Form I-864, Affidavit of Support Under Section 213A of the INA, is a document that a sponsor must complete to show they have adequate means of financial support and are willing to accept legal responsibility for supporting the intending immigrant(s) they are sponsoring.

Who needs to file Form I-864?

Form I-864 must be filed by a sponsor who is petitioning for an immigrant relative or has a significant ownership interest in a business that is petitioning for an alien worker. It is also used by joint sponsors and substitute sponsors in certain circumstances.

What is the purpose of Form I-864?

The purpose of Form I-864 is to ensure that immigrants have adequate support and do not rely on public benefits, as the sponsor agrees to provide financial support to maintain the sponsored immigrant at an income that is at least 125 percent of the Federal Poverty Guidelines.

What are the obligations of a sponsor who signs Form I-864?

A sponsor who signs Form I-864 is legally obligated to provide financial support to the sponsored immigrant, ensure their income is at least 125 percent of the Federal Poverty Guidelines, and notify USCIS of any change in address.

When do the obligations of Form I-864 end?

The obligations of Form I-864 end if the sponsored immigrant becomes a U.S. citizen, has worked or can receive credit for 40 quarters under the Social Security Act, no longer has lawful permanent resident status and has left the U.S., obtains a new grant of adjustment of status, or dies.

What happens if a sponsor does not fulfill their obligations under Form I-864?

If a sponsor does not fulfill their obligations, the sponsored immigrant may sue the sponsor for support. Additionally, if a public agency has provided benefits to the immigrant, the agency may ask the sponsor to reimburse the costs, and sue if the sponsor fails to repay.

Is a sponsor still responsible for support if they get divorced from the sponsored immigrant?

Yes, divorce does not terminate the sponsor's obligations under Form I-864. The sponsor remains responsible for supporting the immigrant as required by the affidavit.

What documentation must accompany Form I-864?

Form I-864 must be accompanied by proof of the sponsor's U.S. citizenship, U.S. national status, or lawful permanent resident status, as well as the sponsor's federal income tax returns for the most recent three years, and any other required financial evidence.

Can a sponsor's assets be used to meet the income requirements for Form I-864?

Yes, a sponsor's assets can be used to supplement their income to meet the requirements of Form I-864, provided the total value of the assets is at least five times the difference between the sponsor's household income and the Federal Poverty Guidelines.

What should a sponsor do if they move to a new address after submitting Form I-864?

If a sponsor moves to a new address after submitting Form I-864, they must notify USCIS within 30 days of the change by filing Form I-865, Sponsor’s Notice of Change of Address.

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Compliance Form I-864
Validation Checks by Instafill.ai

Complete Information Validation

Ensures that all fields in the form are filled out with the required information, including full names, addresses, A-Numbers, USCIS Online Account Numbers, and other personal details as specified in the form instructions. This check is crucial to prevent any delays or rejections due to incomplete information.

Black Ink Typing/Printing Validation

Verifies that all entries on the form are typed or printed in black ink as mandated by the form instructions. This validation is important to maintain the legibility and uniformity of the submitted documents.

Document Attachment Validation

Confirms that all required documents, such as proof of U.S. citizenship or lawful permanent resident status and the most recent Federal income tax return transcript, are attached as specified in the form instructions. This check ensures that the application is not delayed due to missing documentation.

Additional Information Formatting Validation

Checks that any additional information provided on a separate sheet of paper or in Part 11 is properly formatted with the applicant's name, A-Number, Page Number, Part Number, and Item Number, and that each sheet is signed and dated. This validation maintains the organization and traceability of supplementary information.

Basis for Filing Selection Validation

Ensures that the appropriate box in Part 1 indicating the basis for filing the affidavit of support is selected and that attorney or accredited representative information is provided if applicable. This check is essential for establishing the legal grounds for the affidavit.

Principal Immigrant Information Validation

Verifies the accuracy of the principal immigrant's personal details, including full name, A-Number, USCIS Online Account Number, country of citizenship or nationality, date of birth, and daytime telephone number as required in Part 2. Accurate information is vital for the identification of the principal immigrant.

