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Affidavit of Support Forms: I-864, I-864A, I-864EZ & I-864W
It is mandatory for petitioners of all family-based immigrant visa applicants to submit an affidavit of support, form I-864, I-864A, or I-864EZ. The signatures on these forms must be originals and must be less than 6 months old at the time of interview.
For accompanying dependents that will immigrate with the principal applicant, each dependent must have a signed I-864 or I-864EZ (and I-864A, if needed). You can use photocopies of the principal applicant’s I-864. The dependents’ names must appear on the principal applicant’s original petition and Form I-864 (and I-864A, if needed).
You do not need photocopies of the supporting documents for the I-864 for accompanying dependents applying for visas together with the principal applicant unless the dependents will not enter the U.S. with the principal applicant. In the case of children who have or will have separate I-130 petitions filed on their behalf, supporting documents must be submitted in support of each child’s I-864, I-864A, or EZ.
Sections on this page
- I-864EZ: Affidavit of Support under Section 213a of the Act
- I-864: Affidavit of Support under Section 213a of the Act
- I-864A: Contract between sponsor and household member
- I-864W: Intending immigrant’s affidavit of support exemption
- Supporting documents for forms I-864, I-864A or I-864EZ
- Further information on U.S. federal income tax return information for Affidavit of Support, Form I-864
- Frequently Asked Questions
I-864EZ: Affidavit of Support under Section 213a of the Act
- Must be completed by the person who filed the I-130 petition.
- The relative being sponsored is the only person listed on the I-130 petition.
- The income being used to qualify is based entirely on the petitioner’s U.S. salary or pension & is shown on one or more Forms W-2 provided by employers or former employer(s).
- There is no need for a joint sponsor or a Form I-864A.
I-864: Affidavit of Support under Section 213a of the Act
- Must be completed by the person who filed the I-130 petition when the relative being sponsored is not the only person immigrating based upon the underlying visa petition.
- Required for an IR-2 visa applicant based on stepparent and/or stepchild relationship with a U.S. citizen
- Required for IR-2 or IR-3 applicants who will be age 18 years or over upon admission to the United States as Legal Permanent Residents.
- Required for IR-2 or IR-3 applicants who will not be in the physical custody of the U.S. citizen parent at time of lawful admission
- Required for IR-3 or IR-4 applicants who will not be residing in the U.S. with the citizen parent
- Required for IR-4 applicants.
- The petitioner is using his/her assets to overcome the poverty guidelines whether or not in addition to using his/her income. (If the petitioner’s U.S. income or pension alone meets the poverty guidelines, he/she should complete form I-864EZ.)
- Required when the petitioner has filed Form I-140 for Alien Worker for the sponsored immigrant who is a relative.
- Should be used by a “substitute sponsor” when the original I-130 petitioner is deceased.
- Should be used by a joint sponsor if the petitioner cannot meet the income/assets requirements.
I-864A: Contract between sponsor and household member
- Should be used when a relative who has the same principal residence as the sponsor is related to the sponsor as a spouse, adult child, parent, or sibling.
- Should be used when the sponsor has lawfully claimed a relative or other person as a dependent on the sponsor’s most recent Federal Income Tax Return even if that person does not live at the same residence as the sponsor.
- Can be used by the intending immigrant when he/she has the same principal residence as the sponsor and the intending immigrant can establish that his or her income will continue from the same source, even after acquisition of Legal Permanent Resident status (For example, for cases in the Family & Employment categories who are residing in the U.S. in nonimmigrant status and living with the sponsor)
- Can be used when the intending immigrant is the sponsor’s spouse and the intending immigrant can show that his/her income will continue from the same source after acquisition of Legal Permanent Resident status.
I-864W: Intending immigrant’s affidavit of support exemption
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Should be used when the petitioner has earned (or can be credited with) 40 quarters of coverage under the Social Security Act (SSA). If so, petitioner is exempt from the requirement of the I-864. They can acquire 40 qualifying quarters in the following ways:
- By working in the United States for 40 quarters in which the petitioner received the minimum income established by the SSA; or
- By being credited under Section 213(a)(3)(B) of the INA with quarters worked by their (visa applicant) spouse during the marriage or a parent during the time visa applicant was under 18 years of age; or
- A combination of the above.
