Affidavit of Support

Overview

The Affidavit of Support is legally required for the petitioning sponsor for many family-based and some employment based immigrants to show the intending immigrant will have adequate means of support, when planning to immigrate to the U.S. The purpose of the process is to prove that the intending immigrant has adequate means of financial support and is unlikely to become a public charge. A “petitioning sponsor” is a person who has filed an immigrant petition, which has been approved by USCIS.

After the petitioner (sponsor) has paid the Affidavit of Support processing fee, the petitioner (sponsor) is contacted by the NVC. You are ready for the next step in the immigration process, which is to download the necessary forms, complete them, and then submit them for the purpose of sponsoring the intending immigrant.

The I-864 Affidavit of Support is a contract between a sponsor and the U.S. Government. The legal basis for the I-864 Affidavit of Support is Section 213A of the Immigration and Nationality Act (INA).

After receiving notification from the NVC to download the Affidavit of Support Instructions, take the following actions:

Warning: Do not take any action described below without authorization from the NVC. Taking action without the NVC's authorization could result in a delay in processing.

Notification from the NVC

• IF the petitioner has received notification from the NVC, please read the Affidavit of Support Instructions (see below) and download the appropriate form(s).

Preparing Affidavit of Support Forms

I-864, I-864EZ, I-864A, and I-864W

Warning: Do not take any action described below without authorization from the National Visa Center (NVC). Taking action without the NVC's authorization could result in a delay in processing.

If the petitioner has received notification to read the Affidavit of Support Instructions and download the appropriate form:

1. Review the General Information and FAQ.
2. Review page 1 of the I-864W, Intending Immigrant's Affidavit of Support Exemption Form, to determine if the petitioner is exempt from the Affidavit of Support Requirement.
3. Download the I-864P - Poverty Guidelines.
4. Review page 1 of the I-864EZ - Affidavit of Support Form, to determine if the petitioner is eligible to submit the I-864EZ.
5. If these forms do not apply, the petitioner is required to submit an I-864 - Affidavit of Support - and possibly an I-864A - Contract Between Sponsor and Household Member - as well.
6. Complete the appropriate Affidavit of Support form. When completing the forms, please keep in mind:
   • The Department of State prefers that the Affidavit of Support form(s) be completed on your computer using CAPITAL letters.
   • Following the detailed instructions included with each form (I-864W, I-864EZ, I-864, and I-864A) is very important.
7. After completing the form on the computer, print it. The forms cannot be submitted electronically.
8. Review the appropriate checklist to verify that the proper form has been completed correctly:
   1. Intending Immigrant’s Affidavit of Support Exemption, Form I-864W, Checklist
   2. I-864EZ, Checklist
   3. Affidavit of Support, Form I-864, Checklist
   4. Joint Sponsor’s Documents (if required) Checklist
   5. Household Member’s Documents (if required) Checklist

   (Above checklist items covered in the tabs below:)

9. Mail the form and any required supporting documents to the NVC. Be sure to include the bar code sheet for the applicant’s case.

*Important Notice For Sponsors

The Affidavit of Support forms are not required to be notarized. You should know however that by signing an Affidavit for Support the sponsor certifies under penalty of perjury that the information provided and any transcript and/or photocopy of tax documentation is true and correct.

Checklists for Preparing Affidavit of Support Forms

Intending Immigrant’s Affidavit of Support Exemption, Form I-864W, Checklist

Verify that, as detailed in the I-864W instructions, the Affidavit of Support is not required. The I-864W should be completed ONLY IF the intending immigrant:

• Has, or can be credited with, 40 quarters of covered employment
  • As proof, you must attach a signed statement from the person who earned the quarters.
  • You must attach an earnings and benefits statement from the Social Security Administration (SSA) showing the number of qualifying quarters he/she has earned. To make a request to the SSA use Form SSA-7004-SM, or in the U.S. call the SSA’s toll free number, 1-800-772-1213.
• Is a self-petitioning widow/widower
• Is the battered spouse of U.S. citizen or the child of battered spouse of a U.S. citizen
• Is a child, who meets the requirements under the Child Citizenship Act of 2000 (CCA) to become a U.S. citizen immediately upon entry under into the U.S.

Checklists for Preparing Affidavit of Support Forms

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Affidavit of Support, Form I-864, Checklist

Before mailing the I-864 to the NVC:

1. Ensure that:
   • All pages are in the correct order and stapled together
   • Each page is filled-out completely
   • The form is signed
2. Verify that all family members (a spouse and/or children) listed on the same petition as the sponsored immigrant that are either traveling with the sponsored immigrant (or will be traveling within six months of the immigrant’s entry into the U.S.) have been listed on the I-864 IF the sponsor is sponsoring them, and they are either traveling with the immigrant, or within six months of the immigrant’s entry to the U.S.
3. IF the sponsor filed taxes, the sponsor MUST submit a copy of the most recent federal income tax return with all supporting schedules and/or W-2s or an Internal Revenue Service (IRS) transcript (even if the sponsor filed electronically). To request IRS-generated transcripts or copies of a tax return, visit the IRS website.
   • The return must have all pages in the correct order and stapled together
   • If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication that shows you were not obligated to file. For general information on income tax obligations, visit the IRS website.
4. IF the sponsor is submitting assets to meet the minimum income requirement:
   • Attach evidence of assets with a cash value that equals at least five times the difference between the sponsor’s total household income and the poverty guideline for the sponsor’s household size
   • Attach evidence of ownership, location and the value of each asset
   • Attach evidence of liens, mortgages and liabilities (if any) for each asset
   • Attach additional evidence, when annual income does not meet minimum income requirements. Evidence of current employment or self-employment includes a recent pay statement or a statement from your employer on business stationery. The letter from the sponsor’s employer should show the beginning date of employment, type of work done and income.

