USCIS I-864 Template

USCIS I-864 Template

The USCIS I-864 form, known as the Affidavit of Support, is a crucial document for immigrants seeking permanent residency in the United States. This form demonstrates that a sponsor can financially support the immigrant, ensuring the individual will not rely on government assistance. Understanding the I-864 is essential for anyone navigating the immigration process, and you can start filling it out by clicking the button below.

Content Overview

The USCIS I-864 form, also known as the Affidavit of Support, plays a vital role in the immigration process for many individuals seeking permanent residency in the United States. This form demonstrates a sponsor's commitment to financially support an immigrant, ensuring that they will not depend on government assistance after arriving in the country. Required by U.S. Citizenship and Immigration Services (USCIS), the I-864 form must be filled out by a petitioner or a third-party sponsor who meets specific income guidelines. It incorporates details such as the sponsor's income, assets, and household size, which collectively paint a picture of their financial stability. Both the sponsor and the immigrant must sign the form, making it a legally binding contract. Properly completing the I-864 is critical, as inaccuracies or omissions can lead to delays in processing or even denial of an immigration application. Understanding the nuances of the I-864, including its requirements and implications, is essential for anyone involved in the immigration journey.

USCIS I-864 Sample

Affidavit of Support Under Section 213A of the INA

USCIS

Form I-864

Department of Homeland Security

OMB No. 1615-0075

U.S. Citizenship and Immigration Services

Expires 10/31/2021

For

USCIS

Use

Only

Affidavit of Support Submitter

Petitioner

1st Joint Sponsor

2nd Joint Sponsor

Substitute Sponsor

5% Owner

Section 213A Review

MEETS

DOES NOT MEET

requirements

requirements

 

 

 

 

 

Reviewed By:

 

 

 

Office:

 

 

 

 

Date (mm/dd/yyyy):

Number of Support Affidavits in File

1

2

Remarks

To be completed by an

Select this box if

 

Attorney State Bar Number

 

 

Attorney or Accredited Representative

 

Form G-28 or

 

(if applicable)

 

 

USCIS Online Account Number (if any)

 

attorney or accredited

 

 

 

 

G-28I is attached.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

representative (if any).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

START HERE - Type or print in black ink.

Part 1. Basis For Filing Affidavit of Support

I,

 

,

am the sponsor submitting this affidavit of support because (Select only one box):

1.a.

I am the petitioner. I filed or am filing for the

 

immigration of my relative.

1.b.

I filed an alien worker petition on behalf of the

 

intending immigrant, who is related to me as my

Mailing Address

(USPS ZIP Code Lookup)

 

 

2.a. In Care Of Name

2.b. Street Number

and Name

2.c. Apt. Ste. Flr.

2.d. City or Town

1.c.

I have an ownership interest of at least 5 percent in

 

 

 

which filed an alien worker petition on behalf of the

 

intending immigrant, who is related to me as my

1.d.

 

I am the only joint sponsor.

2.e. State

2.g. Province

2.h. Postal Code 2.i. Country

2.f. ZIP Code

1.e.

I am the

first

second of two joint sponsors.

1.f.

The original petitioner is deceased. I am the

 

substitute sponsor. I am the intending immigrant's

 

 

 

 

 

 

 

 

NOTE: If you are filing this form as a sponsor, you must include proof of your U.S. citizenship, U.S. national status, or lawful permanent resident status.

Other Information

3.Country of Citizenship or Nationality

4.Date of Birth (mm/dd/yyyy)

5.Alien Registration Number (A-Number) (if any)

A-

Part 2. Information About the Principal Immigrant

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

1.c. Middle Name

6.USCIS Online Account Number (if any)

7.Daytime Telephone Number

Form I-864 10/15/19

Page 1 of 10

Part 3. Information About the Immigrants You Are Sponsoring

1.I am sponsoring the principal immigrant named in Part 2.

Yes

No (Applicable only if you are sponsoring

 

family members in Part 3. as the second

 

joint sponsor or if you are sponsoring

 

family members who are immigrating

 

more than six months after the principal

 

immigrant)

2. I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2. (Do not include any relative listed on a separate visa petition.)

