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 a form that is used in certain immigration cases to demonstrate that the sponsor has sufficient financial resources to support the immigrant. When a U.S. citizen or lawful permanent resident sponsors a family member for a green card, an employer sponsors a foreign worker for a green card, or a joint sponsor contributes financially to the immigrant, the I-864 Form is typically required.The form is required by the US Citizenship and Immigration Services (USCIS) when an immigrant seeks permanent residency or a green card through family or employment sponsorship.

Who Needs To File The I-864 Form?

When an immigrant seeks permanent residency or a green card through family or employment sponsorship, the I-864 Form is typically required. The individuals listed below may be required to file the I-864 Form:

• Immediate family members of U.S. citizens, such as spouses, unmarried children under 21, and parents of U.S. citizens who are 21 or older, are eligible to immigrate to the United States.

• Family members who are eligible for immigration under family-based preferences include unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of permanent residents, married sons and daughters of U.S. citizens, and siblings of U.S. citizens who are 21 or older.

• Individuals who are eligible for employment-based immigration must have a U.S. citizen, lawful permanent resident, or U.S. national relative who has either filed the immigrant visa petition or has a significant ownership interest (at least 5%) in the entity that filed the petition.

An I-864 Form must be filed by anyone who is sponsoring an immigrant seeking permanent residency in the United States. The sponsor must be at least 18 years old and a US citizen, US national, or lawful permanent resident of the United States. A joint sponsor may be required to file an I-864 Form if the sponsor's income is insufficient to meet the financial requirements.

What does the I-864 Form require?

The sponsor is required to provide information about their income, assets, and financial obligations on the I-864 Form. The sponsor's income must be at least 125% of the federal poverty guidelines for their household size. I-864 support documents, tax returns, and employment verification letters may be examples of I-864 supporting documents that must also be provided by the sponsor. If you believe that additional returns will help you establish your ability to maintain a sufficient income, you may submit transcripts or photocopies of your three most recent Federal individual income tax returns. However, do not submit any foreign tax returns unless you claim that you were not required to file a Federal individual income tax return with the United States Government and wish to rely solely on the foreign return to establish the amount of your income that is not subject to tax in the United States.

If you submit a photocopy of your Federal individual income tax returns, you must also submit a copy of each Form W-2 and Form 1099 that is related to your returns. If you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy, do not include copies of these forms unless you filed a joint income tax return with your spouse and are qualifying based solely on your income.

Furthermore, the sponsor must agree to financially support the immigrant and any dependents who accompany them until they become U.S. citizens, work for 40 qualifying quarters (usually about 10 years), or leave the United States permanently. This means that the sponsor is obligated to support the immigrant even if they divorce, separate, or the immigrant loses his or her job.

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 adequate 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 usually required to support the affidavit:

Tax Documents: Copies of your most recent federal income tax returns (IRS Form 1040).

Proof of Income: Recent pay stubs, an employment letter, or any other evidence of your current income.

Employment Letter: A letter from your employer confirming your job, income, and employment status.

Assets Documentation: Provide proof of any assets, such as real estate, bank statements, or other valuable properties, if applicable.

Proof of Citizenship or Permanent Residence: A copy of your U.S. passport, birth certificate, or green card, for example.

Supporting Documents for Any Dependents: If you include dependents on the affidavit, you may be required to provide their information as well as supporting documents.

Remember that the specific documents needed may vary depending on your personal circumstances and the type of visa or immigration case you're pursuing. It's always a good idea to double-check the most recent USCIS (United States Citizenship and Immigration Services) guidelines or consult with an immigration attorney to ensure you have all of 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 US citizen or lawful permanent resident is financially capable of supporting an immigrant intending to immigrate to the US. Here are the steps for submitting Form I-864:

1- Determine eligibility: Before filing Form I-864, you must determine if you are eligible to be a sponsor. You must be a U.S. citizen or lawful permanent resident, at least 18 years old, and meet certain income requirements. You must also be willing to sign an affidavit of support for the intending immigrant.

2- Download and fill out the following form: Form I-864 is available for download from the USCIS website. The form must be filled out in English and in black ink. Follow the instructions carefully and make sure the information provided is correct and up to date.

3- Gather supporting documents: To demonstrate that you meet the I-864 income requirements, you may also provide supporting documents such as tax returns, W-2s, and pay stubs. If you do not meet the I-864 income requirements, you may require the assistance of a joint sponsor or a household member.

4- Submit the form: Once the form is completed and all necessary supporting documents have been gathered, you must submit the form and supporting documents to the appropriate USCIS address. The beneficiary's filing address is determined by whether the beneficiary is applying for adjustment of status or consular processing. The appropriate address can be found on the USCIS website.