Checklists for Preparing Affidavit of Support Forms

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Affidavit of Support, Form I-864EZ, Checklist

Before mailing the I-864EZ to the NVC:

1. Verify that the person completing the form IS the person who filed the petition.
2. Verify that the sponsor is only using his/her own employment to meet the affidavit of support requirements.
3. IF the sponsor is sponsoring any family members of the intending immigrant that are listed on the same petition as the sponsored immigrant, the sponsor MUST complete an I-864.
4. IF the sponsor filed taxes, the sponsor MUST submit a copy of the most recent federal income tax return with all supporting schedules and/or W-2s or an Internal Revenue Service (IRS) transcript (even if the sponsor filed electronically). To request IRS-generated transcripts or copies of a tax return, visit the IRS website.
   • The return must have all pages in the correct order and stapled together
   • If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication that shows you were not obligated to file. For general information on income tax obligations, visit the IRS website.
5. Ensure that:
   • All pages are in the correct order and stapled together
   • Each page is filled-out completely
   • The form is signed
6. IF the sponsor is submitting assets to meet the minimum income requirement, the sponsor MUST complete an I-864.

Checklists for Preparing Affidavit of Support Forms

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Joint Sponsor’s Documents (if required) Checklist

1. Verify that the person submitting the form meets the definition of a joint sponsor and NOT the definition of a household member.
2. Ensure that:
   • All pages are in the correct order and stapled together
   • Each page is filled-out completely
   • The form is signed
3. Verify that the petitioner has submitted an I-864 or I-864EZ.
4. Verify that all family members (a spouse and/or children) listed on the same petition as the sponsored immigrant that are either traveling with the sponsored immigrant (or will be traveling within six months of the immigrant’s entry into the U.S.) have been listed on the I-864 IF the joint sponsor is sponsoring them, and they are either traveling with the immigrant, or within six months of the immigrant’s entry to the U.S.
5. Verify that the joint sponsor has submitted proof of U.S. Citizenship or Permanent Resident status.
6. IF the joint sponsor filed taxes, the joint sponsor MUST submit a copy of the most recent federal income tax return with all supporting schedules and/or W-2s or an Internal Revenue Service (IRS) transcript (even if the sponsor filed electronically). To request IRS-generated transcripts or copies of a tax return, visit the IRS website.
   • The return must have all pages in the correct order and stapled together
   • If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication that shows you were not obligated to file. For general information on income tax obligations, visit the IRS website.
7. IF the sponsor is submitting assets to meet the minimum income requirement:
   • Attach evidence of assets with a cash value that equals at least five times the difference between the sponsor’s total household income and the poverty guideline for the sponsor’s household size
   • Attach evidence of ownership, location and the value of each asset
   • Attach evidence of liens, mortgages and liabilities (if any) for each asset
   • Attach additional evidence, when annual income does not meet minimum income requirements. Evidence of current employment or self-employment includes a recent pay statement or a statement from your employer on business stationery. The letter from the joint sponsor’s employer should show the beginning date of employment, type of work done and income.

Checklists for Preparing Affidavit of Support Forms

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Household Member’s Documents Checklist

You need a separate Form I-864A Contract Between Sponsor and Household Member for each household member whose income and assets are to be considered.

1. Verify that the person submitting the form meets the definition of a household member and NOT the definition of a joint sponsor.
2. Ensure that:
   • All pages are in the correct order and stapled together
   • Each page is filled-out completely
   • The form is signed
3. Verify that the household member completed the household member’s information.
4. Verify that the sponsor completed the sponsor’s information.
5. IF the household member filed taxes, the household member MUST submit a copy of the most recent federal income tax return with all supporting schedules and/or W-2s or an Internal Revenue Service (IRS) transcript (even if the household member filed electronically). To request IRS-generated transcripts or copies of a tax return, visit the IRS website.
   • The return must have all pages in the correct order and stapled together
   • If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication that shows you were not obligated to file. For general information on income tax obligations, visit the IRS website.
6. IF the household member is submitting assets to meet the minimum income requirement:
   • Attach evidence of assets with a corresponding cash value
   • Attach evidence of ownership, location and the value of each asset
   • Attach evidence of liens, mortgages and liabilities (if any) for each asset
   • Attach additional evidence, when annual income does not meet minimum income requirements. Evidence of current employment or self-employment includes a recent pay statement or a statement from your employer on business stationery. The letter from the household member’s employer should show the beginning date of employment, type of work done and income.