I-864 Affidavit of Support Under Section 213A of the INA

FORM I-864 — AFFIDAVIT OF SUPPORT UNDER SECTION 213A OF THE INA

Filing Cover Letter, Evidence Checklist, Financial Worksheet, and Practice Guide

SECTION 1: OVERVIEW AND LEGAL FRAMEWORK

1.1 Purpose of Form I-864

Form I-864, Affidavit of Support Under Section 213A of the Immigration and Nationality Act, is a legally binding contract between the sponsor and the United States Government. The sponsor agrees to maintain the intending immigrant at an annual income of not less than 125% of the Federal Poverty Guidelines (FPG) for the applicable household size. This affidavit is required for most family-based immigrant visa applicants and certain employment-based cases where a relative filed the petition or has a significant ownership interest in the petitioning entity.

1.2 Legally Enforceable Contract

The I-864 is not merely a form — it is an enforceable contract.

Under INA § 213A(a)(1), the sponsor's obligation is enforceable by:

• The sponsored immigrant, who may bring a civil action in federal or state court to compel support
• Federal, state, or local government agencies that provide means-tested public benefits, which may seek reimbursement from the sponsor
• The support obligation is joint and several when there are multiple sponsors (e.g., joint sponsor, household member)

1.3 Duration of the Support Obligation

The sponsor's obligation under the I-864 continues until the earliest of:

☐ The sponsored immigrant becomes a U.S. Citizen through naturalization
☐ The sponsored immigrant is credited with 40 qualifying quarters of work under Title II of the Social Security Act (approximately 10 years)
☐ The sponsored immigrant permanently departs the United States
☐ The sponsored immigrant dies
☐ The sponsor dies

Critical Warning: The I-864 obligation is NOT terminated by divorce, separation, job loss, the sponsor's financial hardship, or any change in the relationship between the sponsor and sponsored immigrant. Courts have consistently enforced I-864 obligations in divorce proceedings.

1.4 When Form I-864 Is Required

☐ Family-based immigrant visa applications (I-485 adjustment of status or consular processing)
☐ Employment-based cases where a relative filed the immigrant visa petition
☐ Employment-based cases where a relative has a 5% or more ownership interest in the petitioning entity
☐ Diversity Visa (DV) lottery winners sponsored by a family member (in certain circumstances)

1.5 When Form I-864 Is NOT Required

☐ Self-petitioning VAWA applicants (battered spouse/child)
☐ Certain special immigrants (SIJ, religious workers where no relative filed)
☐ Refugees and asylees adjusting status
☐ Registry applicants (INA § 249)
☐ Cancellation of removal recipients
☐ Certain employment-based applicants with no family relationship to the petitioner

1.6 Statutory and Regulatory Citations

• INA § 213A (8 U.S.C. § 1183a): Affidavit of support requirements
• INA § 212(a)(4) (8 U.S.C. § 1182(a)(4)): Public charge inadmissibility ground
• 8 C.F.R. § 213a.2: Use of the affidavit of support
• 8 C.F.R. § 213a.1: Definitions
• 8 C.F.R. § 213a.4: Actions for reimbursement, public notice, and discharge
• USCIS Policy Manual, Volume 8, Part G: Affidavit of Support guidance

SECTION 2: SPONSOR INFORMATION AND ELIGIBILITY

2.1 Sponsor (Petitioner) Information

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

Social Security Number: [________________________________]

A-Number (if any): A-[________________________________]

Immigration/Citizenship Status:
☐ U.S. Citizen (by birth)
☐ U.S. Citizen (by naturalization — Certificate No. [________________________________])
☐ Lawful Permanent Resident (Green Card No. [________________________________])

Current Address (U.S. Domicile):
[________________________________]
[________________________________]
[________________________________]

Telephone: [________________________________]

Email: [________________________________]

2.2 Sponsor Eligibility Requirements

The sponsor must satisfy ALL of the following:

☐ Filed the underlying immigrant visa petition (Form I-130, I-140 with family relationship, etc.) — OR — is substituting as a sponsor under 8 C.F.R. § 213a.2(c)
☐ Is a U.S. Citizen or Lawful Permanent Resident
☐ Is at least 18 years of age
☐ Is domiciled in the United States (or a U.S. territory/possession)
☐ Has income and/or assets meeting 125% of FPG (or 100% if active-duty military sponsoring spouse or child)

2.3 Domicile Requirement

The sponsor must be domiciled in the United States. Domicile means the place where the sponsor maintains their principal residence with the intent to maintain it for the foreseeable future.

