Form I-864, the Affidavit of Support Under Section 213A of the INA, is the U.S. Citizenship and Immigration Services (USCIS) form on which a sponsor shows enough income or assets to support a family-based or certain employment-based immigrant. Signing it creates a contract between the sponsor and the U.S. Government. On FillingPDF you can fill out Form I-864 online and download or print the completed PDF; the original form, instructions and filing details are published by USCIS at uscis.gov/i-864.
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What is I-864?
Form I-864, Affidavit of Support Under Section 213A of the INA, is the USCIS form that most family-based immigrants and some employment-based immigrants need to show they have adequate means of financial support and are not likely to become a public charge. A sponsor completes and signs it.
The affidavit is a contract between the sponsor and the U.S. Government. The sponsor must show enough income and/or assets to maintain the intending immigrants and the rest of the household at 125 percent of the Federal Poverty Guidelines, or 100 percent for a petitioning sponsor on active duty in the U.S. Armed Forces or U.S. Coast Guard who sponsors a spouse or child. If the immigrant becomes a lawful permanent resident, the sponsor must provide any support needed to stay at that level until the obligation ends. An agency that pays certain means-tested public benefits may ask the sponsor to repay them.
The obligation ends when the sponsored immigrant becomes a U.S. citizen, can be credited with 40 qualifying quarters of work, ceases to be a lawful permanent resident and leaves the country, or dies, or when the sponsor dies. Divorce does not end it.
Related forms named in the instructions: Form I-864A (contract between sponsor and household member), Form I-864P (poverty guidelines), Form I-864EZ and Form I-865 (sponsor's change of address).
Who needs to file I-864?
The main group is the petitioning sponsor: the U.S. citizen, lawful permanent resident or U.S. national who filed Form I-129F, I-130, I-600 or I-800 for a relative. The intending immigrant submits the sponsor's completed affidavit to obtain an immigrant visa or adjust status. It is required for immediate relatives of U.S. citizens, family-based preference immigrants, and K-1 or K-2 nonimmigrants who adjust status on that basis.
Other sponsors:
- A relative who filed Form I-140 for an alien worker, or who owns at least five percent of the business that filed it, when the relative is the immigrant's spouse, parent, child, adult son or daughter, or sibling. A sibling must be a U.S. citizen.
- A joint sponsor, when the petitioner cannot meet the income requirement. A joint sponsor must be at least 18, domiciled in the United States and a citizen, national or lawful permanent resident, and need not be related. There may be no more than two.
- A substitute sponsor, when the original Form I-130 petitioner died after approval.
Not required: immigrants with 40 qualifying quarters of work, children who automatically acquire citizenship under INA section 320, and self-petitioning widows, widowers and VAWA self-petitioners (VAWA self-petitioners applying as alien workers may still need it). The instructions list further exempt categories, including refugees, asylees and Diversity Visa immigrants. A legal guardian may sign for a sponsor under guardianship.
When to file I-864
Form I-864 is submitted with the immigrant's application for an immigrant visa or adjustment of status. The form prints no separate deadline, so it goes in whenever that application is filed.
Timing depends on the family member. Dependents immigrating with the principal immigrant or within six months can use a photocopy of the original affidavit. A new Form I-864 with all supporting evidence is required for an immigrant following to join a principal immigrant, and a separate affidavit is needed for dependents who will immigrate more than six months later. If the National Visa Center mailed you the form, follow the instructions it gave you.
Use the most recent federal tax return, counted from the date you sign. USCIS may ask for more evidence, an original document, an interview or a biometrics appointment after filing; the instructions give no processing time.
Documents you need
- Your most recent federal income tax return (IRS transcript or photocopy) with every W-2, 1099 and schedule; or a typed explanation, with evidence of any exemption, if you were not required to file.
- Optional extra returns, up to the three most recent tax years, a letter from your employer or pay stubs from the last six months, if you believe they help show your income.
- Schedule C, D, E or F from your latest federal tax return, only if you are self-employed.
- Form I-864A for each household member whose income or assets you use. An intending immigrant whose income is used needs it only if a spouse or children immigrate with them.
- Proof of residence in your household and relationship, for each household member who is not an intending immigrant or a tax dependent.
- Proof that an intending immigrant's income will continue from the same source, if you count it; a non-spouse must also show living in your residence.
