U.S. GOVERNMENT > Foreign Policy and International Affairs Guidelines for Preparing Form I-864

U.S. GOVERNMENT > Foreign Policy and International Affairs > Guidelines for Preparing Form I-864

Guidelines for Preparing Form I-864

Important Notice For Sponsors : Please use these guidelines when assembling Form I-864 Affidavit of Support documents. I-864s that are incomplete or have not been assembled correctly will not accepted. (Note: This form is for your personal reference. You do not need to return it with the completed I-864).

Who Needs an I-864?

Applicants for family-based immigrant visas, including orphans (self-petitioning widow/ers, battered spouses of U.S. citizens and children of battered spouses of U.S. citizens are exempt from this requirement). Applicants for employment-based immigrant visas where a relative filed the immigrant visa petition or has a 5 percent or greater ownership interest in the business that filed the petition. Please submit documents in the following order:

I. Petitioner’s (sponsor) documents: Form I-864

In family-based cases, the petitioner or the relative who filed the petition must complete the Form I-864. For employment-based cases, the person who has ownership interest (5% or more) in the petitioning company should complete the Form I-864. This is true even if a joint sponsor gives an affidavit of support.

Put all pages in correct order, 1, 2, 3, 4, 5 and 6, and staple them together.
Fill out each page completely.
Sign Part 7. In employment-based cases, the relative must sign (not required to be notarized).

Federal Income Tax Return: Include a photocopy or Internal Revenue Service (IRS) transcript* even if you filed electronically, with all supporting schedules and/or W-2s for the most recent federal income tax return. *To request IRS-generated transcripts or copies of your tax return, visit the IRS website.

The return must have all pages in the correct order and stapled together.
If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication that shows you were not obligated to file. For general information on income tax obligations, visit the IRS website.

Income Requirement if you need assets to meet the minimum income requirement:

Attach evidence of assets with a cash value that equals at least five times the difference between your total household income and the poverty guideline for your household size.

Example for a household size of 4:

         125 percent of poverty guideline:              $25,000
         Sponsor’s income:                                  $18,000
         Difference:                                               $7,000
         Multiply by 5:                                                x 5
         Minimum required cash value of assets: $35,000

Attach evidence of ownership, location and the value of each asset.
Attach evidence of liens, mortgages and liabilities (if any) for each asset.
Attach additional evidence, when tax returns reflect income that does not meet the minimum income requirement. Evidence of current employment or self-employment includes, a recent pay statement or a statement from your employer on business stationery. The letter from your employer should show the beginning date of employment, type of work you do and how much money you make.

II. Joint Sponsor’s documents (if required)

If a petitioner’s income does not meet the 125% income requirement, a joint sponsor must complete a Form I-864. Note: The petitioner must also submit a Form I-864.

The Joint Sponsor is required to meet the same qualifications as the petitioner and submit the same documentation noted in I. Petitioner’s documents (listed above) including federal income tax return and income requirements.

III. Household Member’s documents

You need a separate Form I-864A Contract Between Sponsor and Household Member for each household member whose income and assets are to be considered.

Each page must be filled out completely and stapled together.
All tax, employment and asset documentation must be assembled in the same manner as the I. Petitioner’s documents (see above) and attach the Form I-864A.
The Sponsor must complete Part 2 and Part 5 (not required to be notarized).
The household member must complete Part 3 or Part 4 and Part 6 (not required to be notarized).

IV. Principal Applicants (immigrants) and Accompanying Dependents

Principal Applicant:

Original signed (not required to be notarized) I-864 and I-864A, Contract Between Sponsor and Household Member (if needed).
One complete set of supporting documents (sponsors most recent federal income tax return, etc) for each principal applicant. You must list all accompanying dependents in Part 3 of the I-864 and Part 2 of the I-864A.

Accompanying Dependents who will immigrate with the principal applicant:

Each dependent must have a signed original or a photocopy of the principal applicant’s signed (not required to be notarized) Form I-864 and I-864A (if needed). Copies may only be used for dependants whose names appear on the principal’s original forms.

Copies of supporting documents are not required for dependents applying for visas or adjustment of status together with the principal immigrant.