Filling Out Form I-864, Affidavit of Support Under Section 213A of the Act
In order to petition for and sponsor an immigrant to become a U.S. permanent resident (receive a green card), the U.S. citizen or permanent resident petitioner must show readiness and ability to support that person financially for a period of years. The idea is to demonstrate to the U.S. government that the immigrant is not inadmissible as someone likely to become a public charge -- that is, someone who will need to receive need-based government assistance (often called "welfare").
The affidavit represents the petitioner/sponsor's promise to either support the immigrant financially or pay back (reimburse) any government agencies from which the immigrant does claim financial assistance. It also shows the sponsor's capacity to provide the promised support, by proving income and assets (if need be) that are at least 125% of the amount at which someone would be considered to be living in “poverty,” according to the U.S. government's Poverty Guidelines.
U.S. Citizenship and Immigration Services (USCIS) has prepared a form for the petitioner to fill out, called Form I-864. It's available for free download on the USCIS website.
In fact, USCIS offers two versions of this form: the standard I-864, and a shorter I-864EZ, for use by petitioners who are sponsoring only one person on the Form I-130 petition and using only a salary or pension as income (no assets and so forth), with that income shown on one or more Forms W-2 provided by an employer(s) or former employer(s).
A Form I-864 can also be used by someone who is not the petitioner. If the petitioner's income is insufficient and there are no household members who can contribute, a separate sponsor (called a “joint sponsor”) from outside the household can fill in an additional affidavit of support on the immigrant's behalf, also using the instructions below.
Note that a few petitioners need not fill out this form; see Who Is Exempt From Filling Out Form I-864 Affidavit of Support.
The instructions we give below are for the long version of Form I-864, dated 07/02/2015 and expiring 07/31/2017.
Need to prepare affidavits for several family members at once? A sponsor who is bringing in more than one person using the same Form I-130 visa petition, such as a spouse and children, can make copies of Form I-864 (and its supporting documents) after signing it. This will be possible for only a few applicants, however, such as those whose U.S. spouse is a permanent resident. If the spouse is a U.S. citizen, all the children will have needed their own Forms I-130, and will also need separately filled-out Forms I-864.
First, some general rules
It’s best to type your answers into the form using a computer or similar electronic device. If you can’t, or if you need to add information that can’t be typed, you should write with black ink.
However, avoid writing outside the spaces provided for your answers. If you need more space than what is provided on the form, use the space provided in Part 11 on page 12. If that’s still not enough, you can attach a separate sheet of paper to the form. On each such sheet, provide your name and alien registration number (A-number) (if you have one) at the top, and indicate the page number, part number, and item number to which each of your answers refers. You must sign and date each sheet.
Sometimes a question on the form will not apply to you (for example, if you have no middle name). Rather than leaving the space blank, type or print “N/A” (for “not applicable”). Or, if the question applies to you but the answer is zero or none (for example, if you have no children), type or print “None.” Follow those rules unless the form tells you otherwise.
These sections are self-explanatory, with the following notes:
- In Part 1, check box 1.a if you petitioned to get the immigrant a visa or green card on the basis of a family relationship. Box 1.b is for individuals who petitioned to get the immigrant a visa or green card on the basis of a job and are related to the immigrant; however, check box 1.c if you don’t personally employ your relative but own more than five percent of a company that does. Anyone who agreed to fill in this form as a joint sponsor would check either box 1.d or box 1.e—usually box 1.d. The only time there are two joint sponsors is when there are additional family members being sponsored—you may want to consult an immigration lawyer if you are not sure two joint sponsors are allowed. A “substitute sponsor” (box 1.f.) is someone who is signing the form in place of the petitioner because the petitioner died. Substitute sponsors must be related to the immigrant.
- In Part 2, the immigrant would have an "A number" (alien registration number) only if he or she had previously applied for a green card or other immigration benefit or had been in deportation or removal proceedings. The immigrant would have a USCIS ELIS account number only if he or she had created an Electronic Immigration System (ELIS) account online for some immigration-related purpose.
- In Part 3, the sponsor must list and give information on the family members being sponsored with this form. In question 1, check “no” only if you are the second of two joint sponsors. Check the box in question 2 and list family members only if appropriate. The form warns you not to include family members who must be listed on a separate visa petition. It means don’t list family members if the person being sponsored is immigrating as an “immediate relative” (the parent, spouse, or minor child of a U.S. citizen)—the family members of an “immediate relative” must be listed on a separate visa petition and need a separate Form I-864 filled out for them. You don’t need to name any children who were born in the United States, since they aren't immigrating (though they will be counted elsewhere within this form to test the sponsor’s overall financial capacity based on who the sponsor is already responsible for). Don’t overlook question 28—the total number of immigrants you are sponsoring—which is easy to do if you are skipping the family member questions. You’ll need this number for Part 5 of the form.
- In Part 4, note that the sponsor’s country of domicile (question 5) must be the United States in order to be eligible as a financial sponsor. If the sponsor lives outside the U.S., he or she can meet this requirement by showing steps taken to return to the U.S. and make it his or her residence as soon as the immigrant enters. Such steps might include giving notice of intent to quit a job overseas, selling the overseas house, finding U.S. employment, locating a place to live, and registering children in U.S. schools. Fill in the section asking for a physical address (questions 4.a. through 4.h.) only if you check “no” in question 3.
