What is Form I-864?

Financial sponsors of green card applicants utilize Form I-864, Affidavit of Support, to waive the grounds of public charge inadmissibility. This form is obligatory for the majority of family-based and some employment-based immigrants, demonstrating their financial stability and averting the risk of becoming a public charge. Unlike asylum/refugee, special immigrants, or diversity visa categories, other groups are not mandated to furnish an I-864 affidavit under the public charge rule. Despite alterations to this rule in recent years, most applicants are still mandated to furnish Form I-864.

Sponsors, who must be U.S. citizens, U.S. nationals, or lawful permanent residents aged 18 or above, domiciled in the United States, must exhibit income meeting or surpassing the federal poverty guidelines for their household size to effectively address the public charge grounds of inadmissibility.

Who is required to submit Form I-864?

Typically, when applying for a green card, the following immigrants are required to furnish a completed Form I-864 by their sponsor:

• Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21 years old).
• Family-based preference immigrants (sons and daughters of U.S. citizens; spouses and unmarried sons and daughters of lawful permanent residents; and brothers and sisters of U.S. citizens).
• Employment-based preference immigrants in instances where a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or has a substantial ownership interest (five percent or more) in the entity that filed the petition.

When adjusting status within the United States, the green card applicant submits the I-864 affidavit along with Form I-485. Those applying through a U.S. embassy or consulate will submit Form I-864 affidavit to the National Visa Center upon request. In certain cases, individuals from the aforementioned categories may be exempt from submitting an affidavit.

A sponsor, acting on behalf of the intending immigrant, completes Form I-864 , Affidavit of Support. Generally, to assist the intending immigrant in overcoming the public charge grounds and securing a green card, the sponsor must:

• Be a U.S. citizen, U.S. national, or lawful permanent resident aged 18 or older.
• Have income equal to or exceeding 125 percent of the federal poverty guidelines for the household size.
• Maintain a domicile in the United States.

Who submits Form I-864?

The individual who submits Form I-130 or Form I-129F on behalf of the green card applicant is also obligated to sponsor using Form I-864 , Affidavit of Support. Even if the sponsoring petitioner lacks adequate income, they are still required to provide the affidavit. If the petitioner’s household income is insufficient to serve as a viable supporter, they have the option to seek additional support from a household member. Alternatively, the intending immigrant may opt for a joint sponsor.

Household members and the supplemental form I-864A

If there is a qualifying relative (spouse, adult child, parent, or sibling) residing in the same household as the primary sponsor, they may serve as a household member contributing income. A spouse who earns income is commonly utilized as a household member. On occasion, the intending immigrant may fulfill the role of the household member. Generally, a household member is required to submit Form I-864 A (Contract Between Sponsor and Household Member) along with the primary sponsor’s I-864. Intending immigrants acting as household members do not need to furnish the I-864A supplement unless they are accompanied by a spouse or children.

When the intending immigrant participates on Form I-864 as a household member, immigration law (8 CFR § 213a.1) specifies that their income must originate from “lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after they acquire permanent resident status.” In essence, income earned by the intending immigrant from a U.S. job must derive from authorized employment via an employment visa or work conducted while authorized through an employment authorization document.

Joint Sponsor

A joint sponsor, who may be a friend or family member unrelated to the petitioner or the intending immigrant, serves as an additional sponsor. USCIS does not mandate that the joint sponsor reside at the same address. The joint sponsor submits a distinct, supplementary I-864 affidavit.

How should I complete Form I-864?

If you prefer to fill out the Form I-864 PDF, you can download instructions from USCIS or follow this summary of directions.

General Guidance

• Answers should be typed or printed using black ink only.
• If a response is not relevant, enter “N/A”; if your response is zero, enter “NONE.”
• Any foreign language documents must be accompanied by a complete English certified translation.
• Provide photocopies for all supporting documents unless an original document is explicitly required.
• Notarization of Form I-864 is unnecessary. However, the form must bear the sponsor’s actual signature in black ink; digital signatures are not acceptable. If adjusting status, include the affidavit with the original ink signature. When submitting the affidavit to the National Visa Center, you may scan the original signed document.

Part 1

• In the “Basis for Filing Affidavit of Support” section, specify your role as the sponsor. Typically, sponsors are also the petitioners. Choose an alternative basis if applicable.

Part 2

• For the “Mailing Address,” furnish an address where the intending immigrant (principal beneficiary) can securely receive mail. USCIS will send immigrant notices to this address.
• In the “Other Information” section, provide the requested information, including a dependable phone number. USCIS does not necessitate the immigrant to possess an alien registration number or USCIS online account number.

Part 3

• In the section “Information About the Immigrants You Are Sponsoring,” specify the individuals you intend to sponsor. Typically, sponsors will be supporting the principal immigrant mentioned in Part 2. However, include additional family members only if they are also derivative beneficiaries on the same visa petition. Exclude any relatives listed on a separate visa petition.

Part 4

• For the “Sponsor’s Mailing Address,” once more, furnish an address where you can securely receive mail. USCIS will send you notices at this address.
• In the “Other Information” section, state your domicile as the United States. If you are presently not residing in the United States, be aware of your plan for reestablishing domicile in the U.S.