3. I am sponsoring the following family members who are immigrating more than six months after the principal immigrant.

Family Member 1

4.a. Family Name

(Last Name)

4.b. Given Name

(First Name)

4.c. Middle Name

5.Relationship to Principal Immigrant

6. Date of Birth (mm/dd/yyyy)

7.Alien Registration Number (A-Number) (if any)

A-

8.USCIS Online Account Number (if any)

Family Member 2

9.a. Family Name

(Last Name)

9.b. Given Name

(First Name)

9.c. Middle Name

10.Relationship to Principal Immigrant

11. Date of Birth (mm/dd/yyyy)

12.Alien Registration Number (A-Number) (if any)

A-

13.USCIS Online Account Number (if any)

Family Member 3

14.a. Family Name

(Last Name)

14.b. Given Name

(First Name)

14.c. Middle Name

15.Relationship to Principal Immigrant

16.Date of Birth (mm/dd/yyyy)

17.Alien Registration Number (A-Number) (if any)

A-

18.USCIS Online Account Number (if any)

Family Member 4

19.a. Family Name

(Last Name)

19.b. Given Name

(First Name)

19.c. Middle Name

20.Relationship to Principal Immigrant

21.Date of Birth (mm/dd/yyyy)

22.Alien Registration Number (A-Number) (if any)

A-

23.USCIS Online Account Number (if any)

Family Member 5

24.a. Family Name

(Last Name)

24.b. Given Name

(First Name)

24.c. Middle Name

25.Relationship to Principal Immigrant

26.Date of Birth (mm/dd/yyyy)

27.Alien Registration Number (A-Number) (if any)

A-

28.USCIS Online Account Number (if any)

Form I-864 10/15/19

Page 2 of 10

Part 3. Information About the Immigrants You Are Sponsoring (continued)

29. Enter the total number of immigrants you are sponsoring on

this affidavit which includes the principal immigrant listed

in Part 2., any immigrants listed in Part 3., Item

Numbers 1. - 28. and (if applicable), any immigrants listed

for these questions in Part 11. Additional Information.

Do not count the principal immigrant if you are only

Sponsor's Physical Address

4.a. Street Number

and Name

4.b. Apt. Ste. Flr.

4.c. City or Town

sponsoring family members entering more than 6 months

after the principal immigrant.

Part 4. Information About You (Sponsor)

Sponsor's Full Name

4.d. State

4.f. Province

4.g. Postal Code

4.h. Country

4.e. ZIP Code

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

1.c. Middle Name

Sponsor's Mailing Address

2.a. In Care Of Name

2.b. Street Number

and Name

2.c. Apt. Ste. Flr.

2.d. City or Town

2.e. State

 

2.f. ZIP Code

 

 

 

2.g. Province

2.h. Postal Code

2.i. Country

3.Is your current mailing address the same as your physical

address?

Yes

No

 

If you answered "No" to Item Number 3., provide your physical address in Item Numbers 4.a. - 4.h.

Other Information

5.Country of Domicile

6. Date of Birth (mm/dd/yyyy)

7.City or Town of Birth

8.State or Province of Birth

9.Country of Birth

10.U.S. Social Security Number (Required)

 

 

 

 

 

 

 

 

 

 

Citizenship or Residency

 

 

 

 

 

 

11.a.

I am a U.S. citizen.

11.b.

I am a U.S. national.

11.c.

I am a lawful permanent resident.

12.Sponsor's A-Number (if any)

A-

13.Sponsor's USCIS Online Account Number (if any)

Military Service (To be completed by petitioner sponsors only.)

14.I am currently on active duty in the U.S. Armed Forces

or U.S. Coast Guard.

Yes

No

 

Form I-864 10/15/19

Page 3 of 10

For

USCIS

Use

Only

Part 5. Sponsor's Household Size

NOTE: Do not count any member of your household more than once.

Persons you are sponsoring in this affidavit:

5.

6.

Retired Since (mm/dd/yyyy)

Unemployed Since (mm/dd/yyyy)

1.Provide the number you entered in Part 3., Item Number

29.

Persons NOT sponsored in this affidavit:

2. Yourself.

3.If you are currently married, enter "1" for your spouse.

4.If you have dependent children, enter the number here.

5.If you have any other dependents, enter the number here.

6.If you have sponsored any other persons on Form I-864 or Form I-864EZ who are now lawful permanent residents,

enter the number here.

7.OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form

I-864A, enter the number here.

8.Add together Part 5., Item Numbers 1. - 7. and enter the number here.

Household Size:

Part 6. Sponsor's Employment and Income

I am currently:

1. Employed as a/an

2.Name of Employer 1

7.My current individual annual income is:

$

Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See Form I-864 Instructions.) Please indicate name, relationship, and income.

Person 1

8.Name

9.Relationship

10.

Current Income

$

 

Person 2

 

 

 

 

11.

Name

 

 

 

 

 

 

12.

