Affidavit of Support Under Section 213A of the INA (2024)

Most family-based immigrants and some employment-based immigrants use this form to show they have adequate means of financial support and are not likely to rely on the U.S. government for financial support.

Forms and Document Downloads

Form I-864 (PDF, 545.46 KB)

Instructions for Form I-864 (PDF, 314.55 KB)

Form Details

Edition Date

12/08/21. E. We will also accept the 12/08/21 edition. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form.

If you need help downloading and printing forms, read our instructions.

Where to File

Go to our USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms page for the filing address based on where you live.

For additional information, see the Special Instructionssection below.

Filing Fee

You can find the filing fee for Form I-864 by visiting our Fee Schedule page.

If you file outside the United States: There is no fee if you file with USCIS or the Department of State.

If you file within the United States: You must file with the Department of State; however, they charge a fee. For more information, please visit their website.

Checklist of Required Initial Evidence (for informational purposes only)

Please do not submit this checklist with your Form I-864. The checklist is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form.Do not send original documents unless specifically requested in the form instructions or applicable regulations.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language into English.

Filing Checklist

Did you provide the following?

For ALL sponsors:

  • A copy of your individual federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of every Form 1099, schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

For SOME sponsors:

  • If you are currently self-employed, a copy of your Schedule C, D, E, or F from your most recent federal income tax return which establishes your income from your business.
  • If you are sponsoring more than one intending immigrant listed on the same affidavit of support, photocopies of the original affidavit of support may be submitted for any additional intending immigrants listed. Copies of supporting documentation are not required for these family members.
  • If you are the petitioning sponsor and on active duty in the U.S. armed forces or U.S. Coast Guard and are sponsoring your spouse or child using 100% of the Federal Poverty Guidelines, provide proof of your active military status.
  • If you are using the income of people in your household or dependents to qualify, a separate Form I-864A for each person whose income you will use. However, an intending immigrant whose income is being used must complete Form I-864A only if their spouse and/or children are immigrating with them.
  • Proof of each household member's residency in your household and relationship to you if they are not the intending immigrants or are not listed as dependents on your federal income tax return for the most recent tax year.
  • Proof that the intending immigrant’s current employment will continue from the same source if their income is being used.
  • A copy of each household member's individual federal income tax return, including W-2s and 1099s, for the most recent tax year, or evidence that they were not required to file. You may submit this information for the most recent three years if you believe it will help you qualify.
  • If you use your assets or the assets of a household member to qualify, documentation of assets establishing location, ownership, date of acquisition, and value. Evidence of any liens or liabilities against these assets.
  • A separate Form I-864A for each household member using assets other than for the intending immigrant.
  • If you are a joint sponsor, substitute sponsor, or the relative of an employment-based immigrant requiring an affidavit of support, proof of your U.S. citizenship status, lawful permanent resident status, or U.S. national status.
  • For U.S. citizens or U.S. nationals, a copy of your birth certificate, passport, or Certificate of Naturalization or Citizenship.
  • For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card(also known as a Green Card).

If your legal guardian is signing this Form I-864 for you, the legal guardian must present:

  • Proof of an appointment as legal guardian of your estate; and
  • A copy of an order from the appointing court or agency specifically allowing the legal guardian to make your income and assets available for the support of the sponsored immigrant.

Form Filing Tips

To ensure your Form I-864 is accepted at a lockbox, fill out the form completely and accurately, particularly these required fields:

  • Sponsor’s Family name
  • Sponsor’s Address
  • Sponsor’s Social Security Number
  • Sponsor’s Signature

Filing Tips:Review ourTips for Filing Forms by Mailpage for information on how to ensure we will accept your form.

Don’t forget to sign your form. We will reject any unsigned form.

Special Instructions

  • Give the completed form and supporting documents to the immigrant you are sponsoring to file with their Form OF-230 or Form I-485.
  • If the National Visa Center mailed you this form to complete, please follow the instructions they provided.

Related Links

Affidavit of Support Under Section 213A of the INA (2024)

FAQs

What is the meaning of Affidavit of support under section 213a of the INA? ›

Most family-based immigrants and some employment-based immigrants use this form to show they have adequate means of financial support and are not likely to rely on the U.S. government for financial support.

Which Affidavit of Support form should I fill out? ›

An Affidavit of Support, also called the Form I-864, is a document an individual signs to accept financial responsibility for the applicant who is coming to live in the United States.

