your U.S. citizenship or permanent resident status.
  2. Download the latest version of Form I-864: Go to the USCIS website to download the most recent version of the form. USCIS occasionally updates their forms, so it’s important to ensure you're working with the latest version.
  3. Complete Part 1, Information About You: Fill in your full legal name, mailing address, date of birth, and other personal details. This section establishes your identity and eligibility as a sponsor.
  4. Answer the questions in Part 2, Information About the Principal Immigrant: Here, enter the details of the person you are sponsoring. Include their full legal name, A-Number if applicable, and other important details.
  5. Address your household size in Part 3: Calculate and list the total number of people in your household, including yourself, the immigrant you are sponsoring, any dependent children, and anyone else you're legally obligated to support.
  6. Provide your financial information in Part 4: Enter your income, asset details, and employment information. This part is critical as it demonstrates your financial capability to support the immigrant.
  7. Include the immigrants you are sponsoring in Part 5: If you are sponsoring more than one immigrant, provide the required information for each person. Repeat this section as necessary for each immigrant.
  8. Complete the Contract section in Part 6: Read this part carefully as it outlines the legal obligations you are undertaking by signing the form. Provide your signature to confirm that you agree to the terms.
  9. Fill out the Interpreter’s Contact Information (if applicable) in Part 7: If you had help from an interpreter to complete the form, their information goes here.
  10. Provide the Contact Information of the individual preparing this affidavit if someone else prepared it in Part 8: If a third party helped fill out the form, include their details and signature.
  11. Assemble your supporting documents: Attach your tax returns, proof of income, and any other required documents listed in the instructions with the completed Form I-864.
  12. Review your form: Go through the form again to check for mistakes or missing information. Errors can delay the processing of your application.
  13. Mail your form: Send the completed Form I-864 and all supporting documents to the address provided in the USCIS instructions. Be sure to make copies for your records.

By following these steps carefully, you'll be on your way to successfully completing the USCIS Form I-864. It’s a process that plays a pivotal role in sponsoring someone for U.S. permanent residency, underscoring the importance of accuracy and attention to detail. Remember, this form is more than paperwork; it's a commitment to support someone in their journey to becoming a U.S. resident.

Discover More on USCIS I-864

What is the purpose of the USCIS I-864 Form?

The USCIS I-864 form, also known as the Affidavit of Support, is a legally enforceable contract an individual (the sponsor) signs to accept financial responsibility for a person coming to live permanently in the United States. This document assures the government that the immigrant will not rely on public benefits, as the sponsor promises to support the immigrant financially.

Who needs to fill out the I-864 Form?

U.S. citizens or permanent residents who are sponsoring an immigrant for a green card must fill out the I-864 form. This includes petitioners of family-based visas and some employment-based visa petitioners when their employees are relatives or own a certain percentage of the company. The form is required to prove the sponsor can and will support the immigrant financially.

What are the income requirements for a sponsor?

Sponsors must demonstrate they have an income of at least 125% of the Federal Poverty Guidelines for their household size, including the intending immigrant. The requirements are different for active duty military members, who only need to meet 100% of the Federal Poverty Guidelines when sponsoring a spouse or child. Proof of income, typically through the most recent tax returns, W-2 forms, and/or employment letters, must be submitted alongside the I-864 form.

Can someone co-sponsor an immigrating family member if the primary sponsor doesn't meet the income requirements?

Yes, if the primary sponsor does not meet the income requirements, a joint sponsor can sign a separate I-864 form to accept financial responsibility alongside the primary sponsor. The joint sponsor must independently meet the income requirements for their household size, as well as for the immigrant they are sponsoring. They do not have to be related to the immigrant or the primary sponsor.

What happens if the sponsor fails to support the immigrant as agreed?

If the sponsor does not provide the agreed financial support, the immigrant may take legal action to enforce the support obligation. Additionally, if the immigrant receives government assistance, the agency providing the benefit may seek reimbursement from the sponsor. This legal obligation lasts until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work (usually 10 years), permanently leaves the United States, or passes away.

Common mistakes

Filling out the USCIS I-864 form, also known as the Affidavit of Support, is a critical step in the process of sponsoring an immigrant to become a lawful permanent resident in the United States. However, applicants often make mistakes that can delay or negatively impact the application. Here are eight common mistakes to avoid:

  1. Not updating personal information: Sponsors sometimes forget to provide their most current information. It's essential to ensure that all personal details, including addresses and employment information, are up to date.

  2. Incorrect financial information: Accurately reporting income and assets is crucial. Mistakes in financial information can lead to questions about the sponsor's ability to support the immigrant.

  3. Failing to include all required documents: The form requires several supporting documents, such as tax returns and proof of income. Missing documents can result in delays.

  4. Not using the latest form version: USCIS periodically updates its forms. Using an outdated version can lead to the rejection of the form.

  5. Omitting household members: All household members must be listed, including dependents not being sponsored. Omissions can raise concerns about the accuracy of the form.

  6. Incorrectly calculating household size: The household size impacts the income requirements. Incorrect calculations can result in apparent insufficiency of funds to support.

