How to Learn More

You may download the I-864 and I-864A and I-864P, using Acrobat Reader. The latest Acrobat software is available for a free download. Follow this link for downloadable forms from the BCIS (i.e., forms beginning with the letter "I", including the I-864).

HINTS FOR PREPARATION OF AFFIDAVIT OF SUPPORT (I-864 and I-864A)

The affidavit of support process and requirements are intended to determine if an immigrant visa applicant is likely to be a public charge after admission to the U.S.

Properly signed by the petitioner (I-864) and adult household member (I-864A), usually the spouse, whose income will also be used for the visa applicant's support, and notarized by a U.S. notary or a federal officer with U.S. notarial powers.

Sponsors must show their domicile in one of the states or territories of the U.S. If sponsors list no current U.S. or APO/FPO address, then attach other evidence of U.S. domicile, e.g. voter registration, property deeds, last will, compliance with state tax law.

Attach evidence of each signer's U.S. citizenship or legal permanent resident status and relationship, usually photocopies of U.S. birth certificate, U.S. passport or U.S. alien registration card, and marriage certificate if a husband and wife are sponsors. Even though these documents may be attached to the immigrant petition, we process some cases with only a fax notification of immigrant petition approval from INS. The hard copy of the approved immigrant petition, with its supporting documents, comes weeks later.

Attach evidence of current, sustained income, e.g. a signed, dated letter on company letterhead stating employee's wages, position and prospects for continued employment. If the sponsor is self-employed, then attach recent copies of business bank statements and the business license.

Attach photocopies of the last three years of federal tax returns, e.g. what the taxpayer sends to the IRS (1040 package with all attachments) or an IRS transcript of the filing. Certified copies, state tax returns and forms only for the taxpayer's use, e.g. 