If a U.S. permanent resident or citizen wants to sponsor or petition for an immigrant family member to become a permanent resident in the U.S. or win a green card, the petitioner must prove that he/she is willing and capable of supporting the immigrant financially. This financial obligation could last for many; thus, there is a need to prove the willingness to support. The U.S. government must be convinced that the immigrant is not inadmissible and will not become a public charge. A public charge is someone who requires government support because he/she cannot cater to their lives. A petitioner must fill out a form provided by the United States Citizenship and Immigration Services (USCIS). This form is known as an affidavit of support or Form I-864.
Form I-864 Binds The Petitioner To Support The Immigrant
Form I-864 represents the sponsor/petitioner's promise to support the immigrant financially. It also represents a promise to reimburse or pay back the government agencies in the United States from which the immigrant seeks financial assistance. The form shows that the sponsor can give the promised support by providing assets and income. The sponsor's assets and income must be at least 125% of the amount a person lives in poverty. This consideration is outlined under the United States government's poverty guidelines.
There are two versions of the petition form:
- The standard I-864
- A shorter version I-864EZ
Form I-864EZ applies to a petitioner sponsoring only one person on the Form I-130 petition. With this form, the petitioner only uses the salary or pension and does not include the assets. The pension or salary income is proven using one or several Form W-2s provided by former or current employers.
Who Else Can Fill Form I-864 Other Than The Petitioner
Another person, besides the actual petitioner, can fill out Form I-864 to add income to the sponsorship. The sponsor may not have sufficient income, and no other household members can contribute. In this case, someone outside the household, known as a joint sponsor, can fill out an additional form, I-864.
How To Fill Form I-864
A sponsor can fill out form I-864 on the USCIS website. Alternatively, the sponsor can download, print, and fill out the form in hard copy. It is best to use black ink when filling out the form on a hard copy. Do not write your answers outside the spaces provided. If you want to provide more information and the information cannot fit on the form's central section, proceed to the end of the form, the part labeled Part 11. This part allows you to provide "Additional Information." If this space is still insufficient, you can fill out a separate sheet of paper and attach it to the form. If you have one, write your name and Alien registration number at the top of every additional sheet. You should also indicate the page, part, and item number to which your response refers. Every attached sheet must be dated and should bear your signature.
Some questions on the form I-864 might not apply to you. For example, a section could request your middle name, but you do not have one. However, instead of leaving the areas blank, you should indicate N/A as not applicable. A question may apply to you, but the answer is zero or none. For example, a section could request the number of children, but you have none. In this case, you should indicate 'none'. Adhere to this rule unless the form instructs you otherwise.
Instructions For Filling Out Form I-864
The following are the instructions for filling out the extended version of Form I-864.
Preparing Affidavits For Several Family Members
You may be sponsoring several family members, such as your spouse and children, using the same form of the I-130 petition. In this case, you can make several copies of Form I-864 and its accompanying documents after you sign it. This is only possible for select applicants like those whose spouse is a U.S. permanent resident. If a spouse is a United States citizen, all the children will require their forms I-130 and separately completed forms I-864.
Completing Parts 1 to 5
Even if these categories are self-explanatory, you should bear the following in mind when filling them:
Filling Part 1
For a green card holder or a United States citizen petitioning to have an immigrant obtain a visa or a green card based on a family relationship, you should check box 1. a. Check box 1.b if you are petitioning to help an immigrant obtain a visa or green card on the basis of employment and you are related to the immigrant. Check box 1.c if you will not employ your loved one but you have more than 5% ownership of the company that will employ your loved one. If you are filling the form as a joint sponsor, you should check box 1.d or box 1.e, but in most cases, box 1.d is applicable.