Relationship

 

 

 

 

 

 

13.

Current Income

$

 

 

 

 

 

 

Person 3

14.Name

15.Relationship

16. Current Income

$

Person 4

3. Name of Employer 2 (if applicable)

17. Name

 

 

 

 

4.

Self-Employed as a/an (Occupation)

18.

Relationship

 

 

 

 

 

 

 

 

 

19. Current Income

$

Form I-864 10/15/19

Page 4 of 10

For

USCIS

Use

Only

Household Size

1 2 3

4 5 6

7 8 9

Other

Poverty Guideline

Year: 2 0

Poverty Line:

$

Remarks

Part 6. Sponsor's Employment and Income

(continued)

20.My Current Annual Household Income (Total all lines from Part 6. Item Numbers 7., 10., 13., 16., and 19.; the total will be compared to Federal Poverty Guidelines on

 

Form I-864P.)

$

 

 

 

 

 

 

 

21.

The people listed in Item Numbers 8., 11., 14., and

17.have completed Form I-864A. I am filing along with this affidavit all necessary Form I-864As completed by these people.

22. One or more of the people listed in Item Numbers 8., 11., 14., and 17. do not need to complete Form I-864A because he or she is the intending immigrant and has no accompanying dependents.

Name

Federal Income Tax Return Information

23.a. Have you filed a Federal income tax return for each of the

three most recent tax years?

Yes

No

 

NOTE: You MUST attach a photocopy or transcript of your Federal income tax return for only the most recent tax year.

23.b. (Optional) I have attached photocopies or transcripts of my Federal income tax returns for my second and third most recent tax years.

My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:

 

Tax Year

 

Total Income

24.a. Most Recent

 

$

 

24.b. 2nd Most Recent

 

$

 

 

 

24.c. 3rd Most Recent

 

$

 

 

 

 

 

 

 

25. I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this.

Part 7. Use of Assets to Supplement Income

(Optional)

If your income, or the total income for you and your household, from Part 6., Item Numbers 20. or 24.a. - 24.c., exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part 7. Skip to Part 8.

Your Assets (Optional)

1.Enter the balance of all savings and checking accounts.

$

2.Enter the net cash value of real-estate holdings. (Net value means current assessed value minus mortgage debt.)

$

3.Enter the net cash value of all stocks, bonds, certificates of deposit, and any other assets not already included in Item Number 1. or Item Number 2.

$

4.Add together Item Numbers 1. - 3. and enter the number

here.

TOTAL: $

 

Assets from Form I-864A, Part 4., Item Number 3.d., for:

5.a. Name of Relative

5.b. Your household member's assets from Form I-864A

(optional).$

Assets of the principal sponsored immigrant (optional).

The principal sponsored immigrant is the person listed in Part 2., Item Numbers 1.a. - 1.c. Only include the assets if the principal immigrant is being sponsored by this affidavit of support.

6.Enter the balance of the principal immigrant's savings and

checking accounts.

$

 

7.Enter the net cash value of all the principal immigrant's real estate holdings. (Net value means investment value

minus mortgage debt.)

$

 

8.Enter the current cash value of the principal immigrant's stocks, bonds, certificates of deposit, and other assets not included in Item Number 6. or Item Number 7.

$

Form I-864 10/15/19

Page 5 of 10

 

Household Size

 

 

Poverty Guideline

Sponsor's Household Income

Remarks

For

1

2

3

 

 

Year: 2 0

(Page 5, Line 10)

 

 

 

 

 

 

USCIS

4

5

6

 

 

$

 

 

 

 

 

 

 

 

Use

 

 

 

 

 

 

 

7

8

9

 

 

Poverty Line:

The total value of all assets, line 10, must equal 5 times (3 times for spouses and children of

Only

 

 

 

 

 

 

 

 

 

 

 

USC's, or 1 time for orphans to be formally adopted in the U.S.) the difference between the

 

Other

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

poverty guidelines and the sponsor's household income, line 10.

 

 

 

 

 

 

 

 

 

 

 

 

Part 7. Use of Assets to Supplement Income

What If I Choose Not to Sign Form I-864?

(Optional) (continued)

 

 

The U.S. Government cannot make you sign Form 1-864 if you

9.

Add together Item Numbers 6. - 8. and enter the number

do not want to do so. But if you do not sign Form I-864, the

intending immigrant may not become a lawful permanent

 

here.

$

 

 

 

 

 

resident in the United States.

 

 

 

 

 

 

 

Total Value of Assets

 

 

What Does Signing Form I-864 Require Me To Do?