  7. Signing the form without reviewing: It's imperative to review the form thoroughly before signing. Unsigned or incorrectly signed forms will not be processed.

  8. Not seeking professional advice when needed: Complex situations may require professional guidance. Failing to seek help when in doubt can lead to mistakes that might have been avoided.

By paying close attention to these aspects, sponsors can avoid common pitfalls and contribute positively to the immigration process of the person they are supporting.

Documents used along the form

When sponsoring a family member for a green card in the United States, the USCIS I-864 form, also known as the Affidavit of Support, is crucial. This form serves as a financial promise from the sponsor to the U.S. government, ensuring that the immigrant will not become a public charge. However, this form doesn't stand alone in the application process. Several other forms and documents are typically required to support and complete the immigration packet. Understanding these additional requirements can make the process smoother and more straightforward.

  • Form I-130, Petition for Alien Relative: This form is the first step in the family-based green card process. It establishes the relationship between the sponsor (a U.S. citizen or lawful permanent resident) and the immigrant beneficiary.
  • Form I-485, Application to Register Permanent Residence or Adjust Status: For beneficiaries already in the U.S., this form is used to apply for a change in status to become a lawful permanent resident (LPR) or green card holder.
  • Form I-765, Application for Employment Authorization: If the relative wants to work in the U.S. while waiting for the green card, this form allows them to apply for permission to work legally in the country.
  • Form I-693, Report of Medical Examination and Vaccination Record: A completed and signed report by a designated civil surgeon, which shows the beneficiary has met the health-related grounds for admissibility.
  • Form I-864A, Contract Between Sponsor and Household Member: If the sponsor's income does not meet the financial requirements alone, this form allows household members to combine their income with the sponsor's to meet the necessary financial threshold.

Submitting the right combination of forms and documentation is essential for a successful family-based immigration application. Each document plays a specific role in establishing eligibility and compliance with immigration laws. Applicants should ensure that they are familiar with the requirements and provide complete and accurate information to avoid delays or denials. As always, consulting with a legal expert can provide tailor-made advice and peace of mind throughout the process.

Similar forms

  • The USCIS Form I-134, Affidavit of Support, shares similarities with the I-864 form as both serve to demonstrate that immigrants will not become public charges by ensuring they have financial support in the United States. While the I-864 is used for family-based immigrant visas, the I-134 is typically used for nonimmigrant visa applicants.

  • Form I-130, Petition for Alien Relative, is somewhat similar to the I-864 because it is a critical step for family members to sponsor a relative to immigrate to the United States. Although the I-130 establishes a qualifying relationship, and the I-864 shows financial support, both are essential for family-based immigration.

  • Form DS-260, Immigrant Visa Electronic Application, is used in the immigrant visa process, akin to the I-864 in terms of its role in facilitating someone's entry into the United States. The DS-260 collects personal information, while the I-864 assures financial support, both critical for visa approval.

  • The USCIS Form I-485, Application to Register Permanent Residence or Adjust Status, while primarily for applicants seeking to adjust their status from within the United States, complements the I-864. The I-485 requires evidence of eligibility for green card status, where the I-864's financial support evidence may play a role.

  • Form I-751, Petition to Remove Conditions on Residence, is related to the I-864 as they both address the conditions under which a non-citizen can live in the United States. The I-864 shows initial financial support, and the I-751 may require similar evidence to prove a bona fide marriage in cases of conditional residency.

  • The USCIS Form I-765, Application for Employment Authorization, differs in direct purpose from the I-864 but is linked by its implication for financial independence and support. Employment authorization allows for the immigrant to work legally in the U.S., supplementing or fulfilling the financial requirements outlined in the I-864.

  • Form I-944, Declaration of Self-Sufficiency, until its discontinuation, served a goal similar to that of the I-864, by assessing the immigrant's ability to be financially self-sufficient in the United States. Both forms required detailed financial information to ensure the immigrant would not rely excessively on public resources.

  • Form DS-5540, Public Charge Questionnaire, another document closely related to the I-864, is used in determining if an individual is likely to become a public charge. Like the I-864, the DS-5540 evaluates financial stability and the ability to support oneself, influencing the outcome of visa applications and adjustments of status.

Dos and Don'ts

When filling out the USCIS I-864 form, also known as the Affidavit of Support, it's critical to approach the task with precision and care. This form plays a vital role in the immigration process, acting as a legal document to show the U.S. government that the immigrant has adequate financial support and won't become a public charge. Below are key dos and don'ts to keep in mind during this important process.

Things You Should Do

  1. Ensure all information is complete and accurate. Double-check dates, personal details, and financial information for accuracy.

  2. Use the most current form version available. The U.S. Citizenship and Immigration Services (USCIS) periodically updates forms, so always download the latest version directly from the USCIS website.

  3. Include all required supporting documents. This typically includes tax returns, employment letters, and proof of citizenship or status.

  4. Keep a copy of the filled-out form and all documents for your records. Having this information on hand is helpful for future reference or in case of USCIS inquiries.

  5. Seek clarification if needed. If you’re unsure about any requirements, consult the USCIS website or consider legal guidance.