If you are claiming credit for quarters worked by a spouse or parent, you may not count any quarter in which your spouse or parent was receiving means-tested public benefits. You must include all SSA forms necessary to establish that you have or can be credited with 40 qualifying quarters of coverage.
To obtain an earnings and benefits statement from SSA, applicants should complete Form SSA-7004-SM, Request for Social Security Statement. Individuals in the U.S. can obtain this form by calling SSA’s toll -free number, 1-800-772-1213. See the SSA website at www.ssa.gov/mystatement/credits for more information.
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Should be used when the intending immigrant is a child who will become a U.S. citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA). Under the CCA, some children become U.S. citizens immediately upon admission to the United States or adjustment of status to that of a lawful permanent resident. For this classification to apply, refer to the I-864W instructions on Page 1 section number (2).
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Should be used if a person is filing for an immigrant visa as a self-petitioning widow(er).
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Should be used if a person is filing for an immigrant visa as a self-petitioning battered spouse or child.
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Should be used for orphans adopted by an American citizen abroad (IR-3 visa category), provided the child will be admitted to the U.S. while still under age 18 years, and will be in the physical custody of the adoptive U.S. citizen parent at the time of admission, and will be residing in the U.S. with the citizen parent.
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Adopted children classified IR-2 who meet the requirements of INA 101(b)(1)(E), provided the child will be admitted to the U.S. while under the age of 18 years and will be in the physical custody of the adoptive U.S. citizen parent at the time of admission, and will be residing in the U.S. with the citizen parent.
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IR-2 born in or out of wedlock to a parent, who is now a U.S. citizen, provided the child will be admitted to the U.S. while still under age 18 years, and will be in the physical custody of the U.S. citizen parent at the time of admission, and will be residing in the U.S. with the citizen parent.
Form I-864W can be downloaded from the USCIS website.
Supporting documents for forms I-864, I-864A or I-864EZ
If the petitioner is residing in Australia:
- A signed affidavit of support, form I-864, I-864A (if needed), or I-864EZ for each visa applicant.
- Most recent U.S. Federal Income Tax Returns and W-2 forms.
- If applicable, a letter from his/her employer on company stationary verifying date of hire, position, wages or salary to be paid in the U.S., numbers of hours to be worked per week, whether the job is full-time, permanent, part-time, or seasonal, expected date of transfer and details of transfer to the U.S. company.
- Evidence of (combined) assets of petitioner and immigrating spouse.
- Evidence of petitioner having taken the necessary steps to re-establish U.S. domicile.
If the petitioner’s (and/or immigrating spouse’s) assets will not meet the poverty guidelines, the petitioner should have a U.S. citizen or legal permanent resident domiciled in the U.S. to act as joint sponsor.
If a joint sponsor is required:
- A signed affidavit of support, form I-864 and I-864A (if needed). Form I-864EZ does not apply to joint sponsors.
- A letter from his/her U.S. employer on company stationary verifying date of hire, position, wages or salary, numbers of hours worked per week and whether the job is full-time, permanent, part-time, or seasonal.
- Most recent U.S. Federal Income Tax Returns and W-2 forms.
- Evidence of U.S. citizenship or legal permanent residency will be needed — a copy of his/her passport biographic page, birth certificate, or alien registration card (green card.)
For more information please refer to the following pages on these subjects:
- Filing of U.S. federal income tax returns
- Assets
- Evidence of re-establishing U.S. domicile
If the petitioner is residing in the United States:
- A signed affidavit of support, form I-864, I-864A (if needed), or I-864EZ for each applicant.
- A letter from his/her U.S. employer on company stationary verifying date of hire, position, wages or salary, numbers of hours worked per week and whether the job is full-time, permanent, part-time, or seasonal.
- Most recent U.S. Federal Income Tax Returns and W-2 forms.
If the petitioner’s (and/or household member’s) annual income will not meet the poverty guidelines, he/she may submit evidence of all his/her assets. If the assets and income will not meet the poverty guidelines, the petitioner should have a U.S. citizen or legal permanent resident domiciled in the U.S. to act as joint sponsor.
If a joint sponsor is required:
The joint sponsor will need to submit documents 1-3 above, completing form I-864 and I-864A if needed. Form I-864EZ does not apply to joint sponsors.