 

 

 

 

10.

Add together Item Numbers 4., 5.b., and 9. and enter the

If an intending immigrant becomes a lawful permanent resident

 

number here.

 

 

 

 

 

in the United States based on a Form I-864 that you have

 

TOTAL: $

 

 

 

 

 

signed, then, until your obligations under Form I-864 terminate,

 

 

 

 

 

 

 

 

you must:

Part 8. Sponsor's Contract, Statement, Contact

Information, Declaration, Certification, and

Signature

NOTE: Read the Penalties section of the Form I-864 Instructions before completing this part.

Sponsor's Contract

Please note that, by signing this Form I-864, you agree to assume certain specific obligations under the Immigration and Nationality Act (INA) and other Federal laws. The following paragraphs describe those obligations. Please read the following information carefully before you sign Form I-864. If you do not understand the obligations, you may wish to consult an attorney or accredited representative.

What is the Legal Effect of My Signing Form I-864?

If you sign Form I-864 on behalf of any person (called the intending immigrant) who is applying for an immigrant visa or for adjustment of status to a lawful permanent resident, and that intending immigrant submits Form I-864 to the U.S. Government with his or her application for an immigrant visa or adjustment of status, under INA section 213A, these actions create a contract between you and the U.S. Government. The intending immigrant becoming a lawful permanent resident is the consideration for the contract.

Under this contract, you agree that, in deciding whether the intending immigrant can establish that he or she is not inadmissible to the United States as a person likely to become a public charge, the U.S. Government can consider your income and assets as available for the support of the intending immigrant.

A.Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces or U.S. Coast Guard, and the person is your husband, wife, or unmarried child under 21 years of age); and

B.Notify U.S. Citizenship and Immigration Services (USCIS) of any change in your address, within 30 days of the change, by filing Form I-865.

What Other Consequences Are There?

If an intending immigrant becomes a lawful permanent resident in the United States based on a Form I-864 that you have signed, then, until your obligations under Form I-864 terminate, the U.S. Government may consider (deem) your income and assets as available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits and also for state or local means-tested public benefits, if the state or local government's rules provide for consideration (deeming) of your income and assets as available to the person.

This provision does not apply to public benefits specified in section 403(c) of the Welfare Reform Act such as emergency Medicaid, short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; and means-tested programs under the Elementary and Secondary Education Act.

What If I Do Not Fulfill My Obligations?

If you do not provide sufficient support to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, that person may sue you for this support.

Form I-864 10/15/19

Page 6 of 10

Part 8. Sponsor's Contract, Statement, Contact

Information, Declaration, Certification, and

Signature (continued)

If a Federal, state, local, or private agency provided any covered means-tested public benefit to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, the agency may ask you to reimburse them for the amount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount that the agency believes you owe.

If you are sued, and the court enters a judgment against you, the person or agency that sued you may use any legally permitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection, including attorney fees.

If you do not file a properly completed Form I-865 within 30 days of any change of address, USCIS may impose a civil fine for your failing to do so.

When Will These Obligations End?

Your obligations under a Form I-864 that you signed will end if the person who becomes a lawful permanent resident based on that affidavit:

A.Becomes a U.S. citizen;

B.Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;

C.No longer has lawful permanent resident status and has departed the United States;

D.Is subject to removal, but applies for and obtains, in removal proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or

E.Dies.

NOTE: Divorce does not terminate your obligations under Form I-864.

Your obligations under a Form I-864 that you signed also end if you die. Therefore, if you die, your estate is not required to take responsibility for the person's support after your death. However, your estate may owe any support that you accumulated before you died.

Sponsor's Statement

NOTE: Select the box for either Item Number 1.a. or 1.b. If applicable, select the box for Item Number 2.

1.a.

I can read and understand English, and I have read

 

and understand every question and instruction on this

 

affidavit and my answer to every question.

1.b.

The interpreter named in Part 9. read to me every

 

question and instruction on this affidavit and my

 

answer to every question in

 

 

 

 

 

,

 

a language in which I am fluent, and I understood

 

everything.

2.

At my request, the preparer named in Part 10.,

 

 

,

 

prepared this affidavit for me based only upon

 

information I provided or authorized.

Sponsor's Contact Information

3.Sponsor's Daytime Telephone Number

4.Sponsor's Mobile Telephone Number (if any)

5.Sponsor's Email Address (if any)

Sponsor's Declaration and Certification

Copies of any documents I have submitted are exact photocopies of unaltered, original documents, and I understand that USCIS or the U.S. Department of State (DOS) may require that I submit original documents to USCIS or DOS at a later date. Furthermore, I authorize the release of any information from any and all of my records that USCIS or DOS may need to determine my eligibility for the benefit that I seek.

