Form I-864 - Affidavit Of Support Under Section 213a Of The Act
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16OMB No. 1115-0214
U.S. Department of Justice
Affidavit of Support Under Section 213A of the Act
Immigration and Naturalization Service
INSTRUCTIONS
.
Purpose of this Form
All immediate relatives, including orphans, and
family-based immigrants. (Self-petitioning widow/ers
This form is required to show that an intending immigrant has
and battered spouses and children are exempt from this
adequate means of financial support and is not likely to become
requirement); and
a public charge.
.
Employment-based immigrants where a relative filed the
Sponsor's Obligation
immigrant visa petition or has a significant ownership
interest (5 percent or more) in the entity that filed the
The person completing this affidavit is the sponsor. A
petition.
sponsor's obligation continues until the sponsored immigrant
becomes a U.S. citizen, can be credited with 40 qualifying
Who Completes an Affidavit of Support under Section 213A?
quarters of work, departs the United States permanently, or
.
dies. Divorce does not terminate the obligation. By signing
For immediate relatives and family-based immigrants, the
this form, you, the sponsor, agree to support the intending
family member petitioning for the intending immigrant
immigrant and any spouse and/or children immigrating with him
must be the sponsor.
.
or her and to reimburse any government agency or private
For employment-based immigrants, the petitioning
entity that provides these sponsored immigrants with Federal,
relative or a relative with a significant ownership interest
State, or local means-tested public benefits.
(5 percent or more) in the petitioning entity must be the
sponsor. The term ''relative,'' for these purposes, is
defined as husband, wife, father, mother, child, adult son
General Filing Instructions
or daughter, brother, or sister.
Please answer all questions by typing or clearly printing in
.
black ink only. Indicate that an item is not applicable with
If the petitioner cannot meet the income requirements, a
''N/A''. If an answer is ''none,'' please so state. If you need extra
joint sponsor may submit an additional affidavit of
space to answer any item, attach a sheet of paper with your
support.
name and Social Security number, and indicate the number of
the item to which the answer refers.
A sponsor, or joint sponsor, must also be:
.
You must submit an affidavit of support for each applicant for
A citizen or national of the United States or an alien
immigrant status. You may submit photocopies of this affidavit
lawfully admitted to the United States for permanent
for any spouse or children immigrating with an immigrant you
residence;
.
are sponsoring. For purposes of this form, a spouse or child is
At least 18 years of age; and
immigrating with an immigrant you are sponsoring if he or she
.
is:
1) listed in Part 3 of this affidavit of support; and 2)
Domiciled in the United States or its territories and
applies for an immigrant visa or adjustment of status within 6
possessions.
months of the date this affidavit of support is originally
completed and signed. The signature on the affidavit must be
Sponsor's Income Requirement
notarized by a notary public or signed before an Immigration or
As a sponsor, your household income must equal or exceed 125
a Consular officer.
percent of the Federal poverty line for your household size. For
the purpose of the affidavit of support, household size includes
You should give the completed affidavit of support with all
yourself, all persons related to you by birth, marriage, or
required documentation to the sponsored immigrant for
adoption living in your residence, your dependents, any
submission to either a Consular Officer with Form OF-230,
immigrants you have previously sponsored using INS Form
Application for Immigrant Visa and Alien Registration, or an
I-864 if that obligation has not terminated, and the intending
Immigration Officer with Form I-485, Application to Register
immigrant(s) in Part 3 of this affidavit of support. The poverty
Permanent Residence or Adjust Status. You may enclose the
guidelines are calculated and published annually by the
affidavit of support and accompanying documents in a sealed
Department of Health and Human Services. Sponsors who are
envelope to be opened only by the designated Government
on active duty in the U.S. Armed Forces other than for training
official. The sponsored immigrant must submit the affidavit of
need only demonstrate income at 100 percent of the poverty
support to the Government within 6 months of its signature.
line if they are submitting this affidavit for the purpose of
sponsoring their spouse or child.
Who Needs an Affidavit of Support under Section 213A?
If you are currently employed and have an individual income
This affidavit must be filed at the time an intending immigrant is
which meets or exceeds 125 percent of the Federal poverty line
applying for an immigrant visa or adjustment of status. It is
or (100 percent, if applicable) for your household size, you do
required for:
not need to list the income of any other person. When
determining your income, you may include the income generated
by individuals related to you by birth, marriage, or
Form I-864 Instructions (Rev. 11/05/01)Y
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