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Affidavit of Support Under Section 213A of the INA

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US · No statutory deadline; respond to USCIS or NVC request within the time the notice gives you (typically 60-87 days).

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    What is I-864?

    Form I-864 is a contract between you (the sponsor) and the U.S. government. By signing it, you promise to support the immigrant you are sponsoring at 125 percent of the Federal Poverty Guidelines (or 100 percent if you are active-duty military petitioning your spouse or child) until that person becomes a U.S. citizen, has worked 40 quarters under Social Security, leaves the U.S. permanently, or dies. The contract is enforceable in court by the immigrant and by any government agency that pays them means-tested public benefits (Medicaid, SNAP, TANF, SSI, etc.). I-864 is required for almost every family-based immigrant visa or adjustment of status (I-130 / I-485 path), most employment-based filings where a relative is the U.S. employer, and certain humanitarian categories. Because the affidavit is a binding contract with significant financial obligations, read the I-864 Instructions carefully and consider talking to a legal-aid clinic or an immigration attorney before signing.

    What happens if you miss the deadline: Failure to submit the I-864 by the deadline in a USCIS RFE or NVC notice causes the immigrant visa or adjustment case to be denied or administratively closed. The principal immigrant must usually start over with a new petition.

    How to file

    Filing fee
    I-864 has no separate USCIS filing fee. The cost is bundled into the underlying immigration case. For adjustment of status, the I-864 is filed with the I-485 (which has its own fee). For an immigrant visa case, the I-864 is sent to the National Visa Center (NVC), which charges a separate AOS fee currently $120 paid through the CEAC online portal.
    Filing method
    with I-485 packet (adjustment of status, mailed to USCIS lockbox), uploaded to NVC's CEAC online portal (immigrant visa cases)
    Filing deadline
    I-864 has no statutory deadline of its own; it is filed when the underlying I-485 is filed, or when NVC requests it for an immigrant visa case. Practical deadline is whatever USCIS or NVC says: USCIS RFE typically allows 87 days; NVC AOS request typically allows 60 days. Missing those windows results in case denial or administrative closure.
    How to serve
    Not applicable. The sponsor signs as a party to the contract; the immigrant gets a copy as the third-party beneficiary. There is no separate service step.
    Wet signature
    Yes, sign in pen after printing.
    Notarization
    No
    Original and copies
    Original to USCIS or upload to CEAC. Keep copies of the entire packet, including the signed affidavit, all attachments (most-recent tax return, recent pay stubs or employer letter, proof of U.S. citizenship / national / LPR status, proof of relationship for joint sponsors), and any I-864A from household member contributors.

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    Sponsor Basis
    blocker

    Part 1: basis for filing.

    • Joint sponsor (1.d) picked when actually a substitute sponsor (1.f) is needed; substitute is only when the original petitioner died.
    • 5%-owner (1.b) picked by an LLC owner with less than 5% interest. Must verify ownership.
    Petitioner Relationship
    blocker

    Part 1.a: relationship to immigrant when filing as petitioner.

    Five Percent Business
    blocker

    Part 1.b: business in which 5% ownership held.

    Five Percent Relationship
    blocker

    Part 1.b: relationship to the immigrant.

    Joint Sponsor Order
    blocker

    Part 1.e: first or second of two joint sponsors.

    Substitute Relationship
    blocker

    Part 1.f: substitute sponsor's relationship to immigrant.

    Sponsor Family Name
    blocker

    Part 2 item 1a: sponsor's family name.

    Sponsor Given Name
    blocker

    Part 2 item 1b: sponsor's given name.

    Sponsor Middle Name
    none

    Part 2 item 1c: sponsor's middle name.

    Sponsor In Care Of
    none

    Part 2 item 2: sponsor's in-care-of name.

    Sponsor Street
    blocker

    Part 2 item 2: sponsor's street.

    Sponsor Unit Type
    none

    Part 2 item 2: unit type.

    Sponsor Unit Number
    none

    Part 2 item 2: unit number.

    Sponsor City
    blocker

    Part 2 item 2: city.

    Sponsor State
    warning

    Part 2 item 2: state.

    Sponsor Zip
    warning

    Part 2 item 2: ZIP.

    Sponsor Province
    none

    Part 2 item 2: province.

    Sponsor Postal Code
    none

    Part 2 item 2: postal code.

    Sponsor Country
    warning

    Part 2 item 2: country.