- In Part 5, Sponsor’s household size, USCIS wants you to tell it how many people you’ll be financially responsible for when you sign the affidavit. Therefore, it’s important not to count anyone twice. Part 5 can be a little confusing, because USCIS wants you to add up the number of various types of people you’re financially responsible for, but it might look like some people can fall into more than one category. You’ll notice, however, that the form divides the categories into people you’re sponsoring on the form (box 1), and people you’re not sponsoring on the form (all the other boxes). So, for example, if you’re sponsoring your spouse, he or she is counted in the number in box 1. You don’t enter a “1” in box 3 because that box is only for people NOT being sponsored. Don’t count anyone in box 6 unless they already have received their green card. If you’re signing a separate affidavit of support for someone else at the same time you’re signing this affidavit, do not count that person.
Part 6, Sponsor’s Employment and Income
Questions 1.a.−1.d.: The sponsor needs to check one or more of boxes. If you’re checking box 1.a., you can use the job title that your employer gives you. If you have more than one employer and do different jobs, you’ll need to add your second job title on page 12. If you’re retired, USCIS is most interested in the employer(s) from which you may be receiving retirement benefits; if you’re not, put the last employer you had. Be aware that if a self-employed sponsor has underreported income in the past, the earnings shown may not be sufficient to support the intending immigrant. In that case, the sponsor will need to file an amended tax return and pay a penalty before the newly reported income is accepted as meeting the guidelines for sponsorship.
Question 2: The easiest thing to do, if you file your tax returns as a single person, is to enter the “total income” figure from your most recent federal income tax return. This can be found on line 22 of Form 1040, line 15 of IRS Form 1040A, line 3 (“adjusted gross income”) of Form 1040EZ, or line 23 (“total effectively connected income”) of Form 1040NR. If this number exceeds 125% of the poverty level for your household size, and you provide tax documents to substantiate the number (such as a W-2 or Schedule C), USCIS will rarely question you further. If that is the case, we do not recommend putting any other number, even if you feel it does not reflect your current annual income.
If you file your tax returns as a married person and the tax returns reflect your spouse’s income as well, the easiest thing to do is to figure out exactly how much of the “total income” number is yours. This number should match the number on the W-2 or other tax document that you (yourself) received. Explain on page 12 why this number is different than the number that shows up on your latest federal income tax return.
Not every case is so easy. Frequently, the “total income” number on the latest federal income tax return is not 125% of the poverty level for the household size, but the sponsor’s current annual income is in fact sufficient. For example, the sponsor may have income that is not considered part of “total income” on the tax form, such as nontaxable Social Security retirement income, alimony, or child support. If that’s the case, explain on page 12 and provide evidence of the income.
Or, the sponsor may be making more money than he or she was the previous year. If you need to rely on that, you might have to predict how much money you will make this year and support your calculation with evidence. USCIS will require a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual wage or pay rate, plus pay records showing your income for the previous six months.
Questions 3−17: These questions are important for sponsors whose income is not enough by itself, but who will be using the income of members of their household to help meet the Poverty Guidelines minimum requirements. If you are relying on the income of household members, check box 16, except if you are just relying on the income of the immigrant you are sponsoring and that person has no dependents who are immigrating with him or her. Such household members must complete a separate agreement with the sponsor, using Form I-864A. If the immigrant’s income can be used (the immigrant must be a member of your household) and he or she has no dependents who are immigrating with him or her, check box 17 and provide the immigrant’s name, because the immigrant won’t have to submit a Form I-864A. The total annual household income from the sponsor and household members goes in box 15.
Questions 18−19c.: For persons who filed federal income tax returns as single, the numbers USCIS is looking for in the “total income” boxes in 19.a., 19b., and 19.c. can be found on line 22 of IRS Form 1040, line 15 of IRS Form 1040A, line 3 (“adjusted gross income”) of Form 1040EZ, or line 23 (“total effectively connected income”) of IRS Form 1040NR . Persons who filed as married will have to determine how much of the number on those lines is attributable to their own personal income.
Part 7, Use of Assets to Supplement Income
The sponsor needs to complete this section only if his or her income (combined with any household member income) wasn’t enough by itself to meet the Poverty Guidelines requirements. If the sponsor needs to add assets, which may include such items as a house, second car (so long as it's in working condition), or a boat, remember to subtract debts, mortgages, and liens before writing down their value. And remember that the value of these assets will later be divided by three before being used to meet the Poverty Guidelines minimum if the the immigrant is the spouse or child of a U.S. citizen sponsor, and will be divided by five otherwise.
If the combination of the sponsor’s household available income and either one-third or one-fifth (as appropriate) of the sponsor’s household and/or the immigrant’s assets do not yet meet the Poverty Guidelines minimum, the immigrant will still need to hand in this affidavit, but will need to seek a joint sponsor.
Part 8, Sponsor’s Contract, Statement, Contact Information, Certification, and Signature
Check box 2 and provide a name if someone else filled in the form based on information you provided. USCIS also wants to know if that person is your lawyer or accredited representative (a person who is not a lawyer but who is legally allowed to represent people in immigration matters). Your signature and the date go in boxes 6.a. and 6.b. on page 9. You must sign in pen (preferably black ink)—USCIS won’t accept a stamped or typed signature, or any kind of copied or faxed signature. A legal guardian can sign for a mentally incompetent person.
Part 9, Interpreter’s Contact Information, Certification, and Signature
If you checked box 1.b. in Part 8, the interpreter will have to complete this part.
Part 10, Preparer’s Contact Information, Statement, Certification, and Signature
If you checked box 2 in Part 8, the preparer will have to complete this part. Attorneys and accredited representatives have to tell USCIS in question 7.b. whether they are representing the sponsor just for purposes of filing the affidavit of support, or for other aspects of the immigratin case as well.
Part 11, Additional Information
As mentioned above, use page 12 to add information and explanations that there was no space for in the rest of the form.