USCIS Form I-864: Everything You Need to Know

I-864 Explained

What Is Form I 864?

The I-864 Form, also known as the Affidavit of Support, is required in certain immigration cases to demonstrate that the sponsor has sufficient financial resources to support the immigrant and prevent them from becoming a public charge. This form is typically required when a U.S. citizen or lawful permanent resident sponsors a family member for a green card. In employment-based cases, Form I-864 is required only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or has at least a 5% ownership interest in the business that filed the petition. Additionally, if the primary sponsor does not meet the income requirements, a joint sponsor may file Form I-864 to assist financially. The U.S. Citizenship and Immigration Services (USCIS) requires this form when an immigrant seeks permanent residency through family or certain employment sponsorship​

Who Needs To File The I-864 Form?

The I-864 Form, also known as the Affidavit of Support, is typically required when an immigrant is seeking permanent residency or a green card through family-based or certain employment-based sponsorships. The following individuals are required to submit the I-864 Form:

• Immediate relatives of U.S. citizens, including spouses, unmarried children under 21, and parents of U.S. citizens who are 21 or older.

• Family-based preference immigrants, which include unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and siblings of U.S. citizens who are 21 or older.

• Employment-based immigrants only in cases where a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or has a significant ownership interest (at least 5%) in the entity that filed the petition.

The sponsor, who must file the I-864, must be at least 18 years old and a U.S. citizen, U.S. national, or lawful permanent resident. If the sponsor’s income is insufficient to meet the financial requirements, a joint sponsor may also be required to file an I-864.

To qualify as a sponsor, it is essential to be domiciled in the United States, which means having a principal residence in the U.S. and intending to maintain that residence indefinitely. To demonstrate domicile, the sponsor must provide evidence such as a valid U.S. address, U.S. tax records, voting records, property ownership, or maintaining U.S. bank accounts. Sponsors must also provide proof of their U.S. citizenship or lawful permanent resident status, such as a U.S. birth certificate, passport, Certificate of Naturalization, Certificate of Citizenship, or Permanent Resident Card (Form I-551). These documents ensure the sponsor’s ability to fulfill the financial obligations under the Affidavit of Support.

What does the I-864 Form require?

The I-864 Form requires the sponsor to provide detailed information about their income, assets, and financial obligations. The sponsor's income must be at least 125% of the Federal Poverty Guidelines for their household size, except for sponsors on active duty in the U.S. Armed Forces who are sponsoring their spouse or child, in which case the income requirement is 100% of the Federal Poverty Guidelines.

To support the I-864 Form, the sponsor must provide supporting documents such as tax returns, W-2s, and employment verification letters. Specifically, the sponsor must submit a copy of their most recent Federal individual income tax return, along with a copy of each Form W-2 and Form 1099 related to those returns. If the sponsor chooses to submit an IRS transcript of their tax return, they do not need to include the W-2 or 1099 forms unless they filed a joint tax return and are relying solely on their own income to qualify. Sponsors may also submit transcripts or photocopies of their Federal individual income tax returns for the last three years if they believe this will help demonstrate their ability to maintain sufficient income. Foreign tax returns should only be submitted if the sponsor was not required to file a Federal individual income tax return and wishes to rely on the foreign return to establish income.

Additionally, the sponsor must agree to financially support the immigrant and any dependents until they become U.S. citizens, can be credited with 40 qualifying quarters of work (approximately 10 years), or permanently leave the United States. This obligation continues even if the sponsor and immigrant divorce, separate, or if the immigrant loses their job.

If the sponsor's income alone does not meet the required threshold, they can use their assets to help meet the financial requirements. Qualifying assets must be convertible to cash within one year without significant hardship to the sponsor or their family. Examples include real estate, bank accounts, stocks, bonds, and other investments. The sponsor must provide evidence of ownership, the asset’s location, the date of acquisition, and its current market value. For real estate, a recent appraisal from a licensed appraiser and information about any mortgages or liens must be included. Additionally, the sponsor can use the assets of household members or the intending immigrant, provided these individuals submit Form I-864A (Contract Between Sponsor and Household Member) with the necessary documentation. The total value of the assets must be at least five times the difference between the sponsor’s income and the Federal Poverty Guidelines, or three times if sponsoring a spouse or child.

