Instructions For Form I-864w - Request For Exemption For Intending Immigrant'S Affidavit Of Support Page 2

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Under section 101(b)(1(F) of the INA on the basis of an approved Form I-600, AND the child was adopted by the
petitioner (and spouse, if any) abroad AND at least one adoptive parent personally saw and observed the child
before or during the adoption proceeding; OR
Under section 101(b)(1)(G) of the INA on the basis of an approved Form I-800, if the child was adopted by the
petitioner (and spouse, if any) abroad.
A Form I-864 or Form I-864EZ is required, instead of a Form I-864W if the child is classified:
Under section 101(b)(1)(F) of the INA on the basis of an approved Form I-600, but the child will be adopted in
the United States (if the petitioner is married, this includes a child who will not be adopted by the spouse until
after the child’s admission to the United States); OR
Under section 101(b)(1)(G) of the INA on the basis of an approved Form I-800, but the child will be adopted in
the United States (if the petitioner is married, this includes a child who will not be adopted by the spouse until
after the child’s admission to the United States).
If a child classified under section 101(b)(1)(F) of the INA was adopted by the petitioner (and spouse, if any) abroad,
but neither adoptive parent personally saw and observed the child before or during the adoption proceeding, the child
will be considered to be coming to be adopted in the United States unless the adoptive parents establish that, under the
law of the State of residence, the foreign adoption will be recognized without the need for a “re-adoption” or similar
formal court proceeding.
3. You are filing for an immigrant visa as a self-petitioning widow(er). If you are filing as a self-petitioning
widow(er) using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, you are exempt from
the Form I-864 requirements if your Form I-360 is approved and you are applying for lawful permanent
residence.
4. You are filing for an immigrant visa as a self-petitioning battered spouse or child. If you are filing as a self-
petitioning battered spouse or child using Form I-360, you are exempt from the Form I-864 requirements if
your Form I-360 is approved and you are applying for lawful permanent residence.
General Instructions
USCIS provides forms free of charge through the USCIS Web site. In order to view, print, or fill out our forms, you
should use the latest version of Adobe Reader, which you can download for free at If you
do not have Internet access, you may call the USCIS National Customer Service Center at 1-800-375-5283 and ask that
we mail a form to you. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Signature. Each request must be properly signed and filed. For all signatures on this request, USCIS will not accept a
stamped or typewritten name in place of a signature. If you are under 14 years of age, your parent or legal guardian may
sign the request on your behalf. A legal guardian may also sign for a mentally incompetent person.
If you are under guardianship, your legal guardian may print your name and sign Form I-864W for you. “Legal guardian”
includes any person who is appointed and authorized by law to protect your estate as a result of your incapacity. The
legal guardian must present proof of the appointment as legal guardian of your estate and a copy of an order from the
appointing court or agency specifically permitting the guardian to make your income and assets available for the support
of the sponsored immigrant.
Filing Fee. There is no filing fee to file this request with USCIS. For information on processing fees when filing with the
Department of State, see
Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the What Evidence
Should You Submit section of these Instructions.
Form I-864W Instructions 07/02/15 N
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