Evidence of U.S. citizenship or legal permanent residency will be needed — a copy of a passport biographic page, birth certificate, or alien registration card (green card.)
If the joint sponsor’s (and/or household member’s) annual income will not meet the poverty guidelines, he/she may submit evidence of all his/her assets.
Further information on U.S. federal income tax return information for Affidavit of Support, Form I-864
All applicants required to submit an I-864 must provide their petitioner’s tax returns from the most recent tax year unless they are not required to file. The only people not required to file are those whose total income, including that from foreign sources, is less than shown on the table below.
Supporting regulations:
From Chapter 1 of IRS Publication 54 (2005): Filing Requirements
If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and for paying estimated tax are generally the same whether you are in the United States or abroad.
Your income, filing status, and age generally determine whether you must file an income tax return. Generally, you must file a return if your gross income from worldwide sources is at least the amount shown for your filing status in the following table. As these amounts are subject to change, please check the current figures on the IRS website.
| Filing Status* | Amount |
|---|---|
| Single | $8,200 |
| 65 or older | $9,450 |
| Head of household | $10,500 |
| 65 or older | $11,750 |
| Qualifying widow(er) | $13,200 |
| 65 or older | $14,200 |
| Married filing jointly | $16,400 |
| Not living with spouse at end of year | $3,200 |
| One spouse 65 or older | $17,400 |
| Both spouses 65 or older | $18,400 |
| Married filing separately | $3,200 |
*If you are the dependent of another taxpayer, see the instructions for Form 1040 for more information on whether you must file a return.
Gross income: This includes all income you receive in the form of money, goods, property, and services that is not exempt from tax.
For purposes of determining whether you must file a return, gross income includes any income that you can exclude as foreign earned income or as a foreign housing amount.
If you are self-employed, your gross income includes the amount on line 7 of Schedule C (Form 1040), Profit or Loss From Business, or line 1 of Schedule C-EZ (Form 1040), Net Profit From Business.
Frequently Asked Questions
What happens if the sponsor did not file income tax returns for the previous year?
Immigration law requires the sponsor to submit an income tax return for the year immediately before the visa application if the sponsor was required to file. The Internal Revenue Service (IRS) requires Americans and lawful permanent residents who are working abroad to file income tax returns even if most or all of their overseas income is excluded from U.S. taxes.
What does the sponsor do when he/she was not required by law to file an income tax return during a given year?
If a sponsor was not required by law to file an income tax return, he/she should prepare a notarized statement. In this statement the sponsor should state that he/she was not required to file a tax return and give the related Internal Revenue Service (IRS) regulation. The IRS 1040 Instruction Book has information on who is not required to file income tax returns.
If the sponsor owns a business, should he/she submit individual or business tax returns?
Individual tax returns. Consular officers can only accept individual tax returns, since the individual is sponsoring the applicant, not the business.
If the sponsor does not have copies of his/her tax returns, can he/she submit a summary of the returns from the Internal Revenue Service (IRS)?
Yes.
Further information on Assets
May the petitioner/sponsor count assets to meet the 125 percent minimum income requirement?
Yes. The sponsor counts his/her U.S. income first, not foreign income. Next he/she counts the personal assets and/or the income and assets of household members who have signed an I-864A. If, using all of those sources, the minimum income requirement is met; the affidavit would be "sufficient."
To be counted, the cash value of assets must equal five times the difference between the sponsor's income and 125 percent of the poverty line for the household size.
(For spouses and unmarried children under 21 years of U.S. citizens, only three times the difference between the applicable income threshold and actual household income is required). For example, a petitioner/sponsor with a household size of four and an income of $18,000 would need assets equal to five (or three) times the difference between his/her income and the income required for a family of four at the current federal poverty guidelines level. He/she would also need to show evidence of mortgages, liens, and liabilities against the assets.
What can be used as assets?
Assets can be savings, stocks, bonds, and property, but must be easily converted to cash.
Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?
Yes, under these conditions:
- The assets must be readily convertible to cash within 12 months.
- The applicant must show that he/she can take the money or assets out of the country where they are located. Many countries have strict regulations, which limit the amount of cash or liquid assets that can be taken out of the country
- The assets equal at least five (or three) times the difference between the sponsor's income and 125 percent of the poverty line for the household size.