If the Sponsor is living abroad, they must demonstrate intent to reestablish U.S. domicile:
☐ U.S. job offer letter or transfer confirmation
☐ Signed lease or purchase agreement for U.S. housing
☐ Evidence of return airline tickets
☐ Storage of personal belongings in the U.S.
☐ Maintenance of U.S. bank accounts, investments, or property
☐ U.S. voter registration (if U.S. citizen)
☐ Continued U.S. tax filing obligations
☐ Affidavit explaining intent to re-establish domicile
☐ Other evidence of U.S. ties: [________________________________]

SECTION 3: BENEFICIARY AND HOUSEHOLD SIZE

3.1 Intending Immigrant (Beneficiary) Information

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

A-Number: A-[________________________________]

Country of Birth: [________________________________]

Country of Citizenship: [________________________________]

Relationship to Sponsor: [________________________________]

Petition Type: ☐ I-130 / ☐ I-140 / ☐ Other: [________________________________]

Receipt Number: [________________________________]

Filing Context:
☐ Adjustment of Status (I-485) filed concurrently or pending
☐ Consular Processing at [________________________________] (Embassy/Consulate)

3.2 Accompanying Family Members (Derivatives)

3.3 Household Size Calculation

Household size includes ALL of the following:

SECTION 4: INCOME AND FINANCIAL ANALYSIS

4.1 Federal Poverty Guidelines — 125% Threshold

2026 Federal Poverty Guidelines (48 Contiguous States and D.C.):

*Active-duty military exception applies only when sponsoring spouse or minor child.

Alaska Poverty Guidelines at 125%:

Hawaii Poverty Guidelines at 125%:

Note: USCIS typically adopts the new HHS guidelines in the first quarter of each year. Always verify the current amounts at www.uscis.gov/i-864p before filing.

4.2 Applicable Threshold for This Case

Household Size: [____]

Location:
☐ 48 Contiguous States / D.C. / Territories
☐ Alaska
☐ Hawaii

Applicable Threshold:
☐ 125% of FPG = $[________________________________] (standard)
☐ 100% of FPG = $[________________________________] (active-duty military sponsoring spouse/child)

4.3 Sponsor's Income

Employment Details (Current):
Employer: [________________________________]
Position/Title: [________________________________]
Start Date: [__/__/____]
Annual Salary/Wage: $[________________________________]
Full-Time ☐ / Part-Time ☐ — Hours per week: [____]

Self-Employment Details (If Applicable):
Business Name: [________________________________]
Type of Business: [________________________________]
Years in Operation: [____]
Annual Net Self-Employment Income: $[________________________________]

4.4 Three-Year Income History

Include income from the most recent three federal tax years. USCIS may use this to evaluate income trends.

4.5 Household Member Income (If Using I-864A)

4.6 Combined Income Summary

Income Meets Threshold?
☐ Yes — proceed with filing
☐ No — use assets to supplement (see Section 4.7) or add Joint Sponsor (see Section 5)

4.7 Asset Supplement (If Income Is Insufficient)

Assets may be used to cover an income shortfall. The net value of qualifying assets must equal or exceed the shortfall multiplied by the applicable multiplier.

Asset Multiplier Rules:

Asset Shortfall Calculation:

Qualifying Assets:

Do total net assets meet or exceed the required net asset value?
☐ Yes — proceed with filing
☐ No — a Joint Sponsor is required (see Section 5)

Important Notes on Assets:
- Assets must be readily convertible to cash within one year
- Include evidence of ownership, current value, and any liens or encumbrances
- The intending immigrant's assets may also be counted if they are available in the United States
- Retirement accounts may be counted but note penalties for early withdrawal
- Primary residence equity may be counted but mortgage balance must be deducted

SECTION 5: JOINT SPONSOR (If Applicable)

5.1 When a Joint Sponsor Is Needed

A Joint Sponsor is needed when the Sponsor (and any household members contributing via I-864A) cannot meet the income/asset threshold independently. The Joint Sponsor files a separate Form I-864.

