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I-864, Affidavit of Support
 

The U.S. Petitioner must submit a contractual Affidavit of Support, form I-864, (and/or I-864EZ and I-864A) on behalf of the intending immigrant. The Affidavit of Support is required to show that an intending immigrant has adequate means of financial support while in the United States and is not likely to become a public charge. By executing this form, the U.S. sponsor/joint sponsor agrees to support the intending immigrant and any spouse and/or children immigrating with him/her and to reimburse any government agency or private entity that provides the sponsored immigrant with Federal State or local means tested public benefits. The U.S. sponsor/joint sponsor's obligation continues until the sponsored immigrant becomes an American citizen, can be credited with 40 qualifying quarters of work, departs the United States permanently, or dies. Divorce does not terminate the obligation.

Important Notice: If the immigrant visa application is still being processed by the National Visa Center (NVC) in New Hampshire, please communicate directly with NVC regarding Form I-864.

 

Domicile

Household Size

Income and Assets

Tax Returns

Sponsor and Joint Sponsor

Document Checklist

Who requires an Affidavit of Support form (I-864, I-864EZ, & I-864A)?

  • A person qualifying for immigration in the immediate relative category as a spouse, child, including orphans, or parent of an American citizen;
  • A person qualifying for immigration in the family based preference categories as the unmarried son or daughter, married son or daughter, and sibling of an American citizen and spouse and unmarried child of a Lawful Permanent Resident (LPR); and
  • A person qualifying for immigration in the employment based preference categories where a family member filed the immigrant visa petition, form I-140, or the family member has a 5% or more ownership interest in the company which filed the immigrant visa petition, form I-140.

What about the fiancé(e) of an American citizen who is applying for a fiancé(e) visa?

An I-864 will be required at the time the fiancé(e) visa holders applies to adjust his/her status from Nonimmigrant to conditional resident with United States Citizenship and Immigration Services (USCIS).

The U.S. citizen may complete form The Affidavit of Support, form I-134, as part of the fiancé(e) visa application.

Domicile

In order to file an I-864, I-864EZ, & I-864A, the sponsor or joint sponsor must be a resident of the United States. However, sponsors residing outside the United States are not automatically disqualified from being a sponsor if they are able to show that they are temporarily resident outside the United States. Joint sponsors must be resident in the United States to qualify.

How do you define "temporarily" resident outside the United States?

The sponsor must satisfy the consular officer that he/she has not given up his/her permanent residence in the United States to establish a residence abroad; i.e. he or she has maintained his/her principal residence in the United States with the intent to maintain that residence for the foreseeable future. Lawful Permanent Residents must further demonstrate that they have maintained their legal permanent residence status. The decision will be on a case by case basis. The following is a list of the types of employment, which is considered meeting the definition of "domiciled" in the United States, if the sponsor has been temporarily working outside the United States. The list also covers a sponsor who is the spouse or son/daughter of a person employed abroad in one of the listed professions.

The list includes, but is not limited to employment by:

  • the U.S. government, including the U.S. Armed Forces;
  • an American Institution of research recognized as such by the Attorney General;
  • 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 thereof;
  • by a public international organization in which the U.S. participates by treaty or status; and
  • a person who is performing the ministerial or priestly functions of a religious denomination having a bona fide organization with the United States who is temporarily stationed abroad pursuant to that calling of is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States and is stationed to that calling.

There may be other instances where the sponsor is temporarily residing outside the United States, for example, he or she may be studying or teaching. As stated, the defining factor is whether or not the individual is able to show that his or her residence outside the United States is clearly of a temporary nature and that he or she did not give up his/her residence in the United States to establish a residence abroad.

If you have any questions concerning this issue, please contact the Immigrant Visa Unit.

What if I have not maintained a residence in the United States?

If you are acting as a joint sponsor you are required to show that you have maintained a residence in the United States. However, in cases where a sponsor may have abandoned his or her residence in the United States to live abroad, may have not resided there since a child, or in some cases, may never have resided there, he or she will not automatically be disqualified to act as a sponsor. In such cases, the question becomes do you intend to reestablish a residence in the United States. If this is indeed your intention and you can prove that you have or intend to re-establish U.S. residence, it may be possible for you to act as a sponsor.