How do I prove income for Affidavit of support? ›

As stated previously, you must submit an IRS transcript or copy of your Federal individual income tax return for the most recent tax year. If you choose to rely on income from the three most recent tax years, you must submit an IRS transcript or copy of your Federal individual income tax return.

How much income do I need for an Affidavit of support? ›

I-864P, 2024 HHS Poverty Guidelines for Affidavit of Support
Sponsor's Household Size100% of HHS Poverty Guidelines*125% of HHS Poverty Guidelines*
2$20,440$25,550
3$25,820$32,275
4$31,200$39,000
5$36,580$45,725
5 more rows
Mar 1, 2024

What is the downside to sponsoring an immigrant? ›

Financial Responsibility: There's no denying that sponsoring an immigrant can be costly. From visa application fees and legal costs to potential salary requirements, the financial investment can be significant. Businesses also often need to demonstrate their financial ability to support the immigrant employee.

How to avoid an Affidavit of support? ›

If you believe you do not need to file Form I-864, for example, if the person you are petitioning for has already worked 40 quarters (roughly 10 years) in the U.S., then you may be able to file I-864W (Request for Exemption for Intending Immigrant's Affidavit of Support).

What financial evidence is needed for an affidavit of support? ›

All petitioners for immediate relative and family-preference immigrant case must submit Form I-864 and either (1) an IRS-generated transcript of your most recent tax return (preferred) or (2) a copy of your tax return (Form 1040) for that year.

What is the minimum income to sponsor an immigrant? ›

2024 Minimum Annual Income Requirements for Most Sponsors: 125% of Federal Poverty Guidelines
Number of people in your household (including yourself and your spouse)*For sponsors in the 48 contiguous states, D.C., and U.S. territoriesFor sponsors in Hawaii
2$25,550$29,375
3$32,275$37,113
4$39,000$44,850
5$45,725$52,588
4 more rows

What is the minimum income to sponsor an immigrant in 2024? ›

For a household of 2 (such as a U.S. citizen sponsoring a spouse, individual child, or one parent), the amount has gone from $24,650 to $25,550. For a family of 8, get ready to prove $69,500 in income or assets. For even larger families, the amount goes up by $6,725 for every additional mouth to feed.

Does an Affidavit of support need to be notarized? ›

Form I-864 does not need to be notarized.

Do I have to pay for Affidavit of support? ›

You must pay the Affidavit of Support fee for each case unless you are petitioning for your spouse and/or child(ren) and submit your Affidavit of Support for each case to the NVC at the same time.

Who can write an Affidavit of support letter? ›

Typically, I-751 affidavit letters of support are written by friends of the married couple. The letter is not limited to friends; it may be written by a family member or even a religious leader. Ideally the person writing the letter of support has known the couple since before the marriage and until the present time.

What if the petitioner has no income? ›

What happens if the petitioner doesn't have enough income? Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines.

How long is a sponsor financially responsible for an immigrant? ›

The sponsor's responsibility to the immigrant spouse lasts until either of them becomes a U.S. citizen. It also continues until the lawful resident gets credited with forty quarters of work, which is usually ten years.

What income does USCIS look at? ›

USCIS does not limit the consideration of income only to income that appears on federal income tax forms, and considers all evidence of income from lawful sources. Examples of income that may not appear on income tax forms include child support and alimony.

Who is considered a household member for an Affidavit of support? ›

Who May Be Considered a Household Member for Purposes of Form I-864A? 3. Any other individual 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.

What is the difference between joint sponsor and Affidavit of support? ›

The individual who is the petitioner of an immigrant petition will always need to sign an Affidavit of Support, even if a joint sponsor is required. A joint sponsor must be at least 18 years old, must live in the United States, and must be either a U.S. citizen or a permanent resident of the United States.

What happens to an Affidavit of support after divorce? ›

Divorce? Divorce does not terminate the sponsorship agreement. A spouse who sponsors an immigrant remains liable under the affidavit until one of the six conditions occurs.

Who is exempt from filing an Affidavit of support? ›

Abused or battered spouses or children self-petitioning for U.S. green card under the Violence Against Women Act (VAWA) are also exempt from the I-864 Affidavit of Support requirement. Their approved Form I-360 will be sufficient proof of their exemption.

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