Instructions For Form I-864 - Affidavit Of Support Under Section 213a Of The Ina printable pdf download

Instructions for Affidavit of Support

USCIS

Under Section 213A of the INA

Form I-864

Department of Homeland Security

OMB No. 1615-0075

U.S. Citizenship and Immigration Services

Expires 07/31/2017

What is the Purpose of Form I-864

This affidavit is required for most family-based immigrants and some employment-based intending immigrants to show

that they have adequate means of financial support and are not likely to become a public charge.

How Is Form I-864 Used?

This affidavit is a contract between a sponsor and the U.S. Government. Completing and signing Form I-864 makes

you the sponsor. You must show on this affidavit that you have enough income and/or assets to maintain the intending

immigrant(s) and the rest of your household at 125 percent of the Federal Poverty Guidelines. By signing Form I-864,

you are agreeing to use your resources to support the intending immigrant(s) named in this affidavit, if it becomes

necessary.

The submission of this affidavit may make the sponsored immigrant ineligible for certain Federal, state, or local means-

tested public benefits, because an agency that provides means-tested public benefits will consider your resources and

assets as available to the sponsored immigrant when determining his or her eligibility for the program.

If the immigrant sponsored in this affidavit does receive one of the designated Federal, state or local means-tested public

benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you

if the cost of the benefits provided is not repaid.

Not all benefits are considered as means-tested public benefits. See Form I-864P, Poverty Guidelines, for more

information on which benefits are covered by this definition, or the contract in Part 8. Sponsor’s Contract, Statement,

Contact Information, Certification, and Signature of Form I-864 for a list of benefits explicitly not considered means-

tested public benefits.

Who Needs to Submit Form I-864?

The following immigrants are required by law to submit Form I-864 completed by the petitioner to obtain an immigrant

visa overseas or to adjust status to that of a lawful permanent resident in the United States:

1. All immediate relatives of U.S. citizens (spouses, unmarried children under 21 years of age, and parents of U.S.

citizens 21 years of age and older);

2. All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons

and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of

U.S. citizens 21 years of age and older); and

3. Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S.

national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or

more) in the entity that filed the petition.

Form I-864 Instructions 07/02/15 N

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Instructions For Form I-864 - Affidavit Of Support Under Section 213a Of The Ina