General Information
& Frequently Asked Questions
Affidavit of Support (Form I-864)
Overview
Review of I-864 for Completeness
- National Visa Center Role
Household Size
Requirements for the Sponsor
Domicile
Means Tested Public Benefits
Assets
Completing the I-864
Accompanying Family Members
Death of the Sponsor
Expiration of the I-864
Children of American Citizens
More Information on the I-864
Overview
The I-864 Affidavit
of Support is a contract between a sponsor and the applicant that is required
for some immigrant visas. In this contract the sponsor agrees to provide
financial support for the applicant until he/she becomes an American citizen
or can be credited with 40 quarters of work (usually ten years). The sponsor
must show that he/she has income equal to or greater than 125 percent
of the federal poverty guidelines for his/her household size. The legal
basis for the I-864 Affidavit of Support is Section 213A of the Immigration
and Nationality Act (INA).
Who needs an
I-864 Affidavit of Support?
The following applicants
for immigrant visas need an I-864:
- Most applicants
in family-based immigrant visa categories
- Orphans to be adopted
in the United States (IR-4)
- Applicants for
employment-based immigrant visas whose relative filed the immigrant
visa petition or whose relative has a five percent or greater ownership
interest in the business that filed the petition
Which applicants
for family-based immigrant visas do not need the I-864 Affidavit of Support?
The following applicants
for family immigrant visas do not need an I-864.
- Biological (natural-born)
children of American citizens (IR-2 immigrant visa category) who will
enter the United States when under the age of eighteen and will automatically
acquire American citizenship
- Orphans adopted
by an American citizen abroad (IR-3 immigrant visa category) with a
full and final adoption
- Self-petitioning
widows or widowers of American citizens (IW immigrant visa category)
- Immigrants who
have already worked or can be credited with 40 qualifying quarters of
work as defined in title II of the Social Security Act.
The applicants must
show, however, that they will not become a public charge. A consular officer
may ask for an I-134 Affidavit of Support and supporting documents.
Do applicants
for all nonimmigrant and immigrant visas use the I-864 Affidavit of Support
when they want to show evidence of financial support?
No. Section 213A of
the INA limits the I-864 to most family-based and certain employment-based
immigrant visa applicants.
Do applicants
who are applying for an immigrant visa in a visa category that does not
require the I-864 Affidavit of Support, such as the diversity immigrant
visa, need to meet the public charge provisions of Section 213A of the
INA?
No. Consular officers
will review immigrant visa applicants whose visa categories do not require
the I-864 under the public charge guidelines in Section 212(a)(4) of the
Immigration and Nationality Act. The sponsor will need to show income
at 100 percent of the federal poverty guidelines for household size, not
the 125 percent required under Section 213A of the INA.
Should K-1 fiance(e)
visa applicants use the I-864 or the I-134?
Since fiance(e)s are
nonimmigrant visa applicants, they should use the I-134. They will need
to submit an I-864 to BCIS when they adjust status to conditional immigrant
in the United States after they are married.
Should diversity
(DV) or returning resident (SB) applicants use the I-864 or the I-134?
They should use the
I-134. The I-864 can only be used in the specified categories (most family-based
and certain employment-based cases). All other applicants must use the
I-134 if an affidavit of support is needed.
Do the same
income requirements apply to all immigrant visa applicants even if they
use the I-134?
No. The 125 percent
minimum income requirement, the need for the last three years income tax
returns and other requirements only apply when an I-864 is needed. Applicants
using the I-134 will need to show that their sponsor's income is 100 percent
of federal poverty guidelines as required under Section 212(a)(4) of the
INA.
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Review
of the I-864 for Completeness - National Visa Center Role
How is the I-864
processing fee paid?
The National Visa
Center (NVC) processes immigrant visa petitions after the Bureau of Citizenship
and Immigration Services in the Department of Homeland Security (BCIS)
approves them. When the immigrant visa case is current or about to become
current, the NVC will send a bill to the petitioner asking him/her to
pay an I-864 processing fee. The NVC will send the bill with an envelope
with a bank address and instructions on where and how to pay the bill.
When does the
NVC send the I-864?
