Affidavit of Support Under Section 213A of the INA
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File I-864 with Ezel
Fill I-864 with Ezel
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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.
Don't memorize the rules. Ezel walks you through I-864 field by field, flags what the AI review treats as a blocker, and renders a court-ready PDF.
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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.
Part 1.a: relationship to immigrant when filing as petitioner.
Part 1.b: business in which 5% ownership held.
Part 1.b: relationship to the immigrant.
Part 1.e: first or second of two joint sponsors.
Part 1.f: substitute sponsor's relationship to immigrant.
Part 2 item 1a: sponsor's family name.
Part 2 item 1b: sponsor's given name.
Part 2 item 1c: sponsor's middle name.
Part 2 item 2: sponsor's in-care-of name.
Part 2 item 2: sponsor's street.
Part 2 item 2: unit type.
Part 2 item 2: unit number.
Part 2 item 2: city.
Part 2 item 2: state.
Part 2 item 2: ZIP.
Part 2 item 2: province.
Part 2 item 2: postal code.
Part 2 item 2: country.
- Sponsor abroad must show domicile in U.S.; Country of Domicile field separately captures intent to re-establish.
Part 2 item 3: mailing same as physical?
Part 2 item 4: sponsor's physical street.
Part 2 item 4: physical unit type.
Part 2 item 4: physical unit number.
Part 2 item 4: physical city.
Part 2 item 4: physical state.
Part 2 item 4: physical ZIP.
Part 2 item 4: physical province.
Part 2 item 4: physical postal code.
Part 2 item 4: physical country.
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.
Part 2 item 6: sponsor's DOB.
- Sponsors must be 18 years old or older. Verify before filing.
Part 2 item 7: sponsor's city of birth.
Part 2: sponsor's country of birth.
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.
Part 2 item 11: U.S. citizen, national, or LPR.
- Misclassifying as 'national' (rare; only American Samoa and Swain's Island).
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.
Part 2 item 13: sponsor's USCIS Online Account.
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.
Part 3 item 1a: principal immigrant's family name.
Part 3 item 1b: given name.
Part 3 item 1c: middle name.
Part 3 item 2: principal immigrant's in-care-of.
Part 3 item 2: principal immigrant's street.
Part 3 item 2: unit type.
Part 3 item 2: unit number.
Part 3 item 2: city.
Part 3 item 2: state.
Part 3 item 2: ZIP.
Part 3 item 2: province.
Part 3 item 2: postal code.
Part 3 item 2: country.
Part 3 item 3: principal immigrant's country of citizenship.
Part 3 item 4: principal immigrant's DOB.
Part 3 item 5: A-Number.
Part 3 item 6: USCIS Online Account.
Part 3 item 7: principal immigrant's daytime phone.
Part 4 item 1: sponsoring the principal immigrant?
Part 4 item 2 vs 3: family member timing.
Part 4 item 4a: family member 1 name.
Part 4 item 4b: family member 1 given name.
Part 4 item 4c: family member 1 middle.
Part 4 item 5: family member 1 relationship.
Part 4 item 6: family member 1 DOB.
Part 4 item 7: family member 1 A-Number.
Part 4 item: family member 1 USCIS Online Account.
Family member 2 name.
Family member 2 given.
Family member 2 middle.
Family member 2 relationship.
Family member 2 DOB.
Family member 2 A-Number.
Family member 2 USCIS Online Account.
Family member 3 name.
Family member 3 given.
Family member 3 middle.
Family member 3 relationship.
Family member 3 DOB.
Family member 3 A-Number.
Family member 3 USCIS Online Account.
Family member 4 name.
Family member 4 given.
Family member 4 middle.
Family member 4 relationship.
Family member 4 DOB.
Family member 4 A-Number.
Family member 4 USCIS Online Account.
Part 5 item 1: total number of immigrants sponsored.
- Counting principal twice (once here and once in items 2-7).
Part 5 item 2: yourself (always 1).
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.
Part 5 item 4: dependent children NOT already counted.
Part 5 item 5: other dependents.
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.
Part 5 item 7: same-residence relatives whose income is being used.
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.
Part 6 item 1: I am employed checkbox.
Part 6 item 1a: employer 1 name.
Part 6: employer 2 name.
Part 6: employer 3 name.
Part 6 item 4: self-employed checkbox.
Part 6 item 4a: self-employment occupation.
Part 6 item 5: retired checkbox.
Part 6 item 5a: retirement date.
Part 6 item 6: unemployed checkbox.
Part 6 item 6a: unemployment start date.
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.
Part 6 item 8: household income contributor 1 name.
Part 6: contributor 1 relationship.
Part 6: contributor 1 income.
Part 6: contributor 2 name.
Part 6: contributor 2 relationship.
Part 6: contributor 2 income.
Part 6: contributor 3 name.
Part 6: contributor 3 relationship.
Part 6: contributor 3 income.
Part 6: contributor 4 name.
Part 6: contributor 4 relationship.
Part 6: contributor 4 income.
Part 6 item 15: total annual household income.
Part 6 item 16: I-864A attached for contributors.
- Forgetting to attach I-864A from each household contributor; USCIS will RFE.
Part 6 item 17: contributor exempt from I-864A (intending immigrant with no dependents).
Part 6 item 17: name of immigrant exempt from I-864A.
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.
Part 6 item 19a: most recent tax year.
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.
Part 6 item 19b: 2nd most recent tax year.
Part 6 item 19b: 2nd most recent year income.
Part 6 item 19c: 3rd most recent tax year.
Part 6 item 19c: 3rd most recent year income.
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).
Part 7 item 1: cash, savings, checking balances.
Part 7 item 2: net real estate.
- Listing market value instead of net (market minus mortgage).
Part 7 item 3: stocks, bonds, CDs, other.
Part 7 item 4: sponsor assets total.
Part 7 item 5: household members' assets (from I-864A).
Part 7 item 6: principal immigrant's cash, savings, checking.
Part 7 item 7: principal immigrant's net real estate.
Part 7 item 8: principal immigrant's stocks, bonds, etc.
Part 7 item 9: principal immigrant's assets total.
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.).
Part 8 item 1: sponsor's statement on language.
Part 8 item 1.b: interpreter language.
Part 8 item 2: preparer checkbox.
Part 8 item 2: preparer name.
Part 8 item 3: sponsor's daytime phone.
Part 8 item 4: sponsor's mobile phone.
Part 8 item 5: sponsor's email.
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.
Part 8 item 9b: signature date.
Top of page 1: G-28 attached?
Top of page 1: attorney state bar number.
Top of page 1: attorney USCIS Online Account.
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