Sometimes, there could be two joint sponsors, usually when more than one family member is being sponsored. Before involving two joint sponsors, it is essential to consult an attorney to determine if two joint sponsors are allowable in your case. Check box 1.f for a substitute sponsor. A substitute sponsor signs the form on behalf of the initial petitioner, usually when the petitioner dies. A substitute sponsor must be related to the immigrant, and this relationship must be outlined on the form.
Part Two
Part two contains information about the sponsor. As a sponsor, you must provide comprehensive personal information, especially address information. You will only complete questions 4.a. to 4.h., which focuses on your physical address if you fill "No" in question three. Under question 5, your country of domicile should be the United States for you to qualify to serve as a sponsor. If you live outside the United States, you might still qualify to be a sponsor. However, you must prove your efforts to return to the United States and make it your domicile before the immigrant enters. These efforts can include:
- Serving a notice to quit your overseas job
- Selling your overseas house
- Identifying a place to live in the United States
- Registering your children in a U.S. school
Part Three
Part three outlines information about the principal immigrant. Under the Alien registration (A Number) section, the immigrant can only have this number if he/she had previously:
- Applied for a green card
- Applied for other Immigration benefits
- Been in removal or deportation proceedings
The USCIS account number of an immigrant will be this number only if he/she has created an online account for other immigration purposes. You can leave these sections blank if the immigrant does not have any of these numbers.
Part Four
This part outlines the information about the immigrants being sponsored. The sponsor must provide comprehensive information regarding the family members being sponsored into the United States. Check "no" under question 1 if you are the second of the two joint sponsors completing Form I-864 on behalf of the immigrant. You should check box two and list the family members only if applicable. You should not list family members who should be listed on a separate petition, I-130. You should only list immediate relatives, who include parents, spouses, or minor children of a United States citizen. Family members who do not fall under the categories above are not derivatives and should be petitioned using a separate Form I-130. You will also need to fill out a separate form, I-864, for these relatives.
You do not have to list children born in the United States on this form because these children are not immigrating. However, these children will be considered elsewhere under Form I-864 to determine the sponsor's overall financial capacity, depending on the sponsor's current financial responsibility.
Part Five
Part five of the form outlines the sponsor's household size. The USCIS will want to know the people the sponsor will be responsible for upon signing the affidavit. When filling out this part, ensure that you are accurate and do not count one person twice. The USCIS wants to know the total number of people you will be financially responsible for. You might assume that some people can fall under several categories. However, the form has distinct categories where you list the people you are sponsoring and those not being sponsored. Therefore, a sponsored person should not appear under the category of those not sponsored.
Part Six
Part six outlines the sponsor's income and employment details. The purpose of this part is to assess the sponsor's financial capability. When checking box 1, the sponsor should use the job title the employer gives them. If the sponsor has more than two employers or does different jobs, he/she should check Part 11 for additional jobs. If a sponsor is retired, the USCIS will seek to know the employer from which the sponsor receives retirement benefits.
Self-employed sponsors are also eligible. What happens if you are self-employed and have underreported your profits to the tax authorities in the past? The earnings reflected on your transcripts and tax returns might not reveal your capability to support the immigrant. You must fill out an amended tax return form with the IRS. You must also pay any applicable penalties before the new income is accepted to reveal your capability to support your loved one.
When completing question 7, you can fill in your "total income" amount indicated on your last income tax return, but only if you file returns as a single person. However, you must provide tax documents to support the amount if the figure exceeds 125% of the United States poverty level for the size of your household. Some supporting documents you can provide include Schedule C or W-2.
What if you file returns as a married couple, and the returns also reflect your spouse's income? You will have to determine how much of your combined income is. The amount should match the figure on the W-2 or any other tax documents you have. On the supplemental page, you should explain that the amount indicated on the federal tax returns is combined income for you and your spouse.
Some cases are not straightforward and often trigger inquiries from the USCIS. The total income figure on your latest federal returns might not be 125% of the poverty level of the size of your household. However, your income could still be sufficient to support an immigrant. Some of your income might not be included in the total income indicated on the tax return forms. Some of the income that can be excluded include child support, alimony, and security retirement income. You should explain all this on the supplemental page and provide evidence to support your allegations.