In cases where the original petitioner dies after the approval of the Form I-130 petition but before the intending immigrant obtains lawful permanent residence, a substitute sponsor is required. The substitute sponsor must be a close relative of the intending immigrant, such as a spouse, parent, sibling, child (at least 18 years of age), son-in-law, daughter-in-law, grandparent, or legal guardian. This substitute sponsor must be a U.S. citizen, lawful permanent resident, or U.S. national. They must complete and submit Form I-864 and provide proof of their relationship to the intending immigrant, proof of U.S. citizenship or residency, and evidence of sufficient income or assets to meet the financial requirements. The intending immigrant must also provide a statement explaining why the visa petition should be reinstated, along with a copy of the Form I-130 approval notice​.

I-864 Instructions

What Documents Are Needed For I-864?

In certain immigration situations, Form I-864 is required to demonstrate that the intending immigrant has sufficient financial support and will not become a public charge in the United States. In addition to the completed Form I-864, the following documents are generally required to support the affidavit:

Federal Income Tax Documents: A copy of your most recent Federal individual income tax return (IRS Form 1040) is required. You may also submit transcripts or photocopies of your Federal individual income tax returns for the past three years if you believe this will help establish your financial ability. Do not submit copies of your state income tax returns or foreign tax returns unless they are necessary to demonstrate the amount of your income not subject to U.S. taxes​.

Proof of Income: Provide recent pay stubs or other evidence showing your current income. You may also submit a letter from your employer that includes their address, phone number, and details about your salary​.

Employment Letter: If applicable, include a letter from your employer that confirms your job, income, and employment status. This letter can further support your income claims​.

Assets Documentation: If you need to use assets to meet the income requirements, provide proof of those assets. This includes real estate appraisals, bank statements, or documentation of other valuable properties. You must provide evidence of ownership, the asset's location, the date of acquisition, and its current market value​.

Proof of Citizenship or Permanent Residence: A copy of your U.S. passport, birth certificate, Certificate of Naturalization, Certificate of Citizenship, or Permanent Resident Card (Form I-551) is required to demonstrate your status as a U.S. citizen or lawful permanent resident​.

Supporting Documents for Household Members: If you include the income or assets of any household members or dependents, they must submit Form I-864A, along with proof of their income, assets, and relationship to you. This applies if you are using their resources to meet the financial requirements​.

The specific documents needed may vary based on individual circumstances, so it is important to review the most recent guidelines from the U.S. Citizenship and Immigration Services (USCIS) or consult an immigration attorney to ensure you provide the required documentation

How To Translate Required Documents For I-864 Form?

When you need to get required documents translated, there are some steps which you can follow:

1- Communicate with a professional translation provider: It is critical to get correct certified translation. Because of that, to ensure accuracy, legal compliance, and timeliness in the US immigration process, a professional translation provider is essential for the required documents which are needed for the I-864. It is critical to use a professional translator who is fluent in both English and the language into which you require the form to be translated. Professional translators can be found through translation agencies or online directories.

2- Obtain a certified translation: Your translation should be certified. Make sure the translator has certified it. This means that the translator has attested to the translation's accuracy. When submitting your immigration application, include the translated form as well as the original English version.

It is important to note that any document not written in English must be accompanied by a certified translation. Failure to provide a certified translation may cause your immigration application to be delayed or even denied.

How To Fill Out Form I-864?

Form I-864 (Affidavit of Support) is used to show that a U.S. citizen or lawful permanent resident is financially capable of supporting an immigrant intending to immigrate to the U.S. Here are the steps for completing and submitting Form I-864 according to the official instructions:

1- Determine Eligibility: Before filing Form I-864, ensure that you are eligible to be a sponsor. You must be a U.S. citizen or lawful permanent resident, at least 18 years old, and domiciled in the United States. Additionally, your income must meet or exceed 125% of the Federal Poverty Guidelines for your household size, unless you are on active duty in the U.S. Armed Forces and sponsoring a spouse or child, in which case the requirement is 100% of the poverty guidelines​.

2- Download and Complete Form I-864: You can download Form I-864 from the USCIS website. The form must be filled out in English, using black ink. Carefully follow the instructions and ensure all information provided is correct and up to date​.