I furthermore authorize release of information contained in this affidavit, in supporting documents, and in my USCIS or DOS records, to other entities and persons where necessary for the administration and enforcement of U.S. immigration law.

I certify, under penalty of perjury, that all of the information in my affidavit and any document submitted with it were provided or authorized by me, that I reviewed and understand all of the information contained in, and submitted with, my affidavit and that all of this information is complete, true, and correct.

A.I know the contents of this affidavit of support that I signed;

B.I have read and I understand each of the obligations described in Part 8., and I agree, freely and without any mental reservation or purpose of evasion, to accept each of those obligations in order to make it possible for the immigrants indicated in Part 3. to become lawful permanent residents of the United States;

C.I agree to submit to the personal jurisdiction of any Federal or state court that has subject matter jurisdiction of a lawsuit against me to enforce my obligations under this Form I-864;

Form I-864 10/15/19

Page 7 of 10

Part 8. Sponsor's Contract, Statement, Contact Information, Declaration, Certification, and

Signature (continued)

D.

Each of the Federal income tax returns submitted in

 

support of this affidavit are true copies, or are

 

unaltered tax transcripts, of the tax returns I filed

 

with the IRS;

Interpreter's Mailing Address

3.a. Street Number

and Name

3.b. Apt. Ste. Flr.

3.c. City or Town

E.

I understand that, if I am related to the sponsored

 

immigrant by marriage, the termination of the

 

marriage (by divorce, dissolution, annulment, or

 

other legal process) will not relieve me of my

 

obligations under this Form I-864; and

F.

I authorize the Social Security Administration to

 

release information about me in its records to

 

USCIS and DOS.

3.d. State

3.f. Province

3.g. Postal Code

3.h. Country

3.e. ZIP Code

Sponsor's Signature

6.a. Sponsor's Signature

6.b. Date of Signature (mm/dd/yyyy)

NOTE TO ALL SPONSORS: If you do not completely fill out this affidavit or fail to submit required documents listed in the Instructions, USCIS or DOS may deny your affidavit.

Part 9. Interpreter's Contact Information, Certification, and Signature

Provide the following information about the interpreter.

Interpreter's Full Name

1.a. Interpreter's Family Name (Last Name)

1.b. Interpreter's Given Name (First Name)

2.Interpreter's Business or Organization Name (if any)

Interpreter's Contact Information

4.Interpreter's Daytime Telephone Number

5.Interpreter's Mobile Telephone Number (if any)

6.Interpreter's Email Address (if any)

Interpreter's Certification

I certify, under penalty of perjury, that:

I am fluent in English and

 

,

which is the same language specified in Part 8., Item Number 1.b., and I have read to this sponsor in the identified language every question and instruction on this affidavit and his or her answer to every question. The sponsor informed me that he or she understands every instruction, question, and answer on the affidavit, including the Sponsor's Declaration and Certification, and has verified the accuracy of every answer.

Interpreter's Signature

7.a. Interpreter's Signature

7.b. Date of Signature (mm/dd/yyyy)

Form I-864 10/15/19

Page 8 of 10

Part 10. Contact Information, Declaration, and Signature of the Person Preparing this Affidavit, if Other Than the Sponsor

Provide the following information about the preparer.

Preparer's Full Name

1.a. Preparer's Family Name (Last Name)

1.b. Preparer's Given Name (First Name)

2.Preparer's Business or Organization Name (if any)

Preparer's Mailing Address

3.a. Street Number

and Name

3.b. Apt. Ste. Flr.

3.c. City or Town

Preparer's Statement

7.a.

I am not an attorney or accredited representative but

 

have prepared this affidavit on behalf of the sponsor

 

and with the sponsor's consent.

7.b.

I am an attorney or accredited representative and my

 

representation of the sponsor in this case

 

extends

does not extend beyond the

preparation of this affidavit.

NOTE: If you are an attorney or accredited representative, you may be obliged to submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, or G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States, with this affidavit.

Preparer's Certification

By my signature, I certify, under penalty of perjury, that I prepared this affidavit at the request of the sponsor. The sponsor then reviewed this completed affidavit and informed me that he or she understands all of the information contained in, and submitted with, his or her affidavit, including the

3.d. State

3.f. Province

3.g. Postal Code

3.h. Country

3.e. ZIP Code

Sponsor's Declaration and Certification, and that all of this information is complete, true, and correct. I completed this affidavit based only on information that the sponsor provided to me or authorized me to obtain or use.