5- Pay the fee: When submitting the form, you must also pay the I-864 filing fee. Form I-864 currently has a filing fee of $120. However, filing fees may change. You should check the current I-864 filing fee on the USCIS website.

6- Wait for a response from USCIS: After submitting the form and supporting documents, you will receive an acknowledgement letter from USCIS confirming receipt of your application. If necessary, USCIS may request additional information or documentation.

It is important to remember that submitting Form I-864 is a serious responsibility, as the sponsor is financially responsible for the intending immigrant. You should consult with an immigration attorney or other qualified legal professional to ensure that you meet the requirements and understand your responsibilities as a sponsor.

How To Complete Form I-864?

1- Download the form from the USCIS website or pick one up in person at a USCIS office.

2- Part 1 of the form requires you to enter your personal information, which includes your full name, address, date of birth, and social security number.

3- In Part 2, provide information about the intending immigrant you are sponsoring, such as their name, date of birth, country of birth, and alien registration number (if known).

4- Provide information about your household size and income in Part 3. You must include the number of people in your household, which includes you, your spouse, and any dependents. You must also provide information about your income, such as your current job and the sources of your income.

5- In Part 4, describe your assets, such as real estate, bank accounts, and other financial resources that you can use to support the prospective immigrant.

6- Sign and date the form in Part 5. If you have a joint sponsor, they must sign the form as well as provide personal and financial information in Parts 6 and 7.

7- In order to demonstrate your income and assets, gather supporting documents such as tax returns, pay stubs, bank statements, and other financial records.

8- Submit the completed form and supporting documents to USCIS as part of the intending immigrant's permanent residency application.

To ensure that the form is correctly completed, it is critical to carefully read and follow the instructions on it. If you are unsure how to complete the form or have questions, you should speak with an immigration attorney or an accredited representative.

What Information Is Required On The I-864 Form?

The sponsor is required to provide detailed information about their income, assets, and financial obligations on the I-864 Form. The following is a breakdown of the information requested on the form:

1- Sponsor's personal information: The sponsor must provide their full legal name, address, date of birth, social security number, and other identifying information.

2- Relationship to the immigrant: The sponsor must indicate their relationship to the immigrant they are sponsoring, such as spouse, parent, or sibling.

3- Household size: The sponsor must provide information about the number of people living in their household, including themselves, dependents, and other individuals they support financially.

4- Income: The sponsor must provide their income for the most recent tax year, as well as any other sources of income, such as rental income or pension payments. The sponsor must also provide documentation of their income, such as tax returns, W-2 forms, and pay stubs.

5- Assets: The sponsor must provide information about their assets, such as bank accounts, real estate, and stocks. The sponsor must also provide documentation of their assets, such as bank statements, property deeds, and investment account statements.

6- Financial obligations: The sponsor must provide information about their debts and other financial obligations, such as credit card debt, mortgages, and child support payments.

7- Signature: The sponsor must sign the form and certify under penalty of perjury that the information provided on the form is true and accurate. Overall, the I-864 Form requires detailed financial information from the sponsor to demonstrate that they have sufficient income and resources to support the immigrant they are sponsoring without the need for government assistance. The sponsor must also provide supporting documentation to verify the information provided on the form. Additionally, required or supporting documents should be written in English. That is, if your documents are written in another language, they should be translated. For this process, you will need certified translation. Regarding this issue, you can check out our article.

What Is The Biometric Services Appointment For The I-864 Form?

In contrast, biometric services refer to the collection of an individual's fingerprints, photograph, and signature for the purposes of identity verification and background checks. Most immigration applications, including the I-864 form, require biometric services. When a person submits an immigration application that requires biometric services, they will be sent an appointment notice for biometric services. This notice will include the date, time, and location of the individual's appointment at a USCIS Application Support Center (ASC) to have their biometrics collected. As a result, if you have submitted an immigration application that requires biometric services, you will receive a separate biometric services appointment notice after submitting the application.

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?

Withdrawing an affidavit of support (Form I-864) requires you to write a formal letter to the USCIS office where the affidavit was submitted, explaining your reasons for withdrawal and providing any supporting documentation that is available. Legitimate reasons, such as changes in circumstances or the sponsored immigrant's financial independence, must be provided. The use of certified mail ensures proof of receipt. Nonetheless, withdrawing an affidavit may have consequences for the sponsored individual's immigration process, so consulting with an immigration attorney is strongly advised before proceeding.

