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Instructions for Request for Exemption for

Intending Immigrant’s Affidavit of Support

USCIS

Form I-864W

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-864W?

Form I-864, Affidavit of Support Under Section 213A of the INA, (or in certain cases, Form I-864 EZ, Affidavit of

Support Under Section 213A of the INA) is legally required for most family-based immigrants and some employment-

based immigrants to show that they have adequate means of financial support and are not likely to become a public

charge. Certain classes of immigrants are exempt from the Form I-864 or Form I-864EZ requirement and therefore must

file Form I-864W instead.

How Is Form I-864W Used?

You must use Form I-864W instead of Form I-864 or Form I-864EZ with your application for an immigrant visa or

adjustment of status if any of the following apply:

1. You have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA). If you

have 40 quarters of SSA coverage, you are exempt from the requirement to file Form I-864 or Form I-864EZ.

You can acquire 40 qualifying quarters in the following ways:

A. Working in the United States for 40 quarters in which you received the minimum income established by the Social

Security Administration;

B. By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act (INA) with quarters worked

by your spouse during the marriage or a parent during the time you were under 18 years of age; or

C. A combination of the above.

If you are claiming credit for quarters worked by a spouse or parent, you may not count any quarter in which your

spouse or parent was receiving means-tested public benefits. Include all SSA forms necessary to establish that you

have or can receive credit for 40 quarters of coverage.

2. The intending immigrant is a child who will become a U.S. citizen upon entry under section 320 of the

Immigration and Nationality Act (INA). Under section 320, some children become U.S. citizens immediately

upon admission to the United States or adjustment of status to that of a lawful permanent resident (LPR).

A child becomes a citizen under section 320 if :

A. At least one parent of the child is a U.S. citizen;

B. The child is under 18 years of age;

C. The child is residing in the United States in the legal and physical custody of the U.S. citizen parent after having

been lawfully admitted for permanent residence.

For this purpose, a child is “residing” with the parent in the United States if their principal actual home is at the same

address in the United States.

Section 320 applies to an adopted child if the child meets the requirements applicable to adopted children under

Section 101(b)(1)(E), (F) or (G) of the INA.

If the adopted child, after becoming an LPR, will be residing in the United States in the legal and physical custody of

the citizen parent, then a Form I-864W may be filed instead of a Form I-864 or Form I-864EZ if the child is classified:

Under section 101(b)(1)(E) of the INA on the basis of an approved Form I-130 ; OR

Form I-864 Instructions 07/02/15 N

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Instructions For Form I-864w - Request For Exemption For Intending Immigrant'S Affidavit Of Support

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