5.2 Joint Sponsor Requirements

☐ Must be a U.S. Citizen or Lawful Permanent Resident
☐ Must be at least 18 years of age
☐ Must be domiciled in the United States
☐ Must independently meet 125% FPG for their own household size (including the sponsored immigrant)
☐ Does NOT need to be related to the Sponsor or the Beneficiary
☐ Cannot combine income with the original Sponsor

5.3 Joint Sponsor Information

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

Social Security Number: [________________________________]

Immigration Status: ☐ U.S. Citizen / ☐ LPR

Address: [________________________________]

Annual Income: $[________________________________]

Joint Sponsor's Household Size (including sponsored immigrant): [____]

Required Threshold (125% FPG for Joint Sponsor's household size): $[________________________________]

Meets threshold independently? ☐ Yes / ☐ No (if no, Joint Sponsor may also use assets or an I-864A household member)

5.4 Joint Sponsor's Documentation

The Joint Sponsor must submit a complete and separate I-864 with all supporting evidence, including:
☐ Form I-864 (signed by Joint Sponsor)
☐ Proof of U.S. citizenship or LPR status
☐ Proof of U.S. domicile
☐ Employment verification letter
☐ Pay stubs (most recent 2-3 months)
☐ IRS tax return transcripts (most recent 1-3 years)
☐ W-2 / 1099 forms
☐ Asset documentation (if using assets)
☐ Form I-864A (if Joint Sponsor is using a household member)

SECTION 6: COVER LETTER

[__/__/____]

VIA [☐ USPS CERTIFIED MAIL / ☐ FEDEX / ☐ UPS / ☐ INCLUDED IN I-485 PACKET / ☐ NVC SUBMISSION]

[________________________________]
[USCIS Lockbox / NVC / Consulate Address]
[________________________________]
[________________________________]

Re: Form I-864, Affidavit of Support Under Section 213A of the INA
Sponsor/Petitioner: [________________________________], A# [________________________________]
Beneficiary/Intending Immigrant: [________________________________], A# [________________________________]
Underlying Petition: Form [____], Receipt No. [________________________________]
Filing Context: ☐ Concurrent with I-485 / ☐ Standalone Submission / ☐ NVC / ☐ Consular Interview

Dear Sir or Madam:

I respectfully submit the enclosed Form I-864, Affidavit of Support Under Section 213A of the INA, in support of the immigrant visa application / adjustment of status of [________________________________] ("Beneficiary/Intending Immigrant"), who is my [________________________________] (relationship). The underlying immigrant visa petition, Form [________________________________], was filed on [__/__/____] and received Receipt Number [________________________________].

Sponsor Eligibility

I am a [☐ U.S. Citizen / ☐ Lawful Permanent Resident] domiciled in the United States at [________________________________]. I am the petitioner who filed the underlying immigrant visa petition on behalf of the Beneficiary.

[If active-duty military:]
I am currently on active duty in the United States [☐ Armed Forces / ☐ Coast Guard] and am sponsoring my [☐ spouse / ☐ minor child]. Accordingly, the applicable income threshold is 100% of the Federal Poverty Guidelines pursuant to INA § 213A(a)(1)(A) and 8 C.F.R. § 213a.2.

Household Size and Financial Summary

My household size for purposes of this affidavit is [____] persons, consisting of:

• Myself (Sponsor)
• [________________________________] (list dependents and immigrants)

My current annual income is $[________________________________] from [________________________________] (source). [If household member income is included:] Combined with household member income of $[________________________________], the total household income is $[________________________________].

This income [☐ meets / ☐ exceeds] the applicable threshold of $[________________________________] ([☐ 125% / ☐ 100%] of the Federal Poverty Guidelines for a household of [____]).

[If assets are used:]
To supplement my income, I am providing evidence of net qualifying assets totaling $[________________________________], which exceeds the required asset value of $[________________________________] ([____]x the income shortfall of $[________________________________]).

[If Joint Sponsor is included:]
A Joint Sponsor, [________________________________], has also executed a separate Form I-864 with complete supporting documentation. The Joint Sponsor independently meets the 125% FPG threshold for [his/her] household size.

Enclosed Documentation

All supporting evidence is organized by exhibit tab as detailed in the attached evidence checklist. I respectfully submit that this affidavit and supporting documentation satisfy all requirements under INA § 213A and 8 C.F.R. § 213a.