Things You Shouldn't Do

  • Do not leave sections blank. If a question doesn’t apply, fill in with “N/A” (not applicable) instead of leaving it empty to maintain clarity.

  • Avoid using correction fluid or tape. Mistakes should be corrected by carefully drawing a line through the error and writing the correct information nearby. If the form becomes too messy, it's better to start over with a new form.

  • Never falsify information. Providing false information on a federal form is a crime and can result in severe penalties, including denial of the application, deportation, or criminal charges.

Misconceptions

The USCIS Form I-864, or Affidavit of Support, often generates confusion and leads to several misconceptions. Here we aim to clarify some of the most common misconceptions about this crucial form which plays a pivotal role in the process of sponsoring immigrants seeking to become permanent residents in the United States.

  • Misconception 1: Sponsoring someone is a lifelong commitment. Many believe that submitting an I-864 binds them to a lifetime financial commitment towards the immigrant. However, the obligation actually ends when the sponsored immigrant becomes a U.S. citizen, has worked (or can be credited with) 40 quarters of coverage under the Social Security Act, leaves the United States permanently, or passes away.
  • Misconception 2: The I-864 is a mere formality. Some sponsors might think this form is just a procedural step without real consequences. In truth, the I-864 is a legally enforceable contract between the sponsor and the U.S. government. It ensures the immigrant does not become a public charge, and failure to support the immigrant could lead to legal action.
  • Misconception 3: Only the petitioner needs to submit an I-864. While it's common for the petitioner (the person filing an immigrant visa petition) to also be the sponsor, there are instances where a joint sponsor is necessary. This happens when the petitioner does not meet the income requirements to sponsor the immigrant solely. Each sponsor must submit their own I-864 affirming their financial responsibility.
  • Misconception 4: Assets cannot be used to meet the income requirement. If the sponsor does not have sufficient income to support the immigrant, assets can be used to make up the difference. This includes savings, stocks, bonds, and property. However, the assets must equal a total value of five times the difference between the sponsor’s income and the required minimum income level (three times for spouses of U.S. citizens and ten times for orphans being adopted).
  • Misconception 5: The sponsor is financially responsible for all the immigrant’s debts. A sponsor's financial responsibility is limited to ensuring the sponsored immigrant does not become a public charge. This means the sponsor is not automatically liable for any debt or financial obligations the immigrant incurs that are not related to public benefits.
  • Misconception 6: Divorce nullifies the I-864 obligations. Marital status changes, including divorce, do not terminate the obligations under the I-864. The sponsor’s financial responsibilities continue until one of the conditions for termination, as outlined above, is met, regardless of the current relationship status with the immigrant.
  • Misconception 7: The I-864 does not need to be updated if financial circumstances change. While there is no requirement to update USCIS on changes to the sponsor's financial situation after the I-864 is submitted and approved, any misrepresentation (or omission of relevant information) at the time of fill-out can lead to legal consequences. It is critical to provide complete and accurate information when the form is submitted.

Understanding the obligations and rules surrounding the I-864 form is crucial for both sponsors and immigrants. Clearing up these misconceptions can help ensure that individuals are better informed and prepared as they navigate the complexities of the immigration process.

Key takeaways

The USCIS I-864 form, or Affidavit of Support, plays a crucial role in the immigration process for those seeking to become permanent residents in the United States through sponsorship. Understanding the key elements of this form can ensure a smoother process for both the sponsor and the beneficiary. Below are eight important takeaways regarding the I-864 form:

  • Proof of Financial Support: The I-864 form is used to show the U.S. government that the person seeking to immigrate has adequate financial support and won't become a public charge.
  • Sponsor Requirements: To be eligible to sponsor, you must be a U.S. citizen or permanent resident, be at least 18 years old, and have a domicile in the United States or its territories.
  • Income Requirements: Sponsors must demonstrate that their income is at least 125% of the Federal Poverty Guidelines for their household size, unless they are a U.S. military member sponsoring a spouse or child, where 100% is sufficient.
  • Joint Sponsors: If the primary sponsor does not meet the income requirements, a joint sponsor can fill out a separate I-864 form to provide additional support.
  • Documentation: To validate the income stated on the form, sponsors must attach their most recent tax return, W-2s, and other evidence of income.
  • Updating the USCIS: If there are significant changes in financial circumstances, sponsors are responsible for notifying USCIS until their obligations under the form end.
  • Legal Obligations: By signing the I-864, sponsors are entering into a legally binding agreement to support the immigrant until they become U.S. citizens, can be credited with 40 quarters of work, leave the U.S. permanently, or pass away.
  • Ending Obligations: Divorce does not terminate the sponsorship obligations. The obligations only end under conditions specified by the law, such as the immigrant becoming a U.S. citizen or accruing 40 work quarters in the country.

It's vital for both sponsors and immigrants to fully understand the responsibilities involved with the I-864 form. Careful completion and submission of this form are key steps in the immigration process, aimed at ensuring immigrants have the support they need as they start their new lives in the United States.

Please rate Free USCIS I-864 PDF Form Form
4.82
Excellent
17 Votes