Preparer's Signature

8.a. Preparer's Signature

Preparer's Contact Information

4.Preparer's Daytime Telephone Number

5.Preparer's Mobile Telephone Number (if any)

6.Preparer's Email Address (if any)

8.b. Date of Signature (mm/dd/yyyy)

Form I-864 10/15/19

Page 9 of 10

Part 11. Additional Information

If you need extra space to provide any additional information within this affidavit, use the space below. If you need more space than what is provided, you may make copies of this page to complete and file with this affidavit or attach a separate sheet of paper. Type or print your name and A-Number (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

1.c. Middle Name

2.A-Number (if any)

A-

3.a. Page Number 3.b. Part Number 3.c. Item Number

3.d.

4.a. Page Number 4.b. Part Number 4.c. Item Number

4.d.

5.a. Page Number 5.b. Part Number 5.c. Item Number

5.d.

6.a. Page Number 6.b. Part Number 6.c. Item Number

6.d.

7.a. Page Number 7.b. Part Number 7.c. Item Number

7.d.

Form I-864 10/15/19

Page 10 of 10

Document Attributes

Fact Name Description
Purpose of Form The I-864 form is used to demonstrate that an immigrant has adequate financial support from a sponsor, ensuring they will not become dependent on government assistance.
Who Must File U.S. citizens and lawful permanent residents who are sponsoring an immigrant must complete the I-864 form. This applies to family-based sponsorships.
Income Requirement The sponsor must show that their income meets or exceeds 125% of the federal poverty level for their household size, which is determined annually by the U.S. Department of Health and Human Services.
Legal Framework The I-864 form is governed by federal immigration law, specifically the Immigration and Nationality Act (INA), which outlines the requirements for sponsors of immigrants.

USCIS I-864: Usage Instruction

Completing the USCIS I-864 form is an essential task for individuals sponsoring an immigrant. This form serves to demonstrate the sponsor's ability to provide financial support. The following steps detail how to fill out the form accurately and efficiently.

  1. Gather necessary documentation, which includes proof of income, tax returns, and employment verification.
  2. Download the USCIS I-864 form from the USCIS website to ensure you have the latest version.
  3. Begin filling out Section 1 by providing your full name, mailing address, and other requested personal information.
  4. Complete Section 2 with the information of the intending immigrant. This includes their name and relationship to you.
  5. Fill out your own information in Section 3, including your status, household size, and other relevant details.
  6. In Section 4, provide information about the income you receive from various sources. This may involve indicating your employment and any additional income sources.
  7. Document your assets in Section 5. List any significant assets that can help support the immigrant financially.
  8. Complete Section 6 by reporting any dependents, household size, and your tax filing status.
  9. In Section 7, review all information to ensure accuracy before proceeding to the signature section.
  10. Sign the form in the designated area and date it. Include your phone number for any follow-up communication if necessary.
  11. Make copies of your completed form and all accompanying documents for your records.
  12. Submit the form with the relevant application package to the appropriate USCIS address as determined by your case type.

After completing these steps, review everything one last time to confirm that all information is complete and accurate. It's advisable to keep a copy of everything for your records before submission.

Frequently Asked Questions

  1. What is the USCIS I-864 form?

    The USCIS I-864 form, also known as the Affidavit of Support, is a legal document that a sponsor completes when a foreign national seeks to immigrate to the United States. This form demonstrates that the sponsor has enough financial means to support the immigrant and ensure they do not become reliant on public benefits.

  2. Who needs to file the I-864 form?

    The I-864 must be filed by individuals who are petitioning for certain relatives or fiancé(e)s to immigrate to the U.S. This includes spouses, children, parents, and siblings, among others. If you are sponsoring someone, you will need to submit this form to show your ability to financially support them.

  3. What are the income requirements for filing the I-864?

    Your household income must meet 125% of the federal poverty guidelines based on your household size. This ensures that the immigrant will not become a public charge. The specific income level varies depending on the number of people residing in your household.

  4. What if I do not meet the income requirements?

    If your income is below the required threshold, you can include the income of other household members. Additionally, you may use assets to meet the requirement. Certain assets, such as savings accounts, real estate, and investments, can be counted towards the financial threshold.

  5. Is there a separate version of the form for joint sponsors?

    No, there is not a separate form for joint sponsors. Instead, a joint sponsor can fill out their own I-864 form. This person must also meet the income requirements independently and agree to financially support the immigrant.