    • Sponsor abroad must show domicile in U.S.; Country of Domicile field separately captures intent to re-establish.
    Sponsor Mail Same As Physical
    blocker

    Part 2 item 3: mailing same as physical?

    Sponsor Phys Street
    warning

    Part 2 item 4: sponsor's physical street.

    Sponsor Phys Unit Type
    none

    Part 2 item 4: physical unit type.

    Sponsor Phys Unit Number
    none

    Part 2 item 4: physical unit number.

    Sponsor Phys City
    warning

    Part 2 item 4: physical city.

    Sponsor Phys State
    warning

    Part 2 item 4: physical state.

    Sponsor Phys Zip
    warning

    Part 2 item 4: physical ZIP.

    Sponsor Phys Province
    none

    Part 2 item 4: physical province.

    Sponsor Phys Postal
    none

    Part 2 item 4: physical postal code.

    Sponsor Phys Country
    warning

    Part 2 item 4: physical country.

    Country Of Domicile
    blocker

    Part 2 item 5: country of domicile.

    • Sponsors living abroad must enter the country where they currently reside, then attach evidence they have re-established (or will re-establish) U.S. domicile before the immigrant visa is issued. Misstating this is a frequent RFE trigger.
    Sponsor Dob
    blocker

    Part 2 item 6: sponsor's DOB.

    • Sponsors must be 18 years old or older. Verify before filing.
    Sponsor City Birth
    blocker

    Part 2 item 7: sponsor's city of birth.

    Sponsor Country Birth
    blocker

    Part 2: sponsor's country of birth.

    Sponsor Ssn
    blocker

    Part 2 item 10: sponsor's U.S. Social Security Number.

    • Listing an ITIN instead of an SSN. Sponsorship by an ITIN holder is not allowed under section 213A; the sponsor must have an SSN.
    Sponsor Immigration Status
    blocker

    Part 2 item 11: U.S. citizen, national, or LPR.

    • Misclassifying as 'national' (rare; only American Samoa and Swain's Island).
    Sponsor Alien Number
    blocker

    Part 2 item 12: sponsor's A-Number.

    • LPR sponsor with no A-Number filled is the most common RFE; the A-Number is on the green card.
    Sponsor Uscis Acct
    none

    Part 2 item 13: sponsor's USCIS Online Account.

    Sponsor Active Military
    warning

    Part 2 item 14: sponsor on active duty military.

    • Picking yes triggers the 100% poverty rule (instead of 125%); USCIS verifies via DD-214 / military ID.
    Imm Family Name
    blocker

    Part 3 item 1a: principal immigrant's family name.

    Imm Given Name
    blocker

    Part 3 item 1b: given name.

    Imm Middle Name
    none

    Part 3 item 1c: middle name.

    Imm In Care Of
    none

    Part 3 item 2: principal immigrant's in-care-of.

    Imm Street
    blocker

    Part 3 item 2: principal immigrant's street.

    Imm Unit Type
    none

    Part 3 item 2: unit type.

    Imm Unit Number
    none

    Part 3 item 2: unit number.

    Imm City
    blocker

    Part 3 item 2: city.

    Imm State
    warning

    Part 3 item 2: state.

    Imm Zip
    warning

    Part 3 item 2: ZIP.

    Imm Province
    none

    Part 3 item 2: province.

    Imm Postal
    none

    Part 3 item 2: postal code.

    Imm Country Addr
    warning

    Part 3 item 2: country.

    Imm Country Citizenship
    blocker

    Part 3 item 3: principal immigrant's country of citizenship.

    Imm Dob
    blocker

    Part 3 item 4: principal immigrant's DOB.

    Imm Alien Number
    warning

    Part 3 item 5: A-Number.

    Imm Uscis Acct
    none

    Part 3 item 6: USCIS Online Account.

    Imm Phone
    none

    Part 3 item 7: principal immigrant's daytime phone.

    Sponsoring Principal
    blocker

    Part 4 item 1: sponsoring the principal immigrant?

    Sponsoring Family Timing
    warning

    Part 4 item 2 vs 3: family member timing.

    Fam1 Family Name
    warning

    Part 4 item 4a: family member 1 name.

    Fam1 Given Name
    warning

    Part 4 item 4b: family member 1 given name.

    Fam1 Middle Name
    none

    Part 4 item 4c: family member 1 middle.

    Fam1 Relationship
    warning

    Part 4 item 5: family member 1 relationship.