3- Gather Supporting Documents: Along with the completed Form I-864, you will need to submit supporting documents, including:

• A copy of your most recent Federal income tax return (IRS Form 1040).

• Copies of W-2s and 1099s associated with the tax return, or an IRS transcript.

• Proof of current income, such as recent pay stubs or a letter from your employer​.

• Documentation of any assets being used to meet the income requirement, such as real estate appraisals or bank statements​.

4- Submit the Form and Documents: Once you have completed the form and gathered all necessary supporting documents, you must submit everything to the appropriate USCIS office. Check the USCIS website to determine the correct filing address, depending on whether the beneficiary is applying for adjustment of status or consular processing.

5- No Filing Fee for USCIS Submission: There is no filing fee when submitting Form I-864 to USCIS. However, if you are submitting the form through the U.S. Department of State (for consular processing), check the appropriate fee information on their website​.

6- Await USCIS Response: After submitting the form, USCIS will send you a notice acknowledging receipt. They may request additional information or documentation if necessary​.

Remember, by signing Form I-864, you are agreeing to financially support the intending immigrant until they either become a U.S. citizen or can be credited with 40 qualifying quarters of work in the U.S. This obligation remains even if personal circumstances change, such as a divorce​

How To Complete Form I-864?

1- Download and Begin the Form:

You can download Form I-864 from the USCIS website. The form must be filled out in black ink and should be typed or printed legibly.

2- Part 1: Basis for Filing the Affidavit of Support:

Select the reason for submitting the affidavit (e.g., if you are the petitioner sponsoring a family member or if you are a joint or substitute sponsor).

3- Part 2: Information About the Principal Immigrant:

Provide the full name, date of birth, country of birth, Alien Registration Number (if applicable), and USCIS Online Account Number (if applicable) of the person you are sponsoring​.

4- Part 3: Information About Additional Family Members:

If applicable, list the names, relationships, and Alien Registration Numbers of any family members immigrating at the same time as the principal immigrant or within six months​.

5- Part 4: Information About You (Sponsor):

Provide your full name, mailing address, physical address (if different), date of birth, Social Security number, and details about your U.S. citizenship or residency status​.

6- Part 5: Household Size:

Include yourself, your spouse, dependent children, and anyone else you are financially supporting or have sponsored on previous Form I-864 submissions​.

7- Part 6: Sponsor’s Employment and Income:

Enter your current employment status, name of your employer(s), and your current individual annual income. If necessary, include income from household members or the intending immigrant, and provide details for each person's income​.

8- Part 7: Use of Assets to Supplement Income (Optional):

If your income does not meet the required threshold, you may include assets such as real estate, bank accounts, and stocks. Enter the value of each asset, and if you are including assets of the household or intending immigrant, provide supporting documentation​.

9- Part 8: Sponsor’s Declaration and Certification:

Read the obligations carefully before signing. By signing, you agree to support the immigrant financially and understand the legal consequences of not fulfilling these responsibilities. You must also include your contact information and sign the form​.

10- Supporting Documents:

Attach copies of your most recent federal tax return, along with W-2s and/or 1099 forms. You may also provide tax transcripts and documentation proving any additional income or assets​.

11- Submission:

Submit the completed form along with the required supporting documents to the appropriate USCIS or Department of State address based on the immigrant's application process

How Much Does It Cost To File An I-864 Form And How Much Is The I-864 Processing Fee?

When filed with an adjustment of status application (Form I-485) or a Form I-130 petition for an immediate relative, there is no filing fee for Form I-864 (Affidavit of Support). The filing fee for Form I-864 is subject to change, so be sure to check the USCIS website for the most up-to-date information before submitting your application. Form I-864 does not have a separate processing fee. The filing fee covers the cost of processing the form and the accompanying application. If you file the form with other applications (such as Form I-485 or Form I-130), the processing fees for those applications may be different. Please keep in mind that if you file Form I-864 with the United States Department of State (DOS), such as in connection with an immigrant visa application, DOS may charge you additional fees. For more information on those fees, visit the DOS website or a DOS office. If you want to know about the processing fees for filing with the U.S. Department of State, you should check their guidelines.

Again, the most up-to-date information on filing and processing fees can be found on the USCIS website or by consulting with an immigration attorney or an accredited representative.