For U.S. petitioners in Sweden: you may meet this requirement by showing that you have taken or will take a credible combination of steps to make the U.S. your immediate principal place of residence. Such steps may include finding employment, locating a place to live, registering children in U.S. schools etc. In addition, you should make arrangements to abandon your residence in Sweden; for example obtaining a valuation of your property from an estate agent.

As the sponsor, will I have to travel to the United States ahead of my relative to establish residence?

No, it will not be necessary for you to travel to the United States ahead of your spouse/children. However, you will be required to furnish evidence confirming the steps taken to re-establish your residence in the United States, e.g., a letter of employment, rental agreement, purchase of property, a letter from an estate agent in Sweden showing the valuation of your property.

Note: Your relative may not enter the United States to take up residence prior to your return to the United States. He or she may travel with you, or follow to join you at a later date.

What if I have no intention of re-establishing a residence in the U.S?

In order to file an Affidavit of Support, the sponsor must be a "resident" of the United States as described above. If you do not maintain a residence in the United States and have no intention of re-establishing a residence there, it will not be possible for you to act as sponsor. If you cannot act as a sponsor it will not be possible for your relative to qualify for immigration on the basis of an immigrant visa petition filed by yourself.

If I do not meet the U.S. residence requirement, can a joint sponsor file an I-864?

No, if you, as the main sponsor, do not qualify because you do not meet the domicile requirement, a joint sponsor cannot be used. The sponsor must first meet all of the requirements of a sponsor, including domicile in the U.S., before there can be a joint sponsor.

Household Size

I'm filing an immigrant visa petition on behalf of my brother, but as I have limited financial resources I cannot afford to sponsor his wife and children. Is this OK?

This is possible, however, it does mean that only the persons you are able to sponsor, which must include your brother, as the principal applicant, would be eligible to immigrate to the United States at this time. You would still be required to file an I-864 for your brotherís wife and children, but could file at a later date when your financial circumstances had improved.

What are the advantages of limiting the number of people I sponsor?

By limiting the number of persons you are sponsoring, you would reduce the household size and thereby face a lower minimum income requirement. You should note however, that when it comes to filing an I-864 on behalf of your brotherís wife and children, your brother would still be counted in the total, as an alien whom you are still obligated to support.

I'm divorced and my child resides in my household part of the time and with my spouse the other. Is he or she counted as part of my household?

Dependent children of a divorced couple are members of the parentís household, even if they live part of the time with the other parent. A parent always has a legal obligation to support his or her child.

But my spouse claims my child as a dependent on his or her tax returns.

Although only one of the parents may be legally entitled to child as a dependent on his or her tax return, the child is considered as part of both parentís households for purposes of the I-864 unless a parent can show that he or she has been relieved of any legal obligation to support the child.

Income and Assets

I do not work/ I am retired/I know that my income does not meet the Federal poverty guidelines for my household size; am I still required to file an I-864?

Yes. As the petitioner, you are required to file an I-864 even if you do not work, are currently unemployed or know that your income will not meet the poverty level guidelines for your household size.

I am on welfare; can I still sponsor my relative?

As the petitioner you are required by law to file an I-864 even if you are currently not earning an income. The welfare benefits you receive can be taken into consideration.

If I require a joint sponsor as I am unable to meet the Federal Poverty Guidelines, who will be financially responsible for the sponsored immigrant?

The sponsor will remain fully liable, along with the joint sponsor, for any benefits the sponsored immigrant may use.

If I receive housing/other tangible benefits in lieu of a salary, can I count these as income?

Yes. Income that is not subject to taxation, such as a housing allowance if you are a member of the clergy or military personnel may be counted. However, the burden will be on you to prove the nature and amount of any income on which you rely, but is not included as wages/salary or other taxable income.

How can I do this?

Evidence of such income can be shown through notation on the W-2 Wages and Tax Form (such as box 13 for military allowances), Form 1099 or other documents that substantiate the claimed income.

Is it only my income that can be counted?

If your income does not meet the poverty level guidelines for your household size you may include in your calculation the income of anyone who is residing in your household, if they are willing to make their income and/or assets available for the support of the sponsored immigrant(s). By signing the form the household member agrees to be jointly responsible with the sponsor to reimburse the costs of any means-tested public benefits used by the sponsored immigrant(s).

The sponsored immigrant has been offered employment on his or her relocation to the United States; can this be taken into consideration?

