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Affidavit of Support - Form I-864

Affidavit of Support - Form I-864

All immigrant visa applicants in the categories below must present a contractually binding Affidavit of Support (Form I-864), signed by the petitioner:

  • All family-based immigrants (Note: Biological (natural-born) children of American citizens under the age of eighteen, orphans, self-petitioning widow/widowers and battered spouses and children are exempt)
  • Those employment-based immigrants who are petitioned by a relative or by a business in which a relative has significant ownership interest

The purpose of the Affidavit is to assist consular officers in determining whether a visa applicant will have adequate means of financial support in the U.S. and will not become a public charge. By executing this form, the petitioner agrees to reimburse any government agency or private entity that provides the sponsored alien with any means-tested public benefits. The sponsor/joint sponsor's obligation continues until the sponsored immigrant becomes a U.S. citizen, can be credited with 40 qualifying quarters of work, departs the United States permanently, or dies. Divorce does not terminate the obligation.

Note: Mistakes in completing the I-864 are a common reason for delays with an immigrant visa application. Please read all instructions and the following information carefully before filling out the I-864.

Affidavit of Support Forms:

  • I-864 (Affidavit of Support)
  • I-864A (Contract Between Sponsor and Household Member)

    • Note: Form I-864A may only be used when a sponsor's income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resouces with the income and/or assets of a sponsor to meet the requirements. For example, Jane is sponsoring her brother, Jack, but Jane's income is combined with that of her husband, Ronald. In order to use Ronald's income in the I-864, Jane fills out the I-864 and Ronald fills out the I-864A. Both are thereby agreeing to sponsor Jack.

Who May Be Considered a "Household Member" for Purposes of This Form?

  • A relative who has the same principal (physical) residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;
  • A relative or other person whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent Federal income tax return even if that person does not live at the same residence as the sponsor;
  • The intending immigrant, in certain circumstances. (Detail please See "How Can the Intending Immigrant Be Considered a Household Member"? on the instruction page of this form)

Who May Use Form I-864EZ?

You may use Form I-864EZ IF ALL the following conditions apply:

  • You are the person who filed or is filing the Form I-130, Petition for Alien Relative, for a relative being sponsored;
  • The relative you are sponsoring is the only person listed on the Form I-130 petition;
  • The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s).

You should use this form instead of Form I-864 with your application for an immigrant visa if any of the following apply:

  • Intending immigrant have earned (or can be credited with) 40 quarters of coverage under the Social Security Act (SSA). If the intending immigrant has 40 quarters or SSA coverage, you are exempt from the requirement to file Form I-864.
  • Intending immigrant is a child who will become a U.S. citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA).
  • You are filing for an immigrant visa as a self-petitioning widow(er).
  • You are filing for an immigrant visa as a self-petitioning battered spouse or child.

Frequently Asked Questions:

Notice

  • Immigration law requires the sponsor to submit his/her most recent Federal income tax return if the sponsor was required to file. The Internal Revenue Service (IRS) requires Americans and lawful permanent residents who are working abroad to file income tax returns even if most or all of their overseas income is excluded from U.S. taxes. The Embassy will not issue an immigrant visa to an applicant whose sponsor (and joint sponsor) does not show proof of having reported his/her income to the IRS.

    Sponsors may obtain tax transcripts by mailing a completed Form 4506-T to the IRS. Be sure to order transcripts at least one month before the visa interview date.