Parts 5, 6, and 7

• For “Sponsor’s Household Size,” diligently input household members in the designated boxes. Ensure no duplication of any household member. Therefore, if you are sponsoring a spouse, input “0” in the space allocated for a spouse, as you have already accounted for this individual as the immigrant. Typically, your household size will correspond to the number of individuals on your tax return (plus one for the intending immigrant).
• In “Sponsor’s Employment and Income,” specify your employment type or status. Enter your present individual income, meaning the estimated amount you (the sponsor) anticipate earning in the current year. If you opt to incorporate other household members’ income, you may include it here as well. Indicate whether you will be submitting Form I-864A for the additional household members. I-864A must be included unless the household member is also the intending immigrant and does not have any accompanying spouse or children.
• For “Use of Assets to Supplement Income,” you may omit this section if the income entered in the previous section exceeds 125 percent of the federal poverty guidelines. If you cannot demonstrate income to meet the requirement, you may potentially utilize assets and personal property to bridge the gap.

Parts 8, 9 and 10

• In “Sponsor’s Contract and Statement,” carefully review to comprehend your responsibilities as an I-864 sponsor. Furnish dependable contact details and sign your affidavit using black ink.
• For “Interpreter” and “Preparer,” offer relevant information if applicable. If you completed your Form I-864, signing solely as the “sponsor” suffices. If someone else translated or prepared the affidavit, ensure Parts 9 and 10 are completed and signed accordingly.

This list provides condensed Form I-864 instructions. It’s strongly advised to download USCIS instructions for preparing the affidavit.

Where should Form I-864 be submitted?

E-filing the I-864 affidavit is not an option. Adjustment of status applicants will send the form to USCIS via mail. Consular processing applicants have the option to electronically submit the form to the National Visa Center.

Adjustment of Status:

When submitting Form I-864 with Form I-485, use an original signature. Send the entire Affidavit of Support package to the intending immigrant for inclusion with the Form I-485.

Consular Processing:

Submit Form I-864 and all supporting documents to the National Visa Center (NVC). Failure to submit documents together may cause delays. Send the complete Affidavit of Support package to the NVC if acting as the applicant’s agent. Otherwise, send the documents to the intending immigrant. A wet ink signature is not necessary when submitting the I-864 to the NVC; a scanned copy suffices. Only those filing Form I-485 from within the U.S. need to provide a wet ink signature.

Is an I-864 affidavit required for everyone?

Certain categories of immigrants are excluded from the public charge assessment. To clarify, this evaluation does not pertain to specific non-citizens such as: asylees, refugees, special immigrant juveniles, Afghan and Iraqi interpreters, and VAWA self-petitioners. Refer to a list of public charge exemptions. Even if not exempted from the rule, there are particular exemptions for Form I-864.

Most family-based (and some employment-based) immigrants necessitate an I-864 sponsor, with exemptions for certain individuals in these groups. The subsequent types of intending immigrants are not obliged to submit Form I-864, Affidavit of Support:

• Those who have accrued or are eligible for 40 qualifying quarters (credits) of work in the United States. They may also receive credit for work done by a spouse during marriage and by parents while the immigrants were under 18 years old. Information on counting work quarters earned or credited and providing evidence can be obtained from the Social Security Administration (SSA) website.
• Those who, upon admission, will obtain U.S. citizenship under section 320 of the Immigration and Nationality Act (INA), as modified by the Child Citizenship Act of 2000 (CCA).
• Self-petitioning widows or widowers with an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
• Self-petitioning battered spouses and children with an approved Form I-360.

If you qualify for one of the above exemptions, you must inform the U.S. government by submitting Form I-864W, Intending Immigrant’s Affidavit of Support Exemption, instead of Form I-864.

Frequently Asked Questions

Can all of my immigrating family members be included on a single I-864 form?

Typically, a separate I-864 form is required for each intending immigrant you are sponsoring. However, photocopies may be submitted if you are sponsoring multiple intending immigrants listed on the same Form I-864, Affidavit of Support.

When sponsoring an immediate relative of the petitioner, each intending immigrant must have their own I-864. This is because no relative listed on a separate visa petition should be included as a family member on the I-864. However, other categories may list family members.

Is Form I-864EZ applicable?

A select few petitioners can utilize a simplified version of Form I-864 known as I-864EZ. To qualify for I-864EZ, you must meet the following criteria:

• Be the petitioner who filed the original Form I-130 for the intending immigrant.
• Have listed only one immigrant on Form I-130 (without any derivative spouses or children).
• Be able to demonstrate sufficient income to support the intending immigrant solely based on your salary and pension, as indicated on the W-2 Form(s) provided by your employer or former employer.

However, meeting these requirements doesn’t mandate the use of I-864EZ. If eligible for Form I-864EZ, you may still choose to submit Form I-864 instead. The decision is yours.

Can I submit Form I-864 without tax returns?

A sponsor can submit an I-864 even without filing federal income tax returns with the Internal Revenue Service. However, sponsors without a documented income tax return history are less likely to qualify compared to those with one. It’s crucial to understand the reasons for not filing tax returns. In some instances, individuals with insufficient taxable income are not obligated to file a tax return. However, if you failed to file tax returns as required by the IRS, it’s advisable to consult with a tax expert.

Which supporting documents should accompany the form?

The list of supporting documents to be submitted with Form I-864 depends on your responses in the form. For a precise list, please refer to the USCIS instructions