Please direct all correspondence to the undersigned.

Respectfully submitted,

________________________________________
[________________________________]
[Attorney Name, Esq. / Sponsor Name, if pro se]
[________________________________] (Firm Name, if applicable)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
Telephone: [________________________________]
Email: [________________________________]

SECTION 7: EVIDENCE CHECKLIST

Instructions: Check each item included. Organize documents behind labeled exhibit tabs. All foreign-language documents must be accompanied by certified English translations per 8 C.F.R. § 103.2(b)(3).

TAB 1 — FORMS AND ADMINISTRATIVE DOCUMENTS

☐ Form I-864, Affidavit of Support (signed in ink by Sponsor — original signature required)
☐ Cover letter (this document)
☐ Form G-28, Notice of Entry of Appearance as Attorney (if represented)
☐ Form G-1145, E-Notification of Application/Petition Acceptance (if desired)
☐ Copy of I-797, Notice of Action / Approval Notice for the underlying petition
☐ Barcode page (if provided by NVC)

TAB 2 — SPONSOR'S PROOF OF U.S. CITIZENSHIP OR LPR STATUS

☐ Copy of U.S. passport (biographical page)
☐ Copy of U.S. birth certificate
☐ Copy of Certificate of Naturalization (N-550 or N-570)
☐ Copy of Certificate of Citizenship (N-560 or N-561)
☐ Copy of Permanent Resident Card (front and back) — if LPR
☐ Copy of FS-240, Consular Report of Birth Abroad
☐ Active-duty military ID and orders (if claiming 100% FPG threshold)

TAB 3 — PROOF OF U.S. DOMICILE

☐ Current lease or rental agreement at U.S. address
☐ Mortgage statement or property deed for U.S. residence
☐ Utility bills (electric, gas, water, internet) at U.S. address (most recent 2-3 months)
☐ U.S. driver's license or state-issued ID
☐ U.S. vehicle registration
☐ U.S. bank account statements showing U.S. address
☐ U.S. pay stubs showing U.S. employer and address
☐ U.S. voter registration card (if U.S. citizen)

If Sponsor is currently abroad — evidence of intent to re-establish U.S. domicile:
☐ U.S. job offer letter or transfer confirmation
☐ Signed lease or purchase agreement for U.S. housing
☐ Return airline tickets or travel itinerary
☐ Storage facility records for personal belongings in U.S.
☐ Affidavit stating intent to re-establish domicile upon Beneficiary's entry
☐ Employer letter confirming upcoming U.S. assignment
☐ Evidence of maintained U.S. ties (property, bank accounts, tax filings)

TAB 4 — EMPLOYMENT AND INCOME VERIFICATION

☐ Employment verification letter on company letterhead (position, start date, salary, full-time/part-time — dated within 30 days of filing)
☐ Recent pay stubs (most recent 3 months / 6-12 pay stubs)
☐ W-2 forms for most recent tax year
☐ 1099 forms for most recent tax year (if applicable)

Self-Employed Sponsors — additional documentation:
☐ Business license or registration
☐ Year-to-date profit and loss statement
☐ Year-to-date balance sheet
☐ Schedule C, Schedule K-1, or Schedule E from most recent tax return
☐ 1099-NEC or 1099-MISC forms received
☐ CPA or accountant letter confirming business income (if available)
☐ Business bank statements (most recent 3-6 months)

TAB 5 — TAX DOCUMENTATION

IRS Tax Return Transcripts are strongly preferred over copies of filed returns.

☐ IRS tax return transcript — most recent tax year (REQUIRED)
☐ IRS tax return transcript — second most recent tax year (recommended; required if income varies)
☐ IRS tax return transcript — third most recent tax year (recommended)
☐ Complete federal tax return with all schedules (if transcript unavailable)
☐ State tax return (if requested)

How to obtain IRS transcripts:

• Online: www.irs.gov/individuals/get-transcript
• By mail: Submit IRS Form 4506-T (allow 5-10 business days)
• By phone: 1-800-908-9946

If Sponsor did not file taxes for any year:
☐ IRS Verification of Non-Filing Letter for each non-filing year
☐ Written explanation for non-filing (e.g., income below filing threshold, overseas filing deadline, etc.)