  6. How long does the obligation last?

    Your obligation to support the immigrant lasts until one of several conditions is met: the immigrant becomes a U.S. citizen, works for 40 qualifying quarters (approximately 10 years), or leaves the U.S. permanently. If the sponsored person receives public benefits while the obligation is active, the sponsor may be required to repay the amount.

  7. Can I file the I-864 electronically?

    As of now, the I-864 must be printed, signed, and mailed. USCIS does not currently accept electronic filing for this particular form. Always check the USCIS website for the most up-to-date submission methods.

  8. What should I do if I’ve made a mistake on my I-864?

    If you realize you’ve made a mistake after submitting the form, you can write a letter explaining the correction(s) and send it to the appropriate USCIS office. Ensure you include identifying information, such as the applicant's name and case number, to help them locate your file.

Common mistakes

Filling out the USCIS I-864 form can be a daunting task, and many applicants make common mistakes that could lead to delays or even denials. One frequent error is failing to provide complete information. The form requires details about income, assets, and household size. Omitting details or providing incomplete figures can result in requests for additional evidence or rejection of the application.

An essential part of the I-864 is reporting income accurately. Some individuals mistakenly report their income without including all necessary sources. For example, if someone has multiple jobs or receives supplemental income, all sources must be listed. This oversight can raise concerns about the sponsor’s ability to support the intending immigrant.

Another common mistake is using outdated or incorrect financial documents. Applicants should ensure that they provide current tax returns, W-2 forms, and pay stubs. Using older documents could create confusion and lead the reviewing officer to question the accuracy of the submitted information.

Many people overlook the need for an original signature on the form. The I-864 must be signed in ink. Failure to do so can cause delays in processing or even rejection of the application. Digital signatures do not meet the requirement for this form.

Underestimating the importance of instructions is also a frequent error. The form comes with specific guidance that outlines how to fill it out correctly. Ignoring these instructions or making assumptions about what is needed can result in mistakes that delay the application process.

Additionally, people sometimes forget to include their household size accurately. This figure is crucial as it impacts the income requirement. An incorrect count can lead to calculations that don’t meet USCIS standards, which could cause a denial of the application.

Failure to report any changes in financial circumstances can also be detrimental. If the sponsor’s financial situation changes significantly after the form is submitted, it is important to inform USCIS. Not doing so may raise questions about the sponsor's ability to provide adequate support.

Many individuals also mistakenly believe that they can submit the form without supporting documents. However, attaching the necessary evidence, like proof of income and citizenship, is vital. Incomplete applications may lead to requests for more information that can prolong the process.

Finally, not seeking help when needed can lead applicants to make avoidable mistakes. If unsure about filling out the form, consulting an immigration attorney or seeking assistance from a trusted source can help clarify any uncertainties and improve the chances of a successful application.

Documents used along the form

The USCIS I-864 form, also known as the Affidavit of Support, is a critical document used during the immigration process to demonstrate an applicant's financial support. When filing this form, there are several other documents that you might need to submit as part of your application. These documents help to paint a complete picture of your financial situation and commitment to supporting the immigrant. Below are five common forms and documents used alongside the I-864 form.

  • I-130 Petition for Alien Relative: This form is the initial petition filed by a U.S. citizen or legal permanent resident to establish a qualifying relationship with a foreign relative. It is one of the first steps in the immigration process.
  • I-485 Application to Register Permanent Residence or Adjust Status: This document allows an eligible individual already in the U.S. to apply for a green card. Along with the I-864, it supports the adjustment process.
  • Tax Returns and W-2 Forms: You need to submit your most recent tax returns from the IRS and W-2 forms. These documents validate your income and financial stability, reinforcing the assurance provided in the I-864 form.
  • Proof of Income: This may include recent pay stubs, bank statements, or employment verification letters. These documents confirm your current income levels and demonstrate your ability to support the immigrant.
  • Form I-864A (Contract Between Sponsor and Household Member): If you have additional household members contributing to your financial support, their income can be combined with yours. This form outlines the agreement among household members regarding financial responsibility.

In summary, each of these documents plays a vital role in the immigration process involving the I-864 form. Collecting and submitting them accurately can help streamline the application process and demonstrate your financial readiness to support the immigrant. Being prepared with the necessary paperwork can lead to a smoother experience with the USCIS.

