I 864 affidavit of support

I-864 Affidavit of Support Form: Complete Guide & Download

The I-864 Affidavit of Support is a critical document in the U.S. immigration process. It is a legally binding contract between a sponsor and the U.S. government, ensuring that the sponsored immigrant will not become a public charge. This form is required to demonstrate that the intending immigrant will have adequate financial support upon arrival in the United States. Understanding its purpose and requirements is the first step toward a successful family-based or employment-based immigrant visa application. Download the latest i-864 affidavit of support form pdf directly from USCIS to get started.

What is the I-864 Affidavit of Support?

The I-864 Affidavit of Support is a legally enforceable document required by U.S. immigration law. By signing this form, a sponsor accepts financial responsibility for the intending immigrant. This obligation typically lasts until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work, leaves the United States permanently, or passes away. It is not merely a promise but a contract with the federal government that can be enforced. The sponsor must demonstrate their ability to maintain the immigrant at an annual income that is at least 125% of the Federal Poverty Guidelines. This is a key part of the affidavit of support requirements.

Who needs to file the I-864 form?

Several parties involved in the immigration process must file the I-864 form. The primary requirement falls on the petitioner who filed the immigrant visa petition, such as a Form I-130 for a family member. This is typically a U.S. citizen or lawful permanent resident sponsoring a relative. In certain employment-based immigration cases, the petitioner who filed Form I-140 may also need to submit an I-864. Furthermore, if the primary sponsor's income does not meet the requirements, a joint sponsor I-864 must also file a separate I-864. It is important to verify the specific requirements for your visa category, as the need for this affidavit is nearly universal for family-based immigration.

How to download the I-864 form (PDF)

To ensure you are using the most current and acceptable version, always download the I-864 form directly from the official U.S. Citizenship and Immigration Services (USCIS I-864) website. Using outdated forms can lead to delays or rejection of your application. On the USCIS site, you can find the latest I-864 pdf download along with the official I-864 instructions. It is highly recommended to review the instructions thoroughly before you begin filling out the form. Having the correct form is the foundation of a successful submission.

Step-by-step guide on how to fill out the I-864 form

Filling out the I-864 form accurately is paramount. Here is a breakdown of key sections and how to fill out I-864:

1. Part 1. Basis for Filing Affidavit of Support: Select the correct basis, such as being the petitioner of an immigrant visa or a joint sponsor.
2. Part 2. Information on the Principal Immigrant: Enter the immigrant's name, date of birth, and Alien Registration Number (if any) exactly as they appear on official documents.
3. Part 3. Information on the Immigrant(s) You Are Sponsoring: List all immigrants included on the affidavit, including derivatives. Accuracy here is crucial for calculating household size.
4. Part 4. Information on the Sponsor: Provide your complete personal information, including Social Security Number, which is mandatory.
5. Part 5. Sponsor's Household Size: This is a critical calculation. Include yourself, your dependents, the principal immigrant, any other immigrants you have sponsored, and others living in your household. An incorrect household size will lead to an incorrect income requirement assessment.
6. Part 6. Sponsor's Income and Employment: You must provide evidence of your current annual income. This section asks for employment information and your individual Federal income tax return information for the three most recent tax years.
7. Part 7. Use of Assets to Supplement Income: If your income alone does not meet the requirement, you may use assets. The value of assets must generally be five times the difference between your income and the poverty guideline for your household size.
8. Part 8. Sponsor's Contract: Read this section carefully. By signing, you are accepting the legal obligations outlined. Do not sign until you are before a notary public or, if outside the U.S., before a consular or immigration officer as instructed.

Required documentation for the I-864

What documents should I submit with the I-864 form? The supporting documentation is as important as the form itself. You must include proof of your status as a U.S. citizen, U.S. national, or lawful permanent resident. The most critical evidence is your Federal income tax returns or transcripts for the three most recent tax years. You must also provide proof of current employment or self-employment, such as recent pay stubs or an employment verification letter. If you are using assets, you must include evidence of ownership and the asset's fair market value, such as bank statements or appraisal reports. W-2s and/or 1099 forms corresponding to your tax returns are also typically required. Failure to include the correct documentation is a common reason for requests for evidence (RFE) or denials.

