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When dealing with U.S. immigration, one form that pops up a lot is Form I-864, the Affidavit of Support Under Section 213A of the Immigration and Nationality Act (INA). This form is part of the immigration process for many applicants and shows that the sponsor will support the intending immigrant. This will walk you through what Form I-864 is, who needs to fill it out and some general tips.

What is Form I-864, Affidavit of Support Under Section 213A of the INA?​

Form I-864 is a legal document required by the U.S. Citizenship and Immigration Services (USCIS) to show an immigrant has enough financial support during their stay in the United States. This affidavit is to ensure the immigrant will not become a public charge or rely on government assistance to live.

The form is to prove the sponsor has enough income or financial resources to support the immigrant. The sponsor must agree to support the immigrant financially which means they will be responsible for the immigrant’s financial well-being until they become a U.S. citizen or are credited with 40 quarters of work (about 10 years).

Key Points About Form I-864:

  • Purpose: To show financial responsibility for the immigrant.

  • Legal Basis: Required under Section 213A of the INA.

  • Duration of Support: Typically until the immigrant becomes a U.S. citizen or 40 work quarters.

Who needs to fill out Form I-864?​

Form I-864 must be filled out by:
  1. Petitioners for Family-Based Immigrant Visas: If you are sponsoring a relative for a family-based immigrant visa, you must fill out Form I-864. This includes spouses, children, parents and siblings.
  2. Affidavit of Support for Employment-Based Immigrants: In some cases, a U.S. employer who is sponsoring a foreign worker for an immigrant visa may also need to fill out Form I-864.
  3. Joint Sponsors: If the primary sponsor does not meet the income requirements, a joint sponsor can be used to provide additional financial support. The joint sponsor must also fill out Form I-864 and meet the same requirements as the primary sponsor.
  4. Household Members: Sometimes the income of household members can be used to meet financial requirements. In that case, Form I-864A must be filled out by the household members.

Who Does Not Need to Fill Out Form I-864:​


Employment-Based Immigrants with a Sponsor: In some employment-based cases, other forms may be used such as Form I-864EZ or Form I-864W.

General tips on filling out Form I-864​

Filling out Form I-864 correctly is crucial to avoid delays or denials in the immigration process. Here are some general tips to help you fill out Form I-864 correctly:

  1. Read Instructions Carefully: Before filling out the form, read the instructions provided by USCIS thoroughly. This will help you understand the requirements and avoid common mistakes.
  2. Provide Accurate Information: Make sure all information provided on the form is accurate and up-to-date. Double-check your income, employment details and other financial information.
  3. Complete All Required Sections: The form has several sections, including personal information, financial information and the sponsor’s declaration. Complete all sections fully to avoid processing delays.
  4. Attach Supporting Documents: Attach all required supporting documents such as tax returns, W-2 forms and proof of income. This documentation helps verify the financial information provided on the form.
  5. Use the Correct Version of the Form: Make sure you are using the latest version of Form I-864. USCIS updates forms periodically and using an outdated version will result in your application being rejected.
  6. Check Income Requirements: The sponsor’s income must be at least 125% of the Federal Poverty Guidelines for their household size. Make sure your income meets this threshold and if not, consider a joint sponsor.
  7. Sign and Date the Form: Make sure you sign and date the form in the correct sections. Unsigned forms will not be processed.
  8. Consult with an Immigration Attorney: If you are unsure about any part of the form or have complex financial situations, consult with an immigration attorney. They can provide personalized advice and help you fill out the form correctly.
  9. Keep Copies of Everything: Make copies of all forms and supporting documents before submitting them. This will help you keep track of your application and provide evidence if needed.
  10. Follow Submission Instructions: Submit the completed form and supporting documents as instructed by USCIS. Incorrect submission methods will result in delays.

Form I-864 is an important part of the U.S. immigration process to ensure immigrants have sufficient financial support. By knowing what it is, who needs to fill it out and following the general tips to fill it out, you can make it easier. Accurate and complete submissions will avoid delays and make the process smoother for your application. For any questions or concerns, check the latest USCIS guidelines or consult with an immigration attorney.