After the bill has
been paid, the NVC will send the I-864 Affidavit of Support to the petitioner
for completion. The petitioner/sponsor will complete and sign the I-864
before a notary public. After the I-864 is complete, the petitioner should
send it to the NVC using the envelope provided.
What does the
NVC do with the I-864?
The NVC will review
the I-864 for technical completeness and correctness. If the I-864 is
not technically correct or complete, the NVC will ask the petitioner/sponsor
to correct and complete the I-864 a second time. It will explain what
is lacking in the previously submitted I-864.
When a corrected I-864
is returned to the NVC, it will be sent to the embassy or consulate where
the applicant will apply for a visa. The NVC will send it with the immigrant
visa petition.
Does the NVC
review I-864 Affidavits of Support for petitions filed at a post (embassy
or consulate) abroad?
No. The NVC only reviews
I-864 Affidavits of Support for immigrant visa petitions filed at an Bureau
of Citizenship and Immigration Services in the Department of Homeland
Security (BCIS) office in the United States. If the petition was filed
at a post abroad or the petition was already at post when the NVC began
to review I-864 Affidavits of Support, it will not review the I-864.
Unless the NVC communicates
with you about the I-864, it is not a part of the I-864 review process.
If the consular
officer says the applicant needs a joint sponsor, does the joint sponsor
send the I-864 to the NVC for review?
No. If the post asks
for a joint sponsor, the joint sponsor should send the completed I-864
directly to the applicant. The applicant will submit the I-864 to the
consular officer for review.
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Household
Size
What does household
size mean on the I-864?
Household size means
all those living in the sponsor's house or dependent on the sponsor for
support. The household size is:
- The sponsor
- All relatives by
blood, marriage or adoption living in the sponsor's household
- All dependents
listed on the most recent federal tax forms (IRS 1040), whether or not
they live in the sponsor's household.
- Any individuals
for whom the sponsor has already signed an I-864 and for whom the contractual
obligation still exists
- The applicant (beneficiary)
for the visa
- The applicant's
(beneficiary's) accompanying dependents
Can a petitioner
(sponsor) with limited financial resources sponsor only the principal
applicant and not his/her spouse and eligible children?
Yes. The petitioner
(sponsor) can limit the number of sponsored immigrants listed on the Affidavit
of Support to the number of people who actually intend to immigrate at
that time. The principal applicant must be one of the sponsored immigrants.
The petitioner can
reduce his/her household size by limiting the number of applicants that
he/she will sponsor. This gives him/her a lower minimum income requirement.
The petitioner would be able to file another Affidavit of Support for
the principal applicant's
dependents at a later time when the petitioner and the principal applicant
make more money.
When the petitioner
files a new Affidavit of Support for the remaining eligible family members,
the principal applicant and any of his/her family members who may have
already immigrated would be included in the household size for that I-864.
How do you count
children of a divorced couple who reside with one parent part of the time
and with the other parent the other part?
A divorced parent's
dependent children are members of his or her household, even if they live
part of the time with the former spouse. A parent almost always has a
legal obligation to support his or her children. Although only one of
the parents may be legally entitled to claim the child as a dependent
on tax returns (1040), the child must be considered as part of both parents'
households for purposes of the Affidavit of Support, unless a parent can
show that he or she no longer has a legal obligation to support the child.
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Requirements
for the Sponsor
What are the
requirements for being a sponsor?
A sponsor must be
at least 18 years old and either an American citizen or a lawful permanent
resident (LPR). The sponsor must also have a domicile (residence) in the
United States.
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Domicile
Can a U.S. citizen
or lawful permanent resident (LPR) petitioner who is not domiciled (living)
in the United States be a sponsor?
No. The law requires
that sponsors be domiciled (live) in any of the States of the United States,
the District of Columbia, or any territory or possession of the United
States.
If the petitioner
does not have a domicile in the United States, can a joint sponsor file
an I-864?
No. Under the law,
a joint sponsor cannot sponsor an immigrant when the petitioner does not
have a domicile in the United States. The petitioner must first meet all
the requirements for being a sponsor (age, domicile and citizenship) except
those related to income before there can be a joint sponsor.