Understanding I-864 income requirements

What are the I-864 income requirements? The sponsor's household income must be at least 125% of the Federal Poverty Guidelines for their household size. For sponsors who are on active duty in the U.S. Armed Forces sponsoring a spouse or child, the requirement is 100%. The poverty guidelines are updated annually and vary based on where the sponsor resides (the 48 contiguous states and D.C., Alaska, or Hawaii). Your "household income" is generally your total income reported on your Federal tax return, not just your salary. It includes wages, salaries, tips, interest, dividends, and income from other sources. How much income is needed to sponsor someone in the USA? There is no single dollar amount; it depends entirely on your household size and the current year's poverty guidelines. You must calculate your specific requirement based on the most recent figures provided by the Department of Health and Human Services.

Information on joint sponsors for the I-864

If the primary sponsor does not meet the income requirements, a joint sponsor I-864 may be used. A joint sponsor must be a U.S. citizen, national, or lawful permanent resident who is at least 18 years old and domiciled in the United States. The joint sponsor must meet the 125% poverty guideline requirement for their own household size, which includes the intending immigrant(s). The joint sponsor files a separate, complete I-864 form with their own supporting documentation and assumes full, independent legal responsibility for the immigrant. It is possible to have more than one joint sponsor, but each must independently meet the requirement for their household size including all immigrants they are sponsoring.

Common mistakes to avoid when filling out the I-864

What are common mistakes made on the I-864 form? Avoiding errors can prevent significant delays. Common pitfalls include:

• Incorrect Household Size: Miscalculating the number of dependents and sponsored individuals.
• Using an Outdated Form: Always check the USCIS website for the latest edition date.
• Incomplete or Missing Tax Documentation: Submitting only one year of tax returns instead of three, or failing to include all required schedules and W-2s.
• Inconsistent Information: Discrepancies between the income listed on the form, the tax returns, and pay stubs.
• Improper Signatures: Forgetting to sign, or signing without the required notary or witness present as specified in the instructions.
• Omitting Required Evidence of Status: Failing to include a copy of the sponsor's birth certificate, passport, or permanent resident card.

Careful review against the official instructions is the best defense against these mistakes.

What happens after the I-864 is submitted?

What happens after the I-864 is approved? The I-864 itself is not typically "approved" in isolation; it is evaluated as part of the overall immigrant visa or adjustment of status application. After submission to USCIS or the National Visa Center (NVC), a reviewing officer will assess it for completeness and sufficiency. If information is missing or the income appears insufficient, they may issue a Request for Evidence (RFE) or a notice of intent to deny. If the form is deemed sufficient, the financial sponsorship requirement for the application is considered met. The legal obligations of the sponsor, however, commence once the immigrant is admitted to the U.S. with the visa or adjusts status. These obligations remain in effect as previously described.

Differences between I-864, I-864A, and I-864EZ

It is crucial to use the correct form. The standard I-864 is the primary Affidavit of Support used by sponsors and joint sponsors. Form I-864A, the Contract Between Sponsor and Household Member, is used when a member of the sponsor's household (like a spouse or adult child) wishes to combine their income with the sponsor's to meet the requirement. The household member contracts with the sponsor, not directly with the government. Form I-864EZ is a shorter version that may be used only if the sponsor is petitioning for a relative and using only their own employment income (not the income of household members or assets) to meet the requirement, and the sponsored immigrants are only the principal immigrant and/or the sponsor's spouse and/or children. Using the wrong form will result in the rejection of your submission.

Frequently Asked Questions

What is the purpose of the I-864 Affidavit of Support? Its primary purpose is to ensure that immigrants coming to the United States have adequate financial support and will not need to rely on government benefits, thereby preventing them from becoming a "public charge."

Do I file the I-130 and I-864 together? Not initially. The I-130 (Petition for Alien Relative) is filed first. Once it is approved and the visa petition reaches the National Visa Center or the applicant is ready to apply for adjustment of status, the I-864 is then submitted as part of the financial evidence package.

Can the I-864 form be filled out online? While you can download the I-864 PDF and fill it out on your computer, it cannot be submitted electronically for most family-based processes. It must be printed, signed with a wet signature (before a notary if required), and mailed with the supporting evidence.

How much does it cost to file the I-864 form? There is no separate filing fee for the I-864 form itself. However, it is submitted as part of an application that does have fees, such as the immigrant visa application fee or the Application to Register Permanent Residence or Adjust Status (Form I-485).

How do I fill out the Affidavit of Support form I-864? Follow the step-by-step guide in this article, but always cross-reference with the official instructions provided by USCIS with the form. When in doubt, consult with a qualified immigration attorney for personalized guidance.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Immigration laws are complex and subject to change. Always consult with a qualified immigration attorney for advice specific to your situation.

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