No. While we recognize that the sponsored immigrant may be the main wage earner in the family and on his or her relocation to the United States will have employment, that job offer and salary cannot be counted toward the poverty level guidelines as a current not future income is required.

If my income does not meet the poverty level guidelines for my household size, do I have to use a household member?

No. If you do not meet the income requirements you make take into consideration your assets, including the assets of the sponsored immigrant.

What type of assets can be used?

Any type of assets can be used if they are readily convertible to cash within a year. Liquid assets, such as savings deposits, stocks, bonds and certificates of deposit are best because they would be the most accessible for the support of the sponsored immigrant(s). However, other assets, such as property, may also be acceptable if they can be sold within a year.

Some/all of these assets are outside the United States, is this OK?

Yes. However, the assets must be readily convertible to cash within 12 months and you must be able to demonstrate the ability to take the money or assets out of the country where they are located. Many countries have strict regulations that severely limit the amount of cash or liquid assets an individual may take or send abroad. If you are resident in Sweden, you should visit the Customs' home page www.customs.gov for further information.

What kind of evidence do you require?

You are required to furnish evidence of ownership and the value and location of the assets. In addition you will be required to furnish information on any liens and liabilities relating to these assets. For bank accounts, bank statements for the most recent 12 months, or a letter from the bank stating the data the account was opened, a history of deposits and withdrawals for the past year and the current balance will be required.

You mention property; I own a home in Sweden, which I will sell if my relative is issued an immigrant visa. How can I show you the value of this property?

You may furnish a valuation of your property from an estate agent, together with a mortgage statement from the mortgage company.

We own property in the United States; can this be counted as an asset?

Only if the property in the United States is not your main residence and you intend converting this assets into cash within 12 months of your relative being issued an immigrant visa.

I am sponsoring my spouse, the assets which we need to use to meet the poverty level are joint assets; is this OK?

Assets of the spouse may be used.

Can the assets of the intending immigrant be used if he or she is not my spouse?

Assets of the intending immigrant may be used if he or she has been a member of your household residing at the same address, for at least six months.

I am sponsoring my spouse for immigration and we will use his or her assets to meet the poverty level guidelines, does he or she need to complete an I-864A?

No, if it is just your spouse who is immigrating, he or she need not complete an I-864A.

My Swedish pension cannot be counted as income, but can it be counted as assets?

Yes, you may take your Swedish pension into consideration when calculating your assets.

Do I just total up my assets and add it to my income?

No. To be counted, the cash value of your assets must be at least five times (three times if filing for spouse or minor child) the difference between your income and the 125% of the poverty line for your household size. Example: Your household size is four and you have an income of $18,000. 125% of the poverty line for your household is $27,562. Therefore the value of your assets must total at least five times the difference between $18,000 and $27,562, i.e. $9,562 X 5 = $47,810.

Tax Returns

U.S. law requires that the U.S. sponsor or joint sponsor submit tax return for the most recent year immediately prior to the intending immigrantís visa interview in which he or she was required by law to file.

Important Note: American citizens and LPRs who are working abroad are required by Internal Revenue Service IRS to file a return, even if most or all of their overseas income is excluded from U.S. taxes; a social security number is required to file a tax return. If you reside in Sweden and require information on general filing requirements, including information on filing tax returns retroactively, you should contact the American Citizen Services at 08-783 5375. Further information is available at the Digital Dailyî at www.irs.gov.

You refer to a number of forms on the Affidavit of Support; which form do you require?

We require photocopies of your Federal Tax return, form 1040 or 1040EZ. If you filed your tax return electronically you should furnish the form 1722.

I do not have copies of my tax return; can I submit an electronic summary of the return, which I provided to the IRS?

Yes.

What if I have not filed income tax return for the most recent year?

If you were required by law to file a tax return, you will be required to file retroactively with the IRS and provide a copy of the returns.

How do I know if I am required to file a tax return?

If you have any questions concerning the filing of federal tax returns you should contact the IRS: www.irs.gov.

I have been working outside the United States; do I still need to file tax return?

American citizens and legal permanent residents working abroad are required by the IRS to file a return, declaring worldwide income, even if all of their overseas income is excluded from U.S. taxes.

I'm a student/ have been studying; I do not need to file a tax return?

If you worked while studying, even if only part-time, you may be required to file a tax return. Additional information is available on the IRS Home Page The Digital Daily at www.irs.gov.

