Everything You Need to Know About I-864 Form
What is Form I-864?
Form I-864, the Affidavit of Support, is a legally enforceable contract between the sponsor and the U.S. government (USCIS). The sponsor commits to providing financial support, proving the intending immigrant will not rely on public benefits once they obtain a green card.
Who Should File Form I-864?
- Family-based immigration sponsors (e.g., spouse, parent, sibling, adult child).
- Employment-based sponsors (if a U.S. citizen, LPR, or permanent business owner holds significant ownership in the petitioning company).
- Joint sponsors when the petitioner does not meet income requirements.
- Household members contributing income may file a supplemental I-864A.
When to File Form I-864?
The form is typically submitted after the immigrant petition (Form I-130 or I-140) is approved and when the green card application (Form I-485 or DS-260) is ready for processing.
Key Information Required
- Sponsor’s personal details (name, SSN, address, immigration status).
- Proof of U.S. citizenship or permanent residency.
- Household size calculation.
- Sponsor’s income and employment information.
- Federal tax returns (most recent year, sometimes up to 3 years).
- Assets (bank accounts, property, investments) if income is insufficient.
Why is Form I-864 Important?
- Ensures the immigrant has financial stability upon entering the U.S.
- Prevents reliance on government-funded public benefits.
- Creates a legally enforceable obligation — the government or the immigrant can hold the sponsor accountable in court.
How to File Form I-864
- Download the latest version from Zendocs.
- Complete all sections truthfully (must be in English).
- Attach supporting documents (W-2s, pay stubs, tax transcripts, proof of assets).
- Submit with the green card application package (to USCIS or NVC, depending on the case).
- Keep a copy for your records - obligations last until the immigrant becomes a U.S. citizen, works 40 qualifying quarters, or leaves the U.S. permanently.
Processing Time
- Usually processed along with the immigrant’s green card application.
- Delays may occur if income proof is missing or insufficient.
Applicants represented by an attorney or accredited representative must also submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative along with this petition.