FAQs on I-864

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

Forms I-864 (Affidavit of Support) and I-134 (Affidavit of Support) are both used in the immigration process in the United States, but they serve different purposes. Form I-864 is used to show that a US citizen or lawful permanent resident is financially capable of supporting an immigrant intending to immigrate to the US. The sponsor must show proof of their income, assets, and financial resources to demonstrate that they can support the intending immigrant without relying on government assistance. Most family-based and some employment-based immigration petitions require this form. Form I-134, on the other hand, is a shorter form that is used to demonstrate that a US citizen or lawful permanent resident can financially support a nonimmigrant visitor to the US. This form is typically used for tourist visas, business visas, and other nonimmigrant visas that are temporary in nature. The sponsor must show proof of income, assets, and financial resources to demonstrate that they can support the nonimmigrant visitor during their stay in the United States. In summary, Form I-864 is used for immigrants who intend to stay in the United States permanently, whereas Form I-134 is used for nonimmigrants who intend to stay in the United States temporarily. Furthermore, the income and financial requirements for each form may differ, as may the consequences for failing to meet the requirements.

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

Both Form I-864 (Affidavit of Support) and Form I-864W (Intending Immigrant's Affidavit of Support Exemption) are used in the United States immigration process, but they serve different functions. Form I-864 is used to show that a US citizen or lawful permanent resident is financially capable of supporting an intending immigrant who is applying for permanent residency in the US. The person who will be your sponsor must show proof of his or her financial situation. That is, it can be understood that immigrant seekers do not need government assistance.

Form I-864W, on the other hand, is used by certain intending immigrants to request an exemption from the Affidavit of Support requirement. This form is typically used when an intending immigrant can demonstrate that they will be ineligible for public benefits in the United States or that requiring an Affidavit of Support would result in extreme hardship. The intending immigrant must submit Form I-864W along with their application for permanent residency, and USCIS will decide whether the exemption is granted.

In summary, Form I-864 is used to demonstrate financial support for an intending immigrant, whereas Form I-864W is used to request an exemption from the Affidavit of Support requirement for certain intending immigrants who can show that they will be ineligible for public benefits or that requiring an Affidavit of Support would cause extreme hardship.

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

Forms I-864 and I-864EZ are used in the United States immigration process to demonstrate that an intending immigrant has adequate financial support in the United States. There are, however, some significant differences between these forms:

Complexity: The I-864EZ is a simplified version of the I-864 that is intended for use by certain individuals who meet specific criteria, such as those who are sponsoring their spouse or those who are qualifying based on their own income. The I-864 is a more complex form that must be used when the I-864EZ cannot be used.

Eligibility: The I-864EZ can only be used by people who meet certain requirements, such as those who are sponsoring their spouse or using their own income to qualify. When the I-864EZ cannot be used, such as when the intending immigrant is a relative other than a spouse, or when the sponsor is using assets or joint sponsors to meet the income requirement, the I-864 is required.

Income Requirements: The I-864 and I-864EZ have different income requirements. The income requirement for the I-864EZ is based on the sponsor's household size and income, whereas the income requirement for the I-864 is more complex and takes into account the sponsor's income, assets, and liabilities.

Documentation: The I-864 has more documentation requirements than the I-864EZ. For example, the I-864 requires tax returns for the previous three years, whereas the I-864EZ only requires tax returns for the most recent year. In summary, the I-864EZ is a simplified version of the I-864 that can be used by individuals who meet specific criteria, whereas the I-864 is a more complex form that is required when the I-864EZ cannot be used.

How Long Is The I-864 Form Valid For?

As the Department of State expressed, I-864 remains valid indefinitely. The I-864 Form is generally valid until the sponsored immigrant becomes a US citizen, has worked in the US for 40 qualifying quarters (usually about 10 years), leaves the US permanently, or dies. It should be noted that the I-864 Form is a legally binding contract between the sponsor and the United States government, and failure to meet the form's obligations can result in financial penalties and other consequences. As a result, before signing the form, sponsors should carefully review the terms of the I-864 Form and ensure that they can meet the financial obligations.

Can I File I-864 Online?

No, you cannot currently file Form I-864 online. The paper version of Form I-864 is the only one accepted by USCIS. You can obtain the form from the USCIS website, complete it, and mail it in with the intending immigrant's application for permanent residency.

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 is referred to as "joint sponsorship." When the primary sponsor's income and assets are insufficient to meet the financial requirements for sponsoring the immigrant or if the primary sponsor does not meet the eligibility criteria for sponsorship, such as being under the age of 18, joint sponsorship is often required. To file a joint sponsorship, both the primary and joint sponsors must file separate I-864 forms and provide evidence of their income and assets to demonstrate that they meet the financial requirements. To determine whether the financial requirements have been met, the total income and assets of the primary sponsor and the joint sponsor will be considered together.