If I find out that I was required to file a tax return and have failed to do so, can I still qualify as a sponsor/joint sponsor?

You may file a late or amended tax return to the IRS. You may than submit copies of the late or amended return(s) for the year(s) in which you were obligated to file. We request that you include the postal receipt which shows that you have mailed the tax returns to the IRS in the U.S. Until such time as the late or amended return has been filed, and copies furnished with the Affidavit of Support (form I-864, I-864EZ, & I-864A), the affidavit will be considered incomplete and we cannot issue a visa.

If I find out that I was not required by law to file a tax return for the last year, what do I do?

You should submit a written and signed statement explaining the reasons why you are except from filing a tax return on the I-864.

I own a business; do I submit individual or business tax returns?

You should submit individual returns. Consular officers may only accept individual tax returns since it is the individual and the not the business who is sponsoring the applicant.

Sponsor and Joint Sponsor

I filed the immigrant visa petition, but can I be a sponsor if I am currently unemployed/retired/student and I am not earning an income?

As the petitioner you are required, by law, to file an I-864 even if you do not earn enough income. If you do not earn enough income, you may add the value of your assets and/or income and assets of your household members, if they are willing. If this still does not meet the federal poverty guidelines, a joint sponsor will be required to file an I-864.

What is the definition of relative for employment based sponsors?

Spouse, child under the age of 21, son or daughter 21 and over, parent or sibling.

Does the sponsor/joint sponsor's obligation end with divorce or the death of the sponsor/joint sponsor?

No, divorce does not nullify the I-864. If the sponsor/joint sponsor dies, the sponsor/joint sponsor's estate remains liable for any support or requests for repayment of benefit that arose before the support obligation ended.

What if the sponsor dies before all of the family members of the sponsored immigrant have entered the United States?

If the sponsor dies after the principal sponsored immigrant has entered the United States, but before his or her family members have immigrated, a joint sponsor may file an I-864. Example: A parent files an immigrant visa petition on behalf of a daughter and her family. The daughter and children immigrate to the U.S., but the husband remains in Sweden for 12 months. At the time he wishes to immigrate the sponsor would be required to file a new I-864. However if he had died, a joint sponsor could file an I-864.

Is there a limit on the number of joint sponsors?

No, there is no limit. However, each joint sponsor must meet the income requirement of the Federal poverty guidelines for your household size.

What do I do with the completed I-864/I-186EZ or I-864A?

The completed affidavit of support, form I-864/I-186EZ or I-864A together with all supporting documents as described above should be given to the sponsored immigrant for presentation to a consular officer on the day of his or her visa interview. If you do not wish for the sponsored immigrant to see the I-864/I-186EZ or I-864A, they may be placed in a sealed envelope and given to the sponsored for presentation to the Consular officer. The I-864/I-186EZ or I-864A must be completed within 12 months of presentation to the American Embassy.

Document Checklist

The following lists the steps you are required to take and documents you are required to furnish with the I-864/I-864A.

Sponsor: You are required to complete all pages of the Affidavit of Support (I-864, I-864EZ, & I-864A) and staple them together in the correct order. Please make sure to have the document(s) signed.

  1. Your complete federal income tax returns with all supporting schedules for the most recent tax year. The latest tax return must have all pages in the correct order and must be stapled together. Your W-2s for the most recent tax year which you filed a joint tax return. If you did not have to file a tax return you should attached a written explanation and a copy of the instruction from the IRS publication that show you were not obligated to file.
  2. Evidence of assets, if needed, including ownership, location and value of each assets together with evidence of liens, mortgages and liabilities for each asset (if any) notarized; and
  3. Evidence of your current employment or self-employment, for example the two most recent pay statements or a statement from your employer on business stationary that gives the date your employment commenced, type of work performed and wages or salary paid; self employment schedules filed with income tax returns or financial records such a bank statement for the business accounts.

Household Member(s): Each household member(s) whose income and/or assets are to be considered is required to complete a separate I-864A.

Joint Sponsor (if required): You are required to complete an additional Affidavit of support, form I-864. The I-864 should be presented with the following as outlined in 1 through 4.

  1. Your complete federal tax return and W-2s for the most recent tax year;
  2. Evidence of assets, if needed;
  3. Evidence of your current employment or self-employment and
  4. Proof of U.S. citizenship of Lawful permanent resident status

Important Notices

New Immigrants

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