TAB 6 — ASSET DOCUMENTATION (If Using Assets to Supplement Income)

☐ Bank statements — savings accounts (most recent 12 months recommended)
☐ Bank statements — checking accounts (most recent 3-6 months)
☐ Brokerage/investment account statements (most recent 3-6 months)
☐ Certificates of deposit (CD) statements showing maturity dates
☐ Real property:
☐ Property deed or title
☐ Current appraisal or county tax assessment showing fair market value
☐ Mortgage statement showing outstanding balance
☐ Homeowner's insurance declaration page
☐ Vehicle title(s) and current fair market valuation (KBB or NADA guide)
☐ Retirement account statements (IRA, 401(k), 403(b)):
☐ Current balance
☐ Note regarding any early withdrawal penalties
☐ Life insurance policy with cash surrender value statement
☐ Other assets: [________________________________]
☐ Documentation of ALL liens, encumbrances, and debts against listed assets

TAB 7 — HOUSEHOLD MEMBER DOCUMENTATION (If Using I-864A)

☐ Form I-864A (signed by BOTH Sponsor and Household Member)
☐ Household Member's proof of status (passport, green card, EAD, SSN card)
☐ Proof of co-residence (joint lease, utility bills, matching addresses on IDs)
☐ Household Member's employment verification letter
☐ Household Member's pay stubs (most recent 2-3 months)
☐ Household Member's IRS tax return transcripts (most recent 1-3 years)
☐ Household Member's W-2 / 1099 forms
☐ Household Member's asset documentation (if applicable)
☐ Evidence of relationship between Sponsor and Household Member (marriage cert, birth cert)

TAB 8 — JOINT SPONSOR DOCUMENTATION (If Applicable)

☐ Joint Sponsor's separate Form I-864 (signed)
☐ Joint Sponsor's proof of U.S. citizenship or LPR status
☐ Joint Sponsor's proof of U.S. domicile
☐ Joint Sponsor's employment verification letter
☐ Joint Sponsor's pay stubs
☐ Joint Sponsor's IRS tax return transcripts (most recent 1-3 years)
☐ Joint Sponsor's W-2 / 1099 forms
☐ Joint Sponsor's asset documentation (if applicable)
☐ Joint Sponsor's I-864A and household member documentation (if applicable)

TAB 9 — FINANCIAL CALCULATION WORKSHEETS

☐ Completed Income Summary Worksheet (Section 4.6 above)
☐ Completed Asset Supplement Calculation (Section 4.7 above, if applicable)
☐ Copy of applicable 2026 Federal Poverty Guidelines (I-864P) with relevant household size highlighted
☐ Joint Sponsor income calculation (if applicable)

TAB 10 — ADDITIONAL SUPPORTING DOCUMENTS

☐ Copy of the underlying immigrant visa petition (I-130 or I-140 approval)
☐ Certified English translations of all foreign-language documents
☐ Beneficiary's passport (biographical page)
☐ Additional evidence: [________________________________]
☐ Additional evidence: [________________________________]

SECTION 8: FILING INFORMATION

8.1 Filing Fee

There is no separate USCIS filing fee for Form I-864 when filed with an I-485 (Adjustment of Status) application.

For Consular Processing: The Department of State charges an Immigrant Visa Application Processing Fee (currently $120 for the I-864 review as part of the IV processing fee at the NVC/consulate). Verify the current fee at travel.state.gov.

8.2 Where to File

With I-485 (Adjustment of Status):
File Form I-864 as part of the I-485 packet at the designated USCIS Lockbox address for your state. See www.uscis.gov for the current direct filing addresses.

Consular Processing (NVC):
Submit Form I-864 and supporting financial documents to the National Visa Center (NVC) when instructed, typically after the NVC assigns a case number and requests documentation.

National Visa Center
32 Rochester Avenue
Portsmouth, NH 03801-2909

Upload documents online through the CEAC portal at ceac.state.gov when prompted by NVC.

At the Consular Interview:
Bring original Form I-864 and updated financial documents (pay stubs, employer letter, bank statements) to the immigrant visa interview.

8.3 Payment Methods

For any associated filing fees:
☐ Form G-1450, Authorization for Credit Card Transactions
☐ Form G-1650, Authorization for ACH Transactions
☐ Check or money order (verify USCIS still accepts — being phased out for paper filings)

Note: USCIS is transitioning away from check and money order payments. As of 2026, credit/debit card (G-1450) or ACH (G-1650) are preferred.