You could be making more money than you made in the past year. If this is the case, you can calculate how much money you expect to make in the current year and support your prediction with evidence. Unless you are self-employed, the USCIS can instruct you to provide a letter from your employer. The letter should indicate your employer's telephone number, address, pay rate, and annual pay. The USCIS can also request that you provide pay records indicating your income for the last six months.
When The Sponsor's Income Is Insufficient
Questions 8 to 14 are crucial when the sponsor's income is insufficient, but the sponsor relies on revenue from family members to meet the minimum requirements under the poverty guidelines. The supporting household members must complete an agreement with the sponsor using Form I-864A. Sometimes, the immigrant's income can be used. In this case, the immigrant should not have other dependents immigrating. Ensure that you check question 14 and provide the immigrant's name. The sponsor's total annual income from the sponsor and the household members will go into box 12.
Questions 15 to 17
For questions 15 to 17, you should answer yes to having filed taxes in the United States for the last three years. However, if your income was insufficient and you could not file returns, you will check yes under question 17. You will probably rely on a joint sponsor to support the immigrant.
Using Assets To Supplement Your Income
Sometimes, a sponsor's income might not be sufficient to support an immigrant, even when combined with a household member's. The income might still be below the minimum requirements under the poverty guidelines. The sponsor should strive to prove as much financial capability as possible. The sponsor can also add assets like a house, a boat, or a second car, which must be in good working condition. The sponsor must subtract mortgages, debts, and liens when listing assets. You must also be willing to prove the asset's value and any debt amount against them.
If the immigrant is the spouse or child of the sponsor, the asset value will be divided by three before being considered under the poverty guidelines. For every other immigrant other than the sponsor's child or spouse, the asset value will be divided by five.
The sponsor's income and assets might sometimes remain below the minimum poverty guidelines. The sponsor can still submit the affidavit but look for a joint sponsor.
Part Eight
Part 8 is the sponsor's contract, contacts, certification, and signature. Check box 1.a. if you handled the form yourself. Check box 1.b if an interpreter guided you to help you understand the form. Check box two to see if another person filled out the form based on the information you offered. If someone filled out the form. You must provide the person's name. The USCIS might seek to know whether the person who filled out the form is an accredited representative or your lawyer. An accredited representative can represent people in immigration matters under the law.
You should fill in your contact information from questions three to five. Put your signature and date on boxes 6.a. and 6.b. You must sign using a pen, and if possible, use a black pen. The USCIS does not accept a typed or stamped signature or any faxed or typed signature. A guardian can sign on their behalf if the signatory is mentally incapacitated.
Parts Nine, Ten and Eleven
If you complete the form with the help of an interpreter, the interpreter will have to sign part 9, which contains the interpreter's contact details, signature, and certification.
Part ten will apply if someone other than the sponsor has prepared the affidavit. An attorney or another legal representative could have filled the form for you. The attorney will have to tell the USCIS whether they represent you only when filling out the affidavit or in other areas of your immigration case.
You can fill in part eleven if you want to add any details and explanations, especially if there is no space to fill in the details in the sections of the form.
Whether You Have To Pay a Fee When Filling Form I-864
If an immigrant adjusts their immigration status while in the U.S., the USCIS will not impose an additional fee for Form I-864. The fee will be part of the other change of status processing fees. A fee for processing Form I-864 will apply if the immigrant's case is overseas. The charge for processing the form as of 2025 is $120.
Find An Experienced Immigration Attorney Near Me
Are your resources enough to sponsor an immigrant into the United States? Do you need help filling out Form I-864 or other documents? Consult our immigration attorneys at the California Immigration Attorney. We will guide you through the process and answer any questions that arise. Contact us at 424-789-8809 to speak to one of our attorneys.