An Affidavit of Support (Form I-864) is a document required by the U.S. Citizenship and Immigration Services (USCIS) for certain family-based immigrants and some employment-based immigrants. The purpose of this form is to establish that the intending immigrant has adequate financial support and will not become a public charge in the United States.
Below you can find a general Form I-864 checklist (Affidavit of Support):
- Form I-864, Affidavit of Support: Complete the Affidavit of Support form accurately and thoroughly. Make sure to use the most recent version of the form available on the USCIS website.
- Petitioner’s Information: Provide accurate and up-to-date information about the petitioner, who is the U.S. citizen or permanent resident sponsoring the immigrant.
- Sponsored Immigrant’s Information: Include the relevant details about the intending immigrant(s) being sponsored.
- Income Documentation: The petitioner needs to show that their income meets or exceeds the required income level to support the intending immigrant(s) without relying on public assistance. Include the following documentation:
- Copies of the most recent federal tax return (Form 1040) and all supporting schedules.
- W-2 forms for the most recent tax year.
- If the petitioner did not file taxes, provide an explanation and evidence of alternative income sources, such as employment verification letters, pay stubs, etc.
- If necessary, evidence of other sources of income, such as retirement benefits, alimony, or rental income.
- Proof of U.S. Citizenship or Permanent Residency: Provide copies of relevant documents, such as U.S. passport, birth certificate, Certificate of Naturalization, or green card, to establish your status as a sponsor.
- Proof of Relationship: Include documentation that proves the relationship between the petitioner and the intending immigrant(s), such as marriage certificates, birth certificates, or adoption decrees.
- Form I-864A (if applicable): If the petitioner’s income alone does not meet the required level, a joint sponsor or household member may be needed to meet the financial requirement. In this case, Form I-864A should be completed by the joint sponsor or household member.
- Employment Verification: If the petitioner or joint sponsor is relying on employment income, include verification letters from employers, recent pay stubs, and any other relevant employment documentation.
- Proof of Assets (if applicable): If the petitioner or joint sponsor is relying on assets to meet the income requirement, provide documentation such as bank statements, property deeds, or statements for stocks and bonds.
- Supporting Documentation: Include any additional supporting documents that demonstrate your ability to financially support the intending immigrant(s) without relying on public assistance.
- Translations: If any documents are not in English, provide certified translations along with the original documents.
- Filing Fees: Check the USCIS website for the most up-to-date filing fees and include the appropriate payment.
- Form G-28 (if applicable): If you’re using an attorney or representative, include Form G-28, Notice of Entry or Appearance as Attorney or Representative.
- Mailing Instructions: Ensure you follow the current USCIS instructions for mailing your completed Form I-864 package.
Remember that immigration forms and requirements can change over time, so it’s crucial to consult the USCIS website or an immigration attorney for the most current information before submitting any application.
How to Fill Out Affidavit of Support – Form I-864
Filling out the Affidavit of Support (Form I-864) accurately is important to ensure the immigration process goes smoothly. Below are step-by-step instructions on how to fill out the Form I-864:
Step 1: Download the Form I-864 Download the most recent version of Form I-864 from the USCIS website. Ensure you have the correct version to avoid any issues during the submission process.
Step 2: Basic Information Fill out the following information at the top of the form:
- Part 1: Sponsor’s Information – Provide your personal information, including your name, address, date of birth, and contact details.
- Part 2: Alien’s Information – Provide the intending immigrant’s details, including their name, relationship to you, and A-Number (if applicable).
Step 3: Household Size In Part 3, you’ll list the number of immigrants you are sponsoring and any dependents you claimed on your most recent federal tax return.
Step 4: Income Information In Part 4, you’ll provide information about your income and employment:
- Item Numbers 1-7: Provide details about your income, including your current annual income, total income from your most recent tax return, and any additional income sources.
- Item Numbers 8-12: If you are relying on assets to meet the income requirement, provide details about your assets, such as real estate, bank accounts, and stocks.
Step 5: Federal Income Tax Provide information about your most recent federal income tax return, including the year, tax form number (usually 1040), and the total income you reported on that tax return.
Step 6: Intending Immigrant’s Federal Income Tax If the intending immigrant has filed a federal tax return, provide the year of the return and the total income reported.
Step 7: Contact Information Include your daytime telephone number, mobile number, and email address.
Step 8: Sponsor’s Statement, Contact Information, and Signature Read the sponsor’s statement carefully and make sure you understand the responsibilities you are undertaking by signing the form. Provide your signature, the date of signature, and your complete name in Part 5.
Step 9: Interpreter’s Contact Information, Certification, and Signature (if applicable) If someone else helped you fill out the form or acted as an interpreter, they should provide their contact information and sign in Part 6.
Step 10: Additional Information (if applicable) If you need to provide additional information or explanations related to your sponsorship or financial situation, you can use Part 7 to do so.
Step 11: Checklist of Required Evidence (Page 9 of the Form) Review the checklist on page 9 of the form to ensure you’ve included all the required documents and evidence.
Step 12: Review and Submit Review the entire form carefully to ensure accuracy. Make sure you have included all required signatures, information, and supporting documents.
Step 13: Make Copies Make copies of the completed form and all supporting documents for your records.
Step 14: Mail the Form Follow the current USCIS instructions for submitting your Form I-864. This typically involves mailing the form, along with all required supporting documents and fees, to the appropriate USCIS address.
Requirements and procedures may change, so it’s important to consult the USCIS website or seek legal advice for the most up-to-date instructions before submitting your form.