Withdrawing from I-864

How To Withdraw Affidavit Of Support I-864?

To withdraw an Affidavit of Support (Form I-864), a sponsor, co-sponsor, or joint sponsor must send a written withdrawal notice to the office handling the affidavit, such as the National Visa Center (NVC) or the U.S. Embassy abroad, for consular processing cases, or to the U.S. Citizenship and Immigration Services (USCIS) or Immigration Court for adjustment of status within the U.S. The withdrawal must be received and acted upon before the immigrant visa is issued or the green card application is approved. Once the immigrant is admitted as a lawful permanent resident or their green card is approved, the affidavit cannot be withdrawn unless the underlying visa petition is successfully withdrawn, which would terminate the immigrant's permanent resident status​.

FAQs on I-864

What Is The Difference Between I-864 And I-134?

Form I-864 (Affidavit of Support) is a legally binding contract used for family-sponsored immigrants and certain employment-based immigrants applying for permanent residency. It requires the sponsor to financially support the immigrant until they become a U.S. citizen or have worked for 40 qualifying quarters. In contrast, Form I-134 (Declaration of Financial Support) is used for temporary stays, such as nonimmigrant visa holders or parolees, to demonstrate that the beneficiary has sufficient financial support for the duration of their stay in the U.S. Unlike I-864, Form I-134 is not legally enforceable and is generally used for short-term support​.

What Is The Difference Between I-864 And I-864w?

The difference between Form I-864 and Form I-864W lies in their purpose and usage. Form I-864 is required for most family-based and some employment-based immigrants to demonstrate that a sponsor has adequate financial resources to prevent the immigrant from becoming a public charge in the U.S., creating a legally binding financial obligation. In contrast, Form I-864W is used by immigrants who are exempt from the affidavit of support requirement, such as those who have earned 40 qualifying quarters under the Social Security Act, certain children who will automatically become U.S. citizens upon entering the U.S., self-petitioning widows or widowers, and self-petitioning battered spouses or children.

What Is The Difference Between I-864 And I-864ez?

The primary difference between Form I-864 and Form I-864EZ lies in their complexity and eligibility requirements. Form I-864 is the standard Affidavit of Support form used for most family-based immigrants and some employment-based immigrants, requiring detailed financial documentation such as federal tax returns, W-2s, and proof of income or assets to demonstrate that the sponsor has sufficient financial resources to prevent the immigrant from becoming a public charge. It is generally used in more complex cases or when multiple individuals are being sponsored. On the other hand, Form I-864EZ is a simplified version of Form I-864, designed for sponsors who meet specific conditions, making it easier and faster to complete.

Sponsors can use Form I-864EZ if they are sponsoring only one relative, if their income is based solely on salary or pension (as shown on IRS Form W-2), and if no other family members are immigrating based on the same visa petition. Form I-864EZ cannot be used if the sponsor is self-employed, acting as a joint sponsor, or if the sponsor needs to demonstrate assets to meet the income requirement. By using Form I-864EZ, sponsors are still committing to the same legal responsibilities, but the form is shorter and less cumbersome for straightforward cases where the sponsor’s financial situation is straightforward and easily documented through employer-provided income​.

How Long Is The I-864 Form Valid For?

The obligations of the sponsor under the I-864 Affidavit of Support remain in effect until one of the following events occurs:

• The immigrant becomes a U.S. citizen.

• The immigrant has earned or can be credited with 40 qualifying quarters of work (approximately 10 years) in the U.S.

• The immigrant leaves the U.S. permanently and abandons their lawful permanent resident status.

• The immigrant dies.

Divorce from the sponsored immigrant does not terminate the obligation. Therefore, the I-864 form remains valid indefinitely until one of the above events occurs.

Can I File I-864 Online?

Form I-864 cannot be filed online. It must be completed and submitted in paper form to the appropriate U.S. Citizenship and Immigration Services (USCIS) or Department of State (DOS) address. The form must be printed, signed, and accompanied by the required supporting documents.

Can I Electronically Sign Form I-864?

No, you cannot sign Form I-864 electronically. The form must be signed by hand and be original, according to USCIS instructions. The signature must be in ink and match the name of the sponsor as it appears on the form. If the sponsor is unable to sign the form in person, they may have a preparer or authorized representative sign on their behalf, as long as the representative signs the form in the sponsor's presence and fills out their own name and contact information in the appropriate fields on the form.