How is domicile
determined?
Domicile is a complex
issue and must be determined on a case by case basis. To qualify as a
sponsor, a petitioner who is residing abroad must have a principal residence
in the U.S. and intend to maintain that residence for the foreseeable
future. Lawful permanent resident (LPR) sponsors must show they are maintaining
their LPR status.
Many U.S. citizens
and lawful permanent residents reside outside the United States on a temporary
basis, usually for work or family considerations. "Temporary"
may cover an extended period of residence abroad. The sponsor living abroad
must establish the following in order to be considered domiciled in the
United States:
- He/she left the
United States for a limited and not indefinite period of time,
- He/she intended
to maintain a domicile in the United States, and
- He/she has evidence
of continued ties to the United States.
An American citizen
or LPR spouse or dependent who has maintained a residence in the U.S.
and/or whose spouse/parent works in one of the categories listed below
would also qualify as a sponsor.
What kinds of
employment abroad can be counted as U.S. domicile?
- Employment by the
U.S. government
- Employment by an
American institution of research recognized by the Attorney General
- Employment by an
American firm or corporation engaged in whole or in part in the development
of foreign trade and commerce with the United States, or a subsidiary
of such a firm
- Employment with
a public international organization in which the United States participates
by treaty or statute
- Employment by a
religious denomination/group having a genuine organization within the
United States and is stationed abroad with that religious denomination
- Employment as a
missionary by a religious denomination/group or by an interdenominational
mission organization within the United States and is stationed abroad
with that religious denomination
There may be other
circumstances in which a sponsor can show that his or her presence abroad
is of a temporary nature, and the sponsor has a domicile in the United
States. The sponsor must satisfy to the consular officer that he/she has
not given up his/her domicile in the United States and established his/her
domicile abroad.
How can a petitioner
establish a domicile?
When a sponsor has
clearly not maintained a domicile in the United States, he/she will need
to re-establish a U.S. domicile in order for him/her to be a sponsor.
The sponsor may make a number of steps to show that he/she considers the
United States his/her principal place of residence. Examples of things
he/she can do are given below:
- Find a job in the
United States
- Locate a place
to live in the United States
- Register children
in U.S. schools
- Make arrangements
to give up (relinquish) residence abroad
- Other evidence
of a U.S. residence
If the sponsor establishes
U.S. domicile, it is not necessary for the sponsor to go to the United
States before the sponsored family members. However, the sponsored immigrant
may not enter the United States before the sponsor returns to the United
States to live. The sponsored immigrant must travel with the sponsor or
after the sponsor has entered the United States.
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Means
Tested Public Benefits
Can the applicant
use government assistance or public benefits?
If the sponsored immigrant
uses federal means tested public benefits, the sponsor is responsible
for repaying the cost of the benefits.
What are federal
means tested public benefits?
Federal means tested
public benefits are the following:
- Food stamps
- Supplemental Security
Income (SSI)
- Medicaid
- Temporary Assistance
for Needy Families (TANF)
- State Child Health
Insurance Program (CHIP)
What assistance
programs are not considered means tested public benefit programs?
The following types
of assistance are not considered means tested public benefits and do not
have to be repaid.
- Emergency Medicaid
- School lunches
- Immunizations and
treatment for communicable diseases
- Student assistance
to attend colleges and institutions of higher learning
- Some kinds of foster
care or adoption assistance
- Job training programs
- Head start
- Short-term, non-cash
emergency relief
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Assets
May the petitioner/sponsor
count assets to meet the 125 percent minimum income requirement?
Yes. The sponsor counts
his/her income first. Next he/she counts the personal assets and/or the
income and assets of household members who have signed an I-864A. If,
using all of those sources, the minimum income requirement is met, the
affidavit would be "sufficient."
To be counted, the
cash value of assets must equal five times the difference between the
sponsor's income and 125 percent of the poverty line for the household
size.
For example, a petitioner/sponsor
with a household size of four and an income of $18,000 would need assets
equal to five times the difference between his/her income and the income
required for a family of four at the current federal poverty guidelines
level. He/she would also need to show evidence of mortgages, liens, and
liabilities against the assets.