It is important to note that joint sponsorship is a serious commitment because both the primary and joint sponsors are jointly and severally liable for the immigrant's financial support. If the immigrant receives government benefits or assistance, both sponsors may be held liable for reimbursing the government.

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

If a sponsor fails to meet their obligations under the I-864 form, the sponsored immigrant may be able to sue to enforce the sponsor's obligations. The I-864 form is a legally binding contract between the sponsor and the United States government, and failure to meet the form's obligations can result in serious consequences for the sponsor. Some of the consequences of failing to meet the obligations of the I-864 form may include:

1- The sponsored immigrant may be able to sue the sponsor in court to enforce the sponsor's obligations to provide financial support.

2- The U.S. government may take legal action against the sponsor to recover any public benefits that the sponsored immigrant receives, such as Medicaid or food stamps.

3- The sponsored immigrant may be able to seek support from the state government, which may seek reimbursement from the sponsor for any public benefits provided.

4- The sponsor may be subject to fines or penalties for failing to meet their obligations under the I-864 form.

Overall, it is critical that sponsors take their obligations under the I-864 form seriously and fulfill them as promised. If a sponsor is unable to meet their obligations, they should seek legal counsel to better understand their options and the potential consequences.

Do I Need A Lawyer To File An I-864 Form?

While hiring a lawyer to file an I-864 form is not legally required, it is always a good idea to seek legal advice before submitting any immigration form. The I-864 form is a legally binding contract between the sponsor and the United States government that contains significant financial and legal obligations. A lawyer can advise you on the I-864 form's requirements and obligations, as well as help you navigate any potential complications or issues that may arise during the application process. They can also assist in ensuring that your application is complete and accurate, lowering the risk of delays or denials. If you do not wish to hire a lawyer, it is critical that you carefully read the instructions and requirements for the I-864 form and provide all required information and documentation. Any errors or omissions in the application can cause delays or even application denials.

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?

Form I-130

Purpose: The Form I-130 is used by a U.S. citizen or lawful permanent resident (holder of a green card) to prove that a foreign national who wants to immigrate to the country has a qualifying familial link. It's the first step in the process of applying for a family-based immigrant visa (green card) on behalf of a family member.

Sponsor's Role: The "petitioner" is the U.S. citizen or lawful permanent resident who submits the Form I-130 and sponsors the foreign-born family member (the "beneficiary") for immigration to the country.

Documentation: Typically, the Form I-130 requests documentation of the family relationship, such as marriage certificate for partners or birth certificates for kids.

Form I-864

Purpose: The Form I-864 is a financial support form that is used to show that the sponsoring petitioner, who is either a U.S. citizen or a holder of a green card, has the resources to support the intended immigrant and that the immigrant is unlikely to become a burden on society while in the country.

Sponsor's Role: In order to guarantee financial support for the intended immigrant during the process of adjustment of status (green card) or consular visa application, the sponsor (petitioner) submits the Form I-864.

Documentation: In order to satisfy the financial requirements established by the U.S. government to assist the immigrant, the sponsor must submit documentation of income, employment, or assets on the Form I-864.

In conclusion, while the Form I-864 is a financial support document that guarantees the intended immigrant won't rely on public benefits and that the petitioner has the means to maintain them, the Form I-130 demonstrates the beneficiary and petitioner's familial link. Although both forms frequently play a role in the process of sponsoring a relative's immigration to the United States, their respective roles within the broader immigration application process vary.

Can I Sponsor Myself For I-864?

No, you cannot use the Form I-864, Affidavit of Support, to sponsor yourself. The Form I-864 is intended specifically for a U.S. citizen or lawful permanent resident (holder of a green card) to sponsor an intending immigrant, proving their ability to provide for the immigrant financially. The sponsor is expected to demonstrate that the intended immigrant will not become a public charge in the United States by demonstrating adequate income, assets, or support from a joint sponsor to meet the income requirements.

You must have a qualified sponsor who is a U.S. citizen or holder of a green card willing to file the Form I-864 on your behalf if you are the intending immigrant and need to meet the financial requirements for your visa application or adjustment of status. To support your immigration application, this sponsor must be able to back it financially and legally. On the same Form I-864, you cannot serve as both the beneficiary and the sponsor.

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.

“We collected and distilled information on immigration for our site visitors from USCIS and other sources as a basic guide. MotaWord is a translation platform providing certified translations for immigration applicants and not a law firm. The information provided should not be construed as legal advice and might not be current. For current information please refer to the USCIS website or speak to your licensed immigration attorney.”