For real estate investments: evidence of property ownership may be in the form of a title deed or equivalent, or certified copies thereof. The applicant must satisfy the consular officer as to the plans for disposal or rental of such property and the manner in which the income from the property (if abroad) is to be transferred to the United States for the applicant’s support. The applicant must provide sufficient documentation to support their intention to dispose of or rent out their property, such as a properly executed rental agreement or document of sale.
Can free housing be counted as income?
Yes. Sponsors who receive housing and other benefits in place of salary may count those benefits as income. The sponsor may count income that is not subject to taxation, such as a housing allowance. The sponsor would have to prove the nature and amount of any income that is not included as wages or salary or other taxable income. Evidence of such income can be shown through notations on the W-2 Form (such as Box 13 for military allowances), Form 1099, or other documents that show the claimed income.
Can applicant's ongoing income be counted?
Under certain circumstances, yes. The applicant must have lived in the sponsor's household for 6 months before the completion of the Affidavit of Support. The applicant must show that the income will continue after he/she takes up residence in the U.S.
Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?
No. The law does not allow for consideration of offers of employment in place of the I-864. A job offer may not be counted in reaching the 125 percent minimum income.
What are the special provisions for members of the Armed Forces?
Active duty members of the Army, Navy, Marines, Air Force, and Coast Guard need to meet only 100 percent of the minimum poverty guideline income requirement. Members of the Merchant Marine must meet the full 125 percent income requirement.
Is a "sufficient" I-864 the only consideration for meeting any public charge issues at the time of the visa interview?
No. Even though the I-864 is a contract and the U.S. government prohibits giving immigrants most federal means-tested public benefits for at least the first five years after their arrival in the U.S., consular officers look at other public charge issues. They will look at the complete financial situation of the sponsor and the applicant. This means looking at the age, health, education, skills, financial resources, and family status of the applicant and the sponsor. They will confirm to the extent possible that the applicant will have adequate financial support and is not likely to become a public charge.
If the poverty guidelines change between the time the petitioner signed the I-864 and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new I-864?
No. As long as the I-864 was submitted to a consular officer within one year of the date it was signed and notarized, a new I-864 is not required. However, the petitioner/sponsor and the joint sponsor must meet the minimum income requirement based on the federal poverty guidelines in effect on the date of the visa interview, not those in effect when the form was signed.
Further information on Domicile
Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a sponsor?
No. The law requires that sponsors be domiciled (live) in any of the States of the United States, the District of Columbia, or any territory or possession of the United States.
If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?
No. Under the law, a joint sponsor cannot sponsor an immigrant when the petitioner does not have a domicile in the United States. The petitioner must first meet all the requirements for being a sponsor (age, domicile, and citizenship) except those related to income before there can be a joint sponsor.
How is domicile determined?
Domicile is a complex issue and must be determined on a case-by-case basis. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.
Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:
- He/she left the United States for a limited and not indefinite period of time,
- He/she intended to maintain a domicile in the United States, and
- He/she has evidence of continued ties to the United States.
An American citizen or LPR spouse or dependent who has maintained a residence in the U.S. and/or whose spouse/parent works in one of the categories listed below would also qualify as a sponsor.
What kinds of employment abroad can be counted as U.S. domicile?
The following are examples:
- Employment by the U.S. government
- Employment by an American institution of research recognized by the Attorney General
- Employment by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm
- Employment with a public international organization in which the United States participates by treaty or statute
- Employment by a religious denomination/group having a genuine organization within the United States and is stationed abroad with that religious denomination
- Employment as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States and is stationed abroad with that religious denomination
There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has domicile in the United States. The sponsor must satisfy to the consular officer that he/she has not given up his/her domicile in the United States and established his/her domicile abroad.
How can a petitioner establish domicile?
When a sponsor has clearly not maintained domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:
- Find a job (or job offer) in the United States
- Locate a place to live in the United States
- Register children in U.S. schools
- Make arrangements to give up (relinquish) residence abroad
- Evidence of current U.S. bank accounts
- Other evidence of a U.S. residence
If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.
Last update Tuesday, 13 May 2008