    Fam1 Dob
    warning

    Part 4 item 6: family member 1 DOB.

    Fam1 Alien Number
    none

    Part 4 item 7: family member 1 A-Number.

    Fam1 Uscis Acct
    none

    Part 4 item: family member 1 USCIS Online Account.

    Fam2 Family Name
    none

    Family member 2 name.

    Fam2 Given Name
    none

    Family member 2 given.

    Fam2 Middle Name
    none

    Family member 2 middle.

    Fam2 Relationship
    none

    Family member 2 relationship.

    Fam2 Dob
    none

    Family member 2 DOB.

    Fam2 Alien Number
    none

    Family member 2 A-Number.

    Fam2 Uscis Acct
    none

    Family member 2 USCIS Online Account.

    Fam3 Family Name
    none

    Family member 3 name.

    Fam3 Given Name
    none

    Family member 3 given.

    Fam3 Middle Name
    none

    Family member 3 middle.

    Fam3 Relationship
    none

    Family member 3 relationship.

    Fam3 Dob
    none

    Family member 3 DOB.

    Fam3 Alien Number
    none

    Family member 3 A-Number.

    Fam3 Uscis Acct
    none

    Family member 3 USCIS Online Account.

    Fam4 Family Name
    none

    Family member 4 name.

    Fam4 Given Name
    none

    Family member 4 given.

    Fam4 Middle Name
    none

    Family member 4 middle.

    Fam4 Relationship
    none

    Family member 4 relationship.

    Fam4 Dob
    none

    Family member 4 DOB.

    Fam4 Alien Number
    none

    Family member 4 A-Number.

    Fam4 Uscis Acct
    none

    Family member 4 USCIS Online Account.

    Hh Total Immigrants Sponsored
    blocker

    Part 5 item 1: total number of immigrants sponsored.

    • Counting principal twice (once here and once in items 2-7).
    Hh Yourself
    blocker

    Part 5 item 2: yourself (always 1).

    Hh Spouse
    blocker

    Part 5 item 3: spouse (1 if married, 0 otherwise).

    • Counting spouse twice when spouse is also the principal immigrant; should be 0 in that case.
    Hh Dependent Children
    blocker

    Part 5 item 4: dependent children NOT already counted.

    Hh Other Dependents
    blocker

    Part 5 item 5: other dependents.

    Hh Other Sponsored
    blocker

    Part 5 item 6: other I-864 sponsored persons still under obligation.

    • Forgetting prior sponsorships. The 213A obligation runs until the immigrant naturalizes, has 40 quarters, leaves U.S. permanently, or dies; many sponsors do not realize prior obligations are still active.
    Hh Same Residence
    blocker

    Part 5 item 7: same-residence relatives whose income is being used.

    Hh Total
    blocker

    Part 5 item 8: total household size.

    • Arithmetic errors are very common. The total must match the I-864P row used to compute the threshold.
    Emp Employed
    warning

    Part 6 item 1: I am employed checkbox.

    Emp Employer1
    warning

    Part 6 item 1a: employer 1 name.

    Emp Employer2
    none

    Part 6: employer 2 name.

    Emp Employer3
    none

    Part 6: employer 3 name.

    Emp Self Employed
    none

    Part 6 item 4: self-employed checkbox.

    Emp Self Employed As
    warning

    Part 6 item 4a: self-employment occupation.

    Emp Retired
    none

    Part 6 item 5: retired checkbox.

    Emp Retired Date
    warning

    Part 6 item 5a: retirement date.

    Emp Unemployed
    none

    Part 6 item 6: unemployed checkbox.

    Emp Unemployed Date
    warning

    Part 6 item 6a: unemployment start date.

    Emp Current Income
    blocker

    Part 6 item 7: sponsor's current annual individual income.

    • Underreporting current income because tax-return income from prior years was lower. Current income is what matters for qualifying.
    • Not converting hourly or biweekly pay to annual; USCIS expects an annualized figure.
    Hh Inc1 Name
    none

    Part 6 item 8: household income contributor 1 name.

    Hh Inc1 Relationship
    none

    Part 6: contributor 1 relationship.

    Hh Inc1 Income
    none

    Part 6: contributor 1 income.

    Hh Inc2 Name
    none

    Part 6: contributor 2 name.

    Hh Inc2 Relationship
    none

    Part 6: contributor 2 relationship.