What can be
used as assets?
Assets can be savings,
stocks, bonds and property. They must be easily converted to cash.
Can the immigrant
visa applicant count assets that he or she owns that are outside the United
States, such as real estate or personal property?
Yes, under these conditions:
- The assets must
be readily convertible to cash within 12 months
- The applicant must
show that he/she can take the money or assets out of the country where
they are located. Many countries have strict regulations which limit
the amount of cash or liquid assets that can be taken out of the country
- The assets equal
at least five times the difference between the sponsor's income and
125 percent of the poverty line for the household size.
Can free housing
be counted as income?
Yes. Sponsors who
receive housing and other benefits in place of salary may count those
benefits as income. The sponsor may count income that is not subject to
taxation (such as housing allowance), as well as taxable income. The sponsor
would have to prove the nature and amount of any income that is not included
as wages or salary or other taxable income. Evidence of such income can
be shown through notations on the W-2 Form (such as Box 13 for military
allowances), Form 1099 or other documents that show the claimed income.
Can applicant's
ongoing income be counted?
Under certain circumstances,
yes. The applicant must have lived in the sponsor's household for six
months before the completion of the Affidavit of Support. The applicant
must show that the income will continue after he/she takes up residence
in the United States.
Can a credible
offer of employment for the visa applicant replace or supplement an insufficient
Affidavit of Support?
No. The law does not
allow for consideration of offers of employment in place of the I-864.
A job offer may not be counted in reaching the 125 percent minimum income.
A job offer can be
taken into consideration in determining the ability of the applicant to
overcome an ineligibility on public charge grounds, but it does not meet
any requirement for presenting an I-864.
What are the
special provisions for members of the Armed Forces?
Active duty members
of the Army, Navy, Marines, Air Force and Coast Guard need to meet only
100 percent of the minimum poverty guideline income requirement. Members
of the Merchant Marine must meet the full 125 percent income requirement.
Is a "sufficient"
I-864 the only consideration for meeting any public charge issues at the
time of the visa interview?
No. Even though the
I-864 is a contract and the U.S. government prohibits giving immigrants
most federal means-tested public benefits for at least the first five
years after their arrival in the U.S., consular officers look at other
public charge issues. They will look at the complete financial situation
of the sponsor and the applicant. This means looking at the age, health,
education, skills, financial resources and family status of the applicant
and the sponsor. They will confirm to the extent possible that the applicant
will have adequate financial support and is not likely to become a public
charge.
If the poverty
guidelines change between the time the petitioner signed the I-864 and
the issuance of an immigrant visa, must the petitioner/sponsor and joint
sponsor, if required, submit a new I-864?
No. As long as the
I-864 was submitted to a consular officer within one year of the date
it was signed and notarized, a new I-864 is not required. However, the
petitioner/sponsor and the joint sponsor must meet the minimum income
requirement based on the federal poverty guidelines in effect on the date
of the visa issuance, not those in effect when the form was signed.
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Completing
the I-864
Who can notarize
the signatures on the I-864 and I-864A?
A U.S. consular officer
abroad, an immigration officer from the BCIS or a U.S. notary public can
notarize signatures on the I-864 and I-864A. A consular officer will not
accept I-864 affidavits of support that have been notarized by foreign
notary publics.
What happens
if the sponsor did not file income tax returns for the previous three
years?
Immigration law requires
the sponsor to submit income tax returns for the three years immediately
before the visa application 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.
What does the
sponsor do when he/she was not required by law to file an income tax return
during a given year?
If a sponsor was not
required by law to file an income tax return, he/she should prepare a
notarized statement. In this statement the sponsor should state that he/she
was not required to file a tax return and give the related Internal Revenue
Service (IRS) regulation. The IRS 1040 Instruction Book has information
on who is not required to file income tax returns.
If the sponsor
owns a business, should he/she submit individual or business tax returns?
Individual tax returns.
Consular officers can only accept individual tax returns, since the individual
is sponsoring the applicant, not the business.
If the sponsor
does not have copies of his/her tax returns, can he/she submit a summary
of the returns from the Internal Revenue Service (IRS)?