SECTION 9: COMMON PITFALLS AND PRACTITIONER TIPS

9.1 Frequent Errors to Avoid

☐ Missing original signature — Form I-864 must bear the sponsor's original "wet" signature in ink. Photocopied, stamped, or electronic signatures are not accepted for paper filings.
☐ Incorrect household size — This is the most common error. Include ALL persons listed in Section 3.3, not just family members living in the household.
☐ Using the wrong form — Use I-864 for immigrant visas; use I-134 for nonimmigrant/K visas/parole. Use I-864EZ only if eligible (no household members, sponsoring only one immigrant, income from salary/pension only).
☐ Outdated poverty guidelines — Always use the most current I-864P. USCIS updates the poverty guidelines annually, typically effective March 1.
☐ Tax transcripts missing — USCIS strongly prefers IRS-issued transcripts. Copies of tax returns are less persuasive and may trigger RFEs.
☐ Stale financial documents — Pay stubs, employer letters, and bank statements should be dated within 30-60 days of filing.
☐ Failing to explain income fluctuations — If income decreased from prior years, include a written explanation.
☐ Wrong asset multiplier — 3x for USC sponsoring spouse/child; 5x for all other categories. A common error is applying 3x when the 5x multiplier is required.
☐ Joint Sponsor combining income with Sponsor — A Joint Sponsor must independently meet the income threshold. The Joint Sponsor's income cannot be combined with the Sponsor's.
☐ Missing I-864A for household members — If counting household member income, a separate I-864A must be filed with supporting documentation.

9.2 Practitioner Tips

1. Self-Employed Sponsors: USCIS scrutinizes self-employment income closely. Provide the full federal tax return with all schedules (especially Schedule C or K-1), a year-to-date profit and loss statement, a balance sheet, and a CPA letter if possible. If the net self-employment income after deductions is low, explain large deductions (depreciation, home office, etc.) that reduce reportable income but do not reduce actual cash flow.

2. Sponsor Abroad — Domicile Issues: If the sponsor is living abroad, domicile re-establishment is critical. Provide a detailed plan with concrete evidence (job offer, housing arrangements, return tickets). A bare affidavit of intent without supporting documentation is usually insufficient. Consider whether the sponsor should return to the U.S. before filing to strengthen the domicile argument.

3. I-864 Enforcement in Divorce: Advise sponsors that the I-864 obligation survives divorce and has been enforced in numerous federal and state court decisions. The sponsored immigrant may sue the sponsor for support at the 125% FPG level. This is not merely theoretical — courts routinely award judgments. See, e.g., Erler v. Erler, 824 F.3d 1173 (9th Cir. 2016); Shumye v. Felleke, 555 F. Supp. 2d 1020 (N.D. Cal. 2008).

4. Substitute Sponsors: If the petitioner dies after the visa petition is approved but before the immigrant obtains LPR status, a "substitute sponsor" may file the I-864. The substitute sponsor must be related to the immigrant as a spouse, parent, parent-in-law, sibling, child (18+), son/daughter-in-law, sister/brother-in-law, uncle/aunt, grandparent, or legal guardian. See 8 C.F.R. § 213a.2(c).

5. Means-Tested Benefits Implications: The I-864 sponsor should understand that if the sponsored immigrant receives means-tested public benefits (SSI, TANF, Medicaid, SNAP, CHIP, etc.), the agency can seek reimbursement from the sponsor. This is increasingly enforced.

6. Keep Copies of Everything: Maintain complete copies of the I-864 packet. The sponsor may need to reference this information for years — for example, if the sponsored immigrant later applies for benefits, or in divorce proceedings.

7. Multiple Beneficiaries: If sponsoring multiple immigrants (e.g., spouse and stepchildren), a separate I-864 may be required for each beneficiary, or one I-864 may cover the principal applicant and derivatives depending on the filing context. Verify current USCIS instructions.

8. I-864EZ Eligibility: Form I-864EZ (the simplified version) may be used only if: (a) the sponsor is the petitioner, (b) the sponsor's income is based solely on salary or pension, (c) no household member income is being used, and (d) the sponsor is sponsoring only one immigrant. In all other cases, use the full I-864.

