I-864, Affidavit of support under section 213A of the INA

Who completes this form? The sponsor of an intending immigrant fills out and signs this form in black ink. If the sponsor is under guardianship, the guardian of that sponsor’s estate (financial affairs) may sign the form. As the person completing Form I-864, you are the sponsor (or, as appropriate, a substitute sponsor or joint sponsor).

By signing this form, you agree to financially support an immigrant who applies for either an immigrant visa or adjustment of status to become a lawful permanent resident. In most cases, the sponsor must be the individual who filed the visa petition for the intending immigrant. If the individual who filed the visa petition cannot sign this form because the individual has died, a substitute sponsor may sign this form.

If the individual who filed the visa petitioner or a substitute sponsor signs this form, but is unable to meet the financial requirements, another individual must also sign a separate form as a joint sponsor to meet the financial requirements. Each sponsor needs to submit taxes and W2’s if he or she is not using an IRS printout, or provide a reason for not filing taxes.

The principal immigrant is the intending immigrant who is the beneficiary of the immigrant visa petition. Family members are the principal immigrant’s spouse and minor children, who intend to travel with the principal immigrant or within six months of the principal immigrant’s arrival in the United States.

Household members are the spouse or other relatives who live in the sponsor’s residence, who are already supported by the sponsor, and/or who will contribute income to the financial sponsorship of the principal immigrant and his or her family members.

So in order to petition for and sponsor an immigrant to become a U.S. permanent resident to receive a green card, the U.S. citizen or permanent resident petitioner must show readiness and ability to support that person financially for a period of years. The idea is to help demonstrate to the U.S. government that the immigrant is not inadmissible as someone likely to become a public charge. It represents a legal contract between a sponsor or petitioner, a visa applicant, and the US government.

The affidavit represents the petitioner/sponsor’s promise to either support the immigrant financially or payback (reimburse) any government agencies from which the immigrant does claim financial assistance. It also shows the sponsor’s capacity to provide the promised support, by proving income and assets (if need be) that are at least 125% of the amount at which someone would be considered to be living in “poverty,” according to the U.S. government poverty guidelines.

A Form I-864 can also be used by someone who is not the petitioner. If the petitioner’s income is insufficient and there are no household members who can contribute, a separate sponsor (called a “joint sponsor”) from outside the household can fill in an additional affidavit of support on the immigrant’s behalf.

Uniting Families Immigration Services is here to make this process easier and assist you step by step with your visa application. We have a bilingual English and Spanish support team available to provide helpful answers and explanations to your questions and concerns. Immigration rules, laws, and fees are changing. We encourage you to start your Immigrant and Non-Immigrant visa application process today. Do not hesitate, contact us right now to make an appointment via email, skype, or WhatsApp for your first free consultation.