    Hh Inc2 Income
    none

    Part 6: contributor 2 income.

    Hh Inc3 Name
    none

    Part 6: contributor 3 name.

    Hh Inc3 Relationship
    none

    Part 6: contributor 3 relationship.

    Hh Inc3 Income
    none

    Part 6: contributor 3 income.

    Hh Inc4 Name
    none

    Part 6: contributor 4 name.

    Hh Inc4 Relationship
    none

    Part 6: contributor 4 relationship.

    Hh Inc4 Income
    none

    Part 6: contributor 4 income.

    Hh Total Income
    warning

    Part 6 item 15: total annual household income.

    Hh Inc I864a Attached
    warning

    Part 6 item 16: I-864A attached for contributors.

    • Forgetting to attach I-864A from each household contributor; USCIS will RFE.
    Hh Inc Principal No 864a
    none

    Part 6 item 17: contributor exempt from I-864A (intending immigrant with no dependents).

    Hh Inc Principal No 864a Name
    warning

    Part 6 item 17: name of immigrant exempt from I-864A.

    Filed Three Years
    blocker

    Part 6 item 18a: filed federal tax return for each of last 3 years?

    • Misanswering yes when one of the last three years was missed. USCIS verifies through IRS transcripts.
    Tax Year Most Recent
    blocker

    Part 6 item 19a: most recent tax year.

    Tax Income Most Recent
    blocker

    Part 6 item 19a: most recent tax year total income (AGI).

    • Listing wages alone instead of total income (AGI). Use the AGI line on the federal return; the line number changes by year.
    Tax Year 2nd Recent
    info

    Part 6 item 19b: 2nd most recent tax year.

    Tax Income 2nd Recent
    info

    Part 6 item 19b: 2nd most recent year income.

    Tax Year 3rd Recent
    info

    Part 6 item 19c: 3rd most recent tax year.

    Tax Income 3rd Recent
    info

    Part 6 item 19c: 3rd most recent year income.

    Tax Below Filing Level
    none

    Part 6 item 17: not required to file (income below IRS threshold).

    • Checking this without attaching evidence. USCIS requires the IRS publication explaining the threshold and an explanation of the year(s).
    Asset Balance Accounts
    none

    Part 7 item 1: cash, savings, checking balances.

    Asset Real Estate
    none

    Part 7 item 2: net real estate.

    • Listing market value instead of net (market minus mortgage).
    Asset Stocks Bonds
    none

    Part 7 item 3: stocks, bonds, CDs, other.

    Asset Total Sponsor
    none

    Part 7 item 4: sponsor assets total.

    Asset Household Total
    none

    Part 7 item 5: household members' assets (from I-864A).

    Imm Asset Balance Accounts
    none

    Part 7 item 6: principal immigrant's cash, savings, checking.

    Imm Asset Real Estate
    none

    Part 7 item 7: principal immigrant's net real estate.

    Imm Asset Stocks
    none

    Part 7 item 8: principal immigrant's stocks, bonds, etc.

    Imm Asset Total
    none

    Part 7 item 9: principal immigrant's assets total.

    Asset Grand Total
    warning

    Part 7 item 10: grand total of all assets.

    • Asset total must equal at least 5x the gap between income and the I-864P threshold (3x for spouses or children of U.S. citizens, 1x for orphans being adopted in the U.S.).
    Applicant Statement
    blocker

    Part 8 item 1: sponsor's statement on language.

    Interpreter Language
    blocker

    Part 8 item 1.b: interpreter language.

    Preparer Used
    none

    Part 8 item 2: preparer checkbox.

    Preparer Name
    warning

    Part 8 item 2: preparer name.

    Sponsor Phone
    blocker

    Part 8 item 3: sponsor's daytime phone.

    Sponsor Mobile
    none

    Part 8 item 4: sponsor's mobile phone.

    Sponsor Email
    none

    Part 8 item 5: sponsor's email.

    Sponsor Signature
    blocker

    Part 8 item 9a: sponsor's signature.

    • E-signing or typing the signature only. USCIS requires wet ink on the printed form because this is a contract.
    Sponsor Signature Date
    blocker

    Part 8 item 9b: signature date.

    G28 Attached
    none

    Top of page 1: G-28 attached?

    Attorney Bar Number
    none

    Top of page 1: attorney state bar number.

    Attorney Uscis Acct
    none

    Top of page 1: attorney USCIS Online Account.

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