- Asset documents, only if you use assets: location, ownership, acquisition date, value and any liens. Home equity needs proof of ownership, a recent licensed appraisal and lien amounts.
- Proof of U.S. citizenship, U.S. national or lawful permanent resident status, for joint sponsors, substitute sponsors and relatives of employment-based immigrants.
- For citizens or nationals: birth certificate, certificate of naturalization or citizenship, consular report of birth abroad, or the biographic page of a U.S. passport.
- For lawful permanent residents: both sides of the Permanent Resident Card (Form I-551) or an unexpired temporary I-551 stamp.
- Proof of active duty, if you are a petitioning sponsor on active duty using the 100 percent income standard for a spouse or child.
- Typed explanation and evidence of U.S. domicile, if your mailing address or residence is outside the United States.
- For substitute sponsors: evidence of the family relationship, plus the beneficiary's statement on reinstating the Form I-130 and a copy of the approval notice.
- For legal guardians signing: proof of appointment as guardian of the estate and a court or agency order allowing your income and assets to support the immigrant.
- Full English translation of any foreign-language document, with the translator's signed certification of accuracy and competence.
How to fill out I-864
Select your basis for filing
In Part 1, select only one box: 1.a petitioner, 1.b or 1.c relative of an employment-based immigrant (give the relationship and, for 1.c, the business name), 1.d only joint sponsor, 1.e first or second of two joint sponsors, or 1.f substitute sponsor.
Enter your sponsor information
In Part 2, give your full legal name, mailing address (Item 2), physical address if different (Items 3-4), country of domicile, date of birth in mm/dd/yyyy, country of birth, Social Security number and status. Enter "N/A" if you have no A-Number or USCIS Online Account Number.
Answer the military service question
In Part 2, Item 12, select Yes only if you are the petitioning sponsor on active duty in the U.S. Armed Forces or Coast Guard, other than training; otherwise select No.
Describe the principal immigrant
In Part 3, enter the principal immigrant's full name, mailing address, country of citizenship, date of birth, A-Number and USCIS Online Account Number if any, and daytime telephone number.
List the immigrants you sponsor
In Part 4, say whether you sponsor the principal immigrant (Item 1). Mark Item 2 or 3 and list up to four family members in Items 4-7, leaving out anyone on a separate visa petition; extra people go in Part 11.
Calculate your household size
In Part 5, enter the immigrants sponsored on this affidavit in Item 1, yourself as 1 in Item 2, then spouse, dependent children, other dependents, previously sponsored persons and I-864A relatives in Items 3-7. Add Items 1-7 in Item 8.
Report employment and individual income
In Part 6, Items 1-6, give your employer, self-employment, retirement or unemployment details. In Item 7, enter your current individual annual income, earned or retirement, excluding means-tested public benefits.
Add household members' income
In Items 8-11, list each person whose income you use, with relationship and income, then total everything in Item 12. Mark Item 13 or 14 for Form I-864A and attach each completed form.
Enter federal tax return information
In Item 15, say whether you filed returns for the three most recent years. In Items 16.a-16.c, enter the tax year and total income, "zero" or "N/A"; check Item 17 only if you were not required to file and attached evidence.
Complete assets only if needed
Complete Part 7 only if household income is below the poverty guideline for your household size. Enter your assets in Items 1-4, household members' assets in Item 5, the principal immigrant's assets in Items 6-9, and the total in Item 10.
Read the contract and sign
In Part 8, read the Sponsor's Contract, select the interpreter statement (Item 1.A or 1.B) and the preparer statement (Item 2) if they apply, enter your telephone numbers and email, then sign in ink and date in mm/dd/yyyy.
Complete interpreter and preparer parts
If an interpreter read the form to you, Part 9 must be completed and signed. If someone other than you prepared the affidavit, Part 10 must be completed and signed; one person acting as both completes both parts.
Use Part 11 for extra space
Add overflow answers in Part 11, or on a separate sheet, with your name and A-Number, the page, part and item number each answer refers to, and your signature and date on each sheet.
Review, download and assemble
Check that the form is complete, signed and shows the same edition on every page. Download or print the completed PDF from FillingPDF, then assemble the evidence listed under Required documents and file as described under How to submit.
How to submit I-864
The sponsor does not usually file Form I-864 alone. The completed form and evidence are given to the immigrant, who files them with the immigrant visa or adjustment application, either with USCIS or with the Department of State (DOS).