Sponsored Immigrants Information Validation

Confirms that the names, relationships, dates of birth, A-Numbers, and USCIS Online Account Numbers for each family member being sponsored are correctly entered in Part 3. This check is crucial for the proper identification of all sponsored individuals.

Sponsor Information Validation

Ensures that the sponsor's full name, mailing address, physical address, domicile, date of birth, place of birth, Social Security Number, citizenship or residency status, and military service information are accurately provided in Part 4. This information is critical for the sponsor's identification and eligibility.

Household Size Calculation Validation

Checks that the sponsor's household size is calculated correctly in Part 5, including all required individuals such as the sponsor, dependents, and any other persons sponsored who are now lawful permanent residents. This calculation is essential for determining financial responsibility.

Employment and Income Information Validation

Verifies that the sponsor's employment details and current income, as well as any income from other household members, are accurately reported in Part 6. This information is necessary to assess the sponsor's financial capability.

Assets to Supplement Income Validation

Confirms that the net value of the sponsor's assets is correctly calculated and reported in Part 7, if applicable, and that it meets the Federal Poverty Guidelines. This validation is important for sponsors whose income alone does not meet the financial requirements.

Sponsor's Contract and Signature Validation

Ensures that the sponsor has read the obligations and legal effects of signing Form I-864, provided their contact information, and signed and dated the form in Part 8. This check is crucial for the affidavit's legal validity.

Interpreter's Information and Signature Validation

Checks that the interpreter's full name, contact information, and mailing address are provided, and that the interpreter has signed and dated the form in Part 9, if applicable. This validation is necessary when an interpreter is involved in the preparation of the affidavit.

Preparer's Information and Signature Validation

Verifies that if someone other than the sponsor has prepared the form, their full name, contact information, and mailing address are provided, and that they have signed and dated the form in Part 10. This check is important for accountability and record-keeping purposes.

Accuracy and Completeness Check

Performs a final review to ensure that all parts of the form are accurately completed and that no required information or documentation is missing. This comprehensive check minimizes the risk of denial by USCIS or DOS due to inaccuracies or omissions.

Common Mistakes in Completing Form I-864

One common mistake is selecting the wrong basis for filing in Part 1. It's crucial to carefully read the options and choose the one that accurately reflects your situation. If you are an attorney or accredited representative, remember to provide your information. Double-check your selection to ensure it aligns with your role in the affidavit process.

Failing to provide complete information about the principal immigrant in Part 2 is a frequent error. Ensure you include the full name, A-Number, USCIS Online Account Number, country of citizenship, date of birth, and daytime telephone number. Omitting any of these details can lead to processing delays or a denial.

In Part 3, it's essential to list all family members you are sponsoring, including their names, relationships, dates of birth, A-Numbers, and USCIS Online Account Numbers. Neglecting to include any family member or providing incomplete information can invalidate your affidavit.

Another common mistake is providing incorrect or incomplete sponsor information in Part 4. Ensure your full name, mailing address, and physical address (if different) are accurate. Also, answer all questions regarding domicile, birth details, Social Security Number, and military service, if applicable.

In Part 5, sponsors often miscalculate their household size. Remember to include yourself, your spouse, dependent children, other dependents, and any other persons you have sponsored who are now lawful permanent residents. If you have relatives combining their income with yours, include them as well.

Part 6 requires accurate reporting of your employment and income. A common mistake is not providing the correct employer name(s) and current income. If you're using income from other household members, you must include their names, relationships, and incomes without error.

In Part 7, if you're using assets to supplement your income, ensure that the total value of your assets meets the required amount as per the Federal Poverty Guidelines. Incorrectly valuing assets or failing to meet the necessary amount can lead to the denial of the affidavit.

A critical mistake in Part 8 is forgetting to sign and date the form, which indicates your understanding and agreement to the obligations. Ensure that you provide all required contact information and that your signature and date are present on the form.

If an interpreter has assisted you, as mentioned in Part 9, you must provide their full name, contact information, and mailing address. The interpreter must also sign and date the form. Failing to include this information can cause unnecessary delays.

In Part 11, it's important to use the Additional Information section to provide any explanations that didn't fit in the previous sections. Also, remember to attach all required supporting documentation. Neglecting this part can result in the affidavit being incomplete.

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