Similar forms

The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document used in the immigration process. It demonstrates that a sponsor can financially support an immigrant. Several other documents share similar purposes or functions. Below are six documents that are comparable to the I-864 form, along with their similarities:

  • Form I-134: This form also serves as an Affidavit of Support, but it's primarily used for nonimmigrants. Just like the I-864, it aims to show that the individual has the financial means to support the visa applicant and prevent them from becoming a public charge.
  • Form I-864A: This is a contract of support used when a household member contributes to the financial support of an immigrant. Similar to the I-864, it binds the parties to a financial obligation, showing that the sponsor can meet income requirements with help from others in the household.
  • Form I-864EZ: This simpler version of the I-864 is designed for sponsors who meet specific qualifications. It performs the same function as the standard I-864 form but includes fewer complications, making it easier to complete.
  • Form I-944: The Declaration of Self-Sufficiency, while not identical in its uses, also assesses an immigrant’s ability to support themselves financially. It evaluates an applicant's resources and prospects, similar to the income assessment in the I-864.
  • Form N-400: The Application for Naturalization asks about the applicant’s financial history and affirms their good moral character. While it’s not directly tied to the support obligation like the I-864, it reflects the importance of financial stability in the immigration process.
  • Form I-601: The Application for Waiver of Grounds of Inadmissibility includes information on the petitioner's financial support capabilities. Like the I-864, it plays a critical role in addressing the immigrant's potential requirement for public assistance.

Understanding these documents can help clarify the responsibilities and requirements involved in the immigration process. Each plays a unique role in ensuring that immigrants have the support needed to thrive in their new environment.

Dos and Don'ts

When filling out the USCIS I-864 form, it is important to follow specific guidelines to ensure your application is processed smoothly. Below is a list of important dos and don'ts to consider.

  • Do read the instructions carefully before filling out the form.
  • Do provide accurate and truthful information throughout the application.
  • Do include all necessary documentation to support your application.
  • Do consult with an immigration attorney if you have any doubts about the process.
  • Don't leave any sections of the form blank; use "N/A" if a question does not apply to you.
  • Don't submit the form without a signature; an unsigned application will be rejected.
  • Don't forget to double-check your contact information for any typos.
  • Don't rely solely on online resources; confirm information through official channels.

Misconceptions

The following are common misconceptions regarding the USCIS I-864 form, also known as the Affidavit of Support.

  • Myth 1: The I-864 form only applies to financial sponsors.
  • This form is required for sponsors to demonstrate sufficient financial means to support the immigrant, and it also encompasses the sponsor's household and any joint sponsors if applicable.

  • Myth 2: Any income can be used for the I-864 form.
  • The income reported must be from a lawful source and meet specific guidelines. Not all types of income are acceptable, such as certain government benefits.

  • Myth 3: Only U.S. citizens can file an I-864.
  • Lawful permanent residents can also submit the form as a sponsor for a family member. Therefore, both citizens and lawful permanent residents have the right to file.

  • Myth 4: The required income level is the same for every sponsor.
  • Income requirements vary based on household size and geography. Different levels apply depending on the state and number of people in the household.

  • Myth 5: I can use assets to meet the income requirement without documentation.
  • While assets can be included, proper documentation must accompany claims. Sponsors must provide evidence of the value and liquidity of such assets.

  • Myth 6: Once the I-864 is filed, there is no further obligation.
  • The sponsor has a legal obligation to support the immigrant until they become a U.S. citizen or can be credited with 40 qualifying quarters of work.

  • Myth 7: The I-864 form can be submitted without any prior immigration process.
  • The I-864 must be submitted along with the immigrant visa application or adjustment of status petition. It cannot be submitted independently.

  • Myth 8: A joint sponsor's income does not need to be reported on the I-864.
  • All income from a joint sponsor must be reported. The joint sponsor must complete their own form to affirm their support and indicate their income.

Key takeaways

When completing and using the USCIS I-864 form, also known as the Affidavit of Support, keep these key takeaways in mind:

  • Ensure accuracy: Double-check all the information provided on the form. Mistakes or omissions can lead to delays in the application process.
  • Understand income requirements: The sponsor must demonstrate the ability to support the immigrant financially, usually at 125% of the federal poverty guidelines.
  • Gather necessary documents: Attach proof of income, such as tax returns and pay stubs, to validate the financial claims made in the form.
  • Filing fee considerations: There is no fee for submitting the I-864 form, but other related forms may have fees, depending on your situation.
  • Multiple sponsors: If the primary sponsor's income is insufficient, additional sponsors can be included on the form to meet financial requirements.
  • Legal obligations: Be mindful that signing the I-864 form creates a legally enforceable contract to support the immigrant, which has lasting implications.

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