- With USCIS: the USCIS I-864 page lists the filing address on its Lockbox Filing Locations Chart for Certain Family-Based Forms, which depends on where you live. The immigrant files it with Form I-485 or Form OF-230. If Form I-485 is filed online, the immigrant can upload Form I-864 and related documents as evidence.
- With DOS: see the Department of State I-864 Affidavit of Support FAQs page at travel.state.gov for filing details and fees.
A fee may apply. For USCIS, check Form G-1055 or the USCIS Fee Schedule page; for DOS, check travel.state.gov. Do not send original documents unless the instructions or regulations ask for them. Print every page from the same edition, with the edition date and page numbers visible, or USCIS may reject the form. Questions: USCIS Contact Center at www.uscis.gov/contactcenter or 800-375-5283 (TTY 800-767-1833). FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Submitting the form unsigned or with a typewritten or stamped name; the instructions say USCIS will reject an affidavit with no valid signature.
- Leaving out the Social Security number in Part 2, Item Number 8, which is marked Required.
- Mixing pages from different editions when printing, or omitting pages; USCIS may reject the form if pages are missing or from another edition.
- Counting the same person twice in Part 5; if you already counted a spouse, dependents or sponsored immigrants in Item Number 1, enter "0" on the later line.
- Leaving Part 6, Item Number 16.a blank instead of the total income, "zero" or "N/A", or not entering "N/A" on 16.b and 16.c when no extra returns are attached.
- Attaching state tax returns, or foreign returns when a U.S. return was required; the instructions say not to submit state returns.
- Counting means-tested public benefits, or a household member's income from illegal acts, as income.
- Counting an automobile as an asset without showing another working automobile that is not included.
- Using a household member's or intending immigrant's income without the required Form I-864A and evidence that the income will continue.
- Sending original documents when the instructions do not request them; USCIS may destroy originals submitted unnecessarily.
Frequently asked questions
What is Form I-864 used for?
Form I-864 is the Affidavit of Support Under Section 213A of the INA. A sponsor uses it to show enough income or assets to support an immigrant at 125 percent of the Federal Poverty Guidelines, so the immigrant is not found likely to become a public charge. Signing it creates a legally enforceable contract with the U.S. Government.
Who has to submit Form I-864?
Most family-based immigrants must submit one completed by the petitioner, including immediate relatives of U.S. citizens and family preference immigrants. Some employment-based immigrants also need one if a relative filed their Form I-140 or owns at least five percent of the filing business. The instructions list exempt groups, such as immigrants with 40 qualifying quarters of work.
Can I fill out Form I-864 online?
You can fill out the I-864 PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the affidavit: the immigrant submits it to USCIS or the Department of State through their channels. The form must be signed by hand before filing.
What income do I need to sponsor an immigrant?
Your income must be at least 125 percent of the Federal Poverty Guidelines for your household size, checked against Form I-864P. A petitioning sponsor on active duty in the U.S. Armed Forces or Coast Guard sponsoring a spouse or child needs 100 percent. That reduction does not apply to joint or substitute sponsors.
What if I cannot meet the income requirement?
You can combine income from relatives or dependents who sign Form I-864A, the intending immigrant's income when conditions are met, or assets. A joint sponsor whose income or assets meet 125 percent of the guidelines can also file a separate Form I-864. There may be no more than two joint sponsors.
Do I need a separate Form I-864 for each family member?
Yes, for each intending immigrant, with one exception: dependents immigrating with the principal immigrant or within six months can use a photocopy of the original affidavit, without copies of the supporting documents. Immigrants with different petitions, such as two parents, each need an original affidavit.
How long does my obligation as a sponsor last?
It continues until the sponsored immigrant becomes a U.S. citizen or can be credited with 40 qualifying quarters of work, generally about 10 years of work. It also ends if the immigrant ceases to be a permanent resident and leaves the country, or if you or the immigrant die. Divorce does not end it.
Where do I file Form I-864?
The immigrant files it with their immigrant visa or adjustment application. For USCIS, the lockbox address depends on where you live and is listed on the USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms. With the Department of State, follow travel.state.gov or the National Visa Center's instructions.
What if I move after signing Form I-864?
File Form I-865, Sponsor's Change of Address, only after your address changes. The printed contract says to notify USCIS within 30 days, while the instructions say a sponsor who is not a U.S. citizen must notify USCIS within 10 days. Failing to report can bring a civil fine.
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