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OMB No. 1615-0075; Expires 10/31/10

I-864W, Intending Immigrant's

Department of Homeland Security

Affidavit of Support Exemption

U.S. Citizenship and Immigration Services

Instructions

How Should I Complete This Form?

If you are claiming credit for quarters worked by a spouse or

parent, you may not count any quarter in which the spouse or

Print clearly or type your answers using CAPITAL letters.

parent was receiving means-tested public benefits. Include all

SSA forms necessary to establish that you have or can be

Use black or blue ink.

credited with 40 quarters of coverage.

If you need extra spact to answer any item:

(2)

Intending immigrant is a child who will become a U.S.

-- Attach a seperate sheet of paper (or more sheets if

citizen immediately upon entry under the Child

necessary); and

Citizenship Act of 2000 (CCA). Under the CCA, some

children become U.S. citizens immediately upon admission

-- Write your name, Social Security number and the

to the United States or adjustment of status to that of a

words "Form I-864W" on the top right corner of the

lawful permanent resident. For this classification to apply:

sheet; and write the number and subject of each

question for which you are providing additional

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

information.

What Is the Purpose of This Form?

The child is under 18 years of age at the time of

admission or adjustment of status;

The Form I-864 is legally required for many family-based

immigrants and some employment-based immigrants to show

The child is residing permanently in the United States in

that they have adequate means of financial support and that

the legal and physical custody of the U.S. parent; and

they are not likely to become a public charge. Certain classes

If the child is an alien orphan child adopted abroad, the

of immigrants are exempt from the I-864 requirement and

adoption was legally finalized prior to admission to the

therefore must file Form I-864W instead of Form I-864 or

United States and both adoptive parents or the unmarried

Form I-864EZ. For more information abut Forms I-864,

U.S. citizen parent personally observed the alien orphan

I-864EZ, or I-864W, or to obtain related forms please contact:

before or during the adoption proceeding.

The USCIS Website ( );

If the citizen parent(s) adopted the alien orphan abroad,

The National Customer Service Center (NCSC) telephone

but at least one of the adoptive parents or the unmarried

line at 1-800-375-5283 TTY: (1-800-767-1833); or

parent did not see and observe the alien orphan before or

during the foreign adoption proceeding, then an affidavit

Your local USCIS office by using InfoPass.

of support under this part is still required unless the

citizen parent submits evidence that, under the law of the

How Is This Form Used?

state of the alien orphan's intended residence in the

You must use this form instead of Form I-864 with your

United States, the foreign adoption decree is entitled to

application for an immigrant visa or adjustment of status if

recognition without the need for a formal administrative

any of the following apply:

or judicial proceeding in the State of proposed residence.

Orphans whose adoptions are not legally finalized until

(1) You have earned (or can be credited with) 40 quarters

after admission to the United States will not qualify for

of coverage under the Social Security Act (SSA). If you

this exemption and must file a Form I-864.

have 40 quarters or SSA coverage, you are exempt from

the requirement to file Form I-864. You can acquire 40

(3)

You are filing for an immigrant visa as a self-

qualifying quarters in the following ways:

petitioning widow(er). If you are filing as a self-

Working in the United States for 40 quarters in which

petitioning widow(er) using Form I-360, you are exempt

you received the minimum income established by the

from the Affidavit of Support requirements if your Form

Social Security Administration; or

I-360 is approved and you are applying for lawful

permanent residence.

By being credited under section 213(a)(3)(B) of the

Immigration and Nationality Act with quarters worked

(4)

You are filing for an immigrant visa as a self-petitioning

by your spouse during the marriage or a parent during

battered spouse or child. If you are filing as a self-

the time you were under 18 years of age; or

petitioning battered spouse or child using

Form I-360, you are exempt from the Affidavit of Support

A combination of the above.

requirements if your Form I-360 is approved and you are

applying for lawful permanent residence.

Form I-864W (10/18/07)Y

Form I-864w - Intending Immigrant'S Affidavit Of Support Exemption And Instrtuctions

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