It is essential to carefully follow USCIS instructions to ensure that the form is correctly completed and signed in accordance with their requirements. If you have any questions or concerns about signing Form I-864, you should seek the advice of an immigration attorney or an accredited representative.

Can Multiple Sponsors File An I-864 Form For The Same Immigrant?

Yes, multiple sponsors can file an I-864 form for the same immigrant. This occurs when the primary sponsor's income is insufficient to meet the financial requirements. In such cases, a joint sponsor can submit a separate I-864 to help meet the income requirements. Each joint sponsor must meet the income threshold independently and submit their own I-864 form. The joint sponsor assumes the same financial responsibility for the immigrant as the primary sponsor​.

What Happens If The Sponsor Does Not Fulfill Their Obligations Under The I-864 Form?

If the sponsor does not fulfill their obligations under the I-864 form, the sponsored immigrant or any federal, state, or local government agency that provides means-tested public benefits to the immigrant can sue the sponsor to recover the cost of those benefits. The sponsor is legally required to reimburse the agency for the value of any means-tested public benefits provided to the immigrant. This obligation remains in effect until the immigrant becomes a U.S. citizen, earns 40 qualifying quarters of work, leaves the U.S. permanently, or dies. Failure to fulfill the obligations can result in legal action, and the sponsor could be held liable for the costs.

What Are The Consequences Of Filing An Incomplete Or Inaccurate I-864 Form?

Yes, for some applicants the Form I-864, Affidavit of Support, is often requested along with the Form I-485, Application to Adjust Status. The Form I-864 is used to show that the prospective immigrant has sufficient financial support and won't become a burden on the American public. It is typically necessary for those applying for immigrant visas based on family and some applicants for visas based on job. To ascertain if the Form I-864 is necessary for your unique scenario, it is important to review the most recent USCIS guidelines and instructions or obtain legal counsel. This is because the precise needs and circumstances may vary.

What Is The Difference Between I 130 And I-864?

The primary difference between Form I-130 and Form I-864 lies in their purpose and role in the immigration process. Form I-130 (Petition for Alien Relative) is filed by a U.S. citizen or lawful permanent resident to establish a qualifying family relationship with a foreign national, initiating the process for the family member to immigrate to the U.S. It serves to prove the relationship and is the first step in obtaining an immigrant visa or green card. On the other hand, Form I-864 (Affidavit of Support) is submitted later in the process to demonstrate that the sponsor has sufficient financial resources to support the immigrant and prevent them from becoming a public charge. While Form I-130 is focused on proving the familial relationship, Form I-864 focuses on the financial responsibility of the sponsor once the immigrant arrives in the U.S.

Can I Sponsor Myself For I-864?

You cannot sponsor yourself using Form I-864. The purpose of the form is for a U.S. citizen or lawful permanent resident to sponsor an intending immigrant, demonstrating that the immigrant will have adequate financial support. The sponsor must be someone other than the immigrant, typically a family member, and must meet the income requirements to prevent the immigrant from becoming a public charge. If the sponsor's income is insufficient, a joint sponsor can be used, but the immigrant cannot sponsor themselves​.

What Is The Household Size For I 864?

The sponsoring petitioner, their spouse, if applicable, their dependent children (including stepchildren and adopted children), who are U.S. citizens or holders of green cards, and the intending immigrants for whom the affidavit is being submitted make up the household size for Form I-864, Affidavit of Support. For the intended immigrants to avoid becoming a public charge in the United States, the sponsor must show that their income is at or above the minimal amount set by the American government for this combined household size. To satisfy the financial commitment, the sponsor may utilize their own income, the income of family members, and qualifying assets; nevertheless, each household member has an impact on the minimum income requirement.

Is I 864 Required For I 485?

When filing Form I-485 for adjustment of status, Form I-864 is usually required. This affidavit of support demonstrates financial ability to support the intending immigrant and is an important part of the application process for permanent residency in the United States.

All in all, the I-864 form is a critical document in the immigration process that requires careful attention and consideration. Ultimately, taking the time to fully understand and fulfill your obligations under the I-864 form can help to ensure a successful and smooth immigration process.

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