Yes.
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Accompanying
Family Members
Does each accompanying
family member need separate documents if they are traveling with the principal
applicant?
The principal applicant
and accompanying family members need only one complete set of documents
prepared in support of the I-864 Affidavit of Support. Each accompanying
family member must have either an original or photocopy of I-864 (and
I-864A if needed) for the principal applicant. Each photocopy must have
an original, notarized signature. Copies may be used only for dependents
whose names appear on the principal applicant's original petition. Copies
of supporting documents are not required for accompanying family members
applying for visas or adjustment of status together with the principal
applicant.
Do following-to-join
family members need separate I-864
Affidavits of Support and supporting documents?
Family members who
travel later (follow-to-join) will require one complete set of the documents
prepared in support of the principal applicant's I-864. Each individual
applicant must present an I-864 Affidavit of Support with original, notarized
signatures.
What do family
members need if they have separate visa petitions?
If family members
have separate visa petitions, each family member must submit a signed
and notarized I-864 from the petitioner/sponsor, the joint sponsor (if
required) and I-864As as required. Each family member must also submit
a complete set of supporting documents (such as tax returns, job letters
and bank statements).
Can different
joint sponsors submit Affidavits of Support for separate accompanying
family members?
No. Each joint sponsor
must meet the minimum 125 percent income requirement for the household
size. The household size includes the following:
- The sponsor
- All household members
related by blood, marriage or adoption living in the sponsor's household
- All dependents
claimed on the sponsor's most recent tax returns even if not living
in the same house
- All persons for
whom the sponsor has filed a different I-864 which is still in effect
- The principal applicant
- The principal applicant's
accompanying dependents
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Death
of the Sponsor
If the sponsor
dies after the principal applicant has immigrated to the United States
but before all qualified family members who are traveling later (following
to join) have immigrated, can they obtain another sponsor?
Yes. A substitute
sponsor may serve as the sponsor in such circumstances. The substitute
sponsor must be an American citizen or lawful permanent resident, at least
eighteen years of age, domiciled (living) in the United States and having
sufficient income.
The substitute sponsor
must be related to the applicant in one of the following ways: spouse,
parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law,
daughter-in-law, sister-in-law, brother-in-law, grandparent or grandchild.
The death of the sponsor
ends any obligation to the sponsored immigrant(s), but the sponsor's estate
remains liable for any requests for repayment of benefits that arose before
the sponsor's death.
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Expiration
of the I-864
Does the I-864
ever expire?
In general, the I-864
must be submitted to the consular officer in an immigrant visa interview
within one year of the sponsor's signature. If it is submitted after one
year, a new I-864 will be required.
After the I-864 has
been submitted to and accepted by a consular officer (in the immigrant
visa interview), it does not expire. However, if the supporting documents
are more than 12 months old, the consular officer will ask for new supporting
documents, such as the most recent federal income tax returns (1040) and
a current employment letter.
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Children
of American citizens
Do children
of American citizens need an I-864 for an immigrant visa?
Children of American
citizens (IR-2) are not required to have an I-864 in the following circumstances:
- Under the age of
18 when they enter the United States, and
- Natural born, biological
children, and
- Living with and
in legal custody of U.S. citizen parent
Adopted children in
the IR-3 category also are not required to have an I-864 in the following
circumstances:
- Have a full and
final adoption decree, and
- Living with and
in legal custody of U.S. citizen parent, and
- Entering the U.S.
under the age of 18
However, these children
must present evidence that they will not become public charges when they
enter the United States. This can be shown with documents such as recent
income tax returns (1040), job letters and bank statements. The consular
officer may ask for an I-134 Affidavit of Support.
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More
Information on the I-864
For more information
on the I-864 Affidavit of Support see 9 FAM 42.63 Procedural Notes, 9
FAM 40.41 Procedural Notes and Sections 212(a)(4) and 213A of the Immigration
and Nationality Act (INA). The complete FAM and INA are available by clicking
on FOIA on the Department of State web site.
Also
see How Do I File an Affidavit of Support for a Relative? at http://www.uscis.gov.
(Updated 11/19/02)
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