“Affidavit of Support Under Section 213A of the INA” is Form I-864 and is the gateway document for the process of U.S. immigration. It is helpful to have finance in place for immigrants so they do not become a public charge. Below is everything one must know about this form, including who needs to file it, how to fill it out, and when:
What is Form I-864?
Form I-864 acts as a legally binding contract between the petitioner (sponsor: U.S. citizen or permanent resident) and the U.S. government. Signing this document indicates that the sponsor is agreeing to support the immigrant financially; that is, he will not be relying on a public fund. By this form, it has become quite compulsory for family-based immigrants and some employment-based immigrants (especially when a U.S. citizen or lawful permanent resident has a controlling interest in the sponsoring entity).
Who must file Form I-864?
Required filers:
Form I-864 is obligatory for the following individuals:
- Immediate relatives of U.S. citizens:
- Spouses
- Unmarried children under 21 years old
- Parents of U.S. citizens
- Family-based relatives:
- Spouses and unmarried children under 21 of green card holders
- Unmarried sons and daughters of U.S. citizens
- Married sons and daughters of U.S. citizens
- Siblings of U.S. citizens
- Employment-based preference immigrants:
Required only when the petitioner is a U.S. citizen, lawful permanent resident, or has a significant (5% or more) ownership interest in the business filing the petition.
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Who is exempt from filing Form I-864?
The following immigrant categories do not need to file Form I-864:
- Refugees and asylees applying for permanent residence
- Special Immigrant Visa (SIV) holders, such as Afghan and Iraqi interpreters
- Cuban Adjustment Act applicants
- Violence Against Women Act (VAWA) applicants
- Applicants under specific acts like NACARA, HRIFA, or the Haitian Refugee program
- U or T nonimmigrants and those granted Temporary Protected Status (TPS)
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When and where to file Form I-864
If filing inside the U.S.:
Information about I-864 forms and applications for the adjustment of status can be downloaded from the official website. All forms should be submitted to the proper USCIS filing address according to the class of form filed. The signature date by the sponsor should be within one year for the affidavit to keep its validity.
If filing outside the U.S.:
Please submit Form I-864 and the corresponding supporting documents online through the Consular Electronic Application Center (CEAC) of the U.S. Department of State in conjunction with Form DS-260.
How to complete Form I-864: Step-by-step guide
- General requirements:
- Use the latest edition of Form I-864 from the USCIS website.
- Answer all questions accurately and fully. If a section doesn’t apply, enter “N/A” or “None.”
- Sponsor’s information:
- Provide full name, mailing address, and physical address (if different).
- Include contact details, such as daytime phone number and email.
- Sponsor’s financial evidence:
- Attach the most recent federal tax return, IRS tax transcript, W-2, or 1099 forms.
- Signature:
- The sponsor must sign and date the form in ink. Stamped or electronic signatures are not accepted.
- Additional Information:
- If the sponsor requires more space for answers, they can use Part 11 of the form, specifying the page, part, and item number of their response.
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Important notes for filing Form I-864
- Ensure the affidavit is complete and signed before submission; otherwise, the application may be denied.
- Double-check that all supporting documents are included, especially financial evidence.
- If a family member is being sponsored, fill out the relevant sections for dependents accurately, including names, relationships, and Alien Registration Numbers (if applicable).
FAQs on Form I-864
1. How many tax returns are required for Form I-864?
You need to submit only the most recent tax return along with W-2 or 1099 forms.
2. How is household size calculated?
Include the sponsor, their spouse, dependents, and the immigrants being sponsored. For accurate calculation, refer to the specific instructions in Form I-864.
3. Can an interpreter help?
Yes, an interpreter can assist sponsors who don’t speak English fluently. The interpreter must complete Part 9 of the form, certifying their role.
