This form is legally required for many family-based and some employment based immigrants to show they have adequate means of support, when planning to immigrate to the U.S. Generally, the following intending immigrants need an Affidavit of Support:
Applicants for family-based immigrant visas, including certain orphans.
Applicants for employment-based immigrant visas where a relative filed the immigrant visa petition or has a 5 percent or greater ownership interest in the business that filed the petition.
Sponsorship Requirements
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.
Domicile
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.
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)
Income Requirements and Poverty Guidelines
The Poverty Guidelines in effect on the date when the sponsor files the Affidavit of Support with National Visa Center or with the U.S. Embassy or Consulate, will be used to determine whether the income requirement is met. For example, the 2006 Poverty Guidelines, I-864P, footnote states the effective date was March 1, 2006. So, if the sponsor filed the I-864 with the NVC on February 1, 2006, then the 2005 Poverty Guidelines would be used.
Assets
When the sponsor’s income alone meets the minimum Federal poverty guideline income requirement, the sponsor generally will not need to count assets. However, the consular officer may request evidence of assets and liabilities, as necessary to determine eligibility.
Completing the Affidavit of Support forms
Detailed Step-by-Step Instructions are Included on Each Form: Each of the Affidavit of Support forms I-864W, I-864EZ, I-864 and I-864A have detailed step-by-step instructions for completion by the sponsor, or joint sponsor, if applicable. It is very important to carefully follow the detailed instructions included with each form. The instructions explain which forms are required and how to properly complete them.
Important Note: The information in the Frequently Asked Questions below and other information on this website is to be used with and not instead of the detailed instructions on the applicable form(s).
Completing the Forms: Each Affidavit of Support form is able to be completed (are “fillable”) on the computer. It is preferred that the forms are completed online typing in CAPITAL letters, and then printing them. After the form is completed on the computer, it must be printed and mailed as instructed. DO NOT submit the form electronically.
Accompanying Family Members
Does each accompanying family member need separate documents if they are traveling with the principal applicant?
Accompanying dependents who immigrate with the principal applicant must have a signed original or a photocopy of the principal applicant's signed (not required to be notarized) Form I-864 and I-864A (if needed). Copies may only be used for dependents whose names appear on the principal's original forms.
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 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 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 any required supporting documents.
Can different joint sponsors submit Affidavits of Support for separate family members, listed on the same petition?
Yes, under certain circumstances. Each joint sponsor must meet the minimum income requirement citizenship, residence and age requirements. If a petitioner or sponsor meets the minimum income requirements, a Form I-864 cannot be submitted for joint sponsorship, unless the consular officer or the DHS immigration officer specifically requires it. Two joint sponsors can be used per family unit intending to immigrate based upon the same petition. If two joint sponsors are used, each joint sponsor is responsible only for the intending immigrant(s) listed on the joint sponsor’s Form I-864.
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?
In the event a sponsor has died before all family members have followed to join the principal, a joint sponsor is permitted to execute a Form I-864. In such a case, there is no requirement that you must request a joint sponsor. The new sponsor may submit a Form I-864, regardless of the status of the deceased petitioner's estate.
Does the I-864 expire?
No, the validity of the I-864, I-864 EZ, or I-864A is considered indefinite; beginning from the date the sponsor files it with either the National Visa Center, the U.S. embassy or consulate.