9. NVC Processing: For consular cases, the NVC may take several months to review I-864 packets. Upload documents through the CEAC portal promptly. The NVC will issue a "documentarily complete" notification when satisfied, or request additional evidence.

10. Update Before Interview: Even if the I-864 was submitted months ago, bring updated financial documentation (recent pay stubs, current employer letter, latest tax transcript) to the I-485 interview or consular interview.

SECTION 10: SIGNATURES AND DECLARATIONS

10.1 Sponsor's Declaration

I, [________________________________], declare under penalty of perjury under the laws of the United States that the information provided in this cover letter, financial worksheets, and the accompanying Form I-864, Affidavit of Support Under Section 213A of the INA, is true and correct to the best of my knowledge.

I understand that Form I-864 is a legally binding contract between myself and the United States Government. I agree to maintain the sponsored immigrant(s) at an annual income of not less than [☐ 125% / ☐ 100%] of the Federal Poverty Guidelines until the obligation is terminated as provided by law.

I understand that my obligation continues regardless of any change in my relationship with the sponsored immigrant, including divorce, and that the sponsored immigrant, as well as Federal, State, and local government agencies, may enforce this obligation in court.

Sponsor Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

10.2 Attorney / Representative Certification (If Applicable)

I, [________________________________], certify that I have reviewed the enclosed Form I-864 and all supporting documentation. I have advised the Sponsor regarding the legally binding nature of the I-864 obligation, including its duration, enforceability, and survival of divorce. To the best of my knowledge, the information provided is accurate and complete.

Attorney/Representative Signature: ________________________________________

Printed Name: [________________________________]

Bar Number / State: [________________________________]

Firm Name: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

SECTION 11: DOCUMENT ASSEMBLY CHECKLIST — FINAL REVIEW

Before submitting the I-864 packet, verify the following:

☐ Form I-864 is complete — all sections filled out, no blank required fields
☐ Form I-864 is signed with original ink signature (for paper filings)
☐ Household size is calculated correctly and consistently across all forms
☐ Income figures are consistent across I-864, pay stubs, employer letter, and tax transcripts
☐ Correct poverty guideline year is used (2026 I-864P)
☐ All foreign-language documents have certified English translations
☐ Tax transcripts (not just returns) are included for at least the most recent year
☐ Pay stubs and employer letter are current (within 30-60 days)
☐ If using assets: correct multiplier applied (3x or 5x), evidence of ownership and value included
☐ If using I-864A: form signed by both Sponsor and Household Member, with all supporting documentation
☐ If using Joint Sponsor: separate I-864 with complete supporting documentation
☐ Domicile evidence is included (especially if Sponsor is or was recently abroad)
☐ Filing fee payment is included (if applicable)
☐ Complete copy of entire packet retained for records

SOURCES AND REFERENCES

• USCIS Form I-864, Affidavit of Support: www.uscis.gov/i-864
• USCIS Form I-864 Instructions: www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf
• USCIS Form I-864P, Poverty Guidelines: www.uscis.gov/i-864p
• USCIS Form I-864A, Contract Between Sponsor and Household Member: www.uscis.gov/i-864a
• USCIS Affidavit of Support Overview: www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support
• USCIS Policy Manual, Volume 8, Part G, Chapter 6: www.uscis.gov/policy-manual/volume-8-part-g-chapter-6
• USCIS Fee Schedule (Form G-1055): www.uscis.gov/g-1055
• Department of State — I-864 FAQs: travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html
• Department of State — NVC: travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center.html
• 9 FAM 601.14 — Affidavit of Support (Foreign Affairs Manual)
• INA § 213A — Requirements for Sponsor's Affidavit of Support: 8 U.S.C. § 1183a
• INA § 212(a)(4) — Public Charge Inadmissibility: 8 U.S.C. § 1182(a)(4)
• 8 C.F.R. § 213a — Affidavit of Support Regulations
• IRS Tax Transcript Request: www.irs.gov/individuals/get-transcript

This template is provided for informational purposes only and does not constitute legal advice. Form I-864 creates a legally binding and enforceable contract that may last for many years. Immigration law is complex and subject to frequent change. You must have this template reviewed and customized by a qualified attorney licensed in your jurisdiction before use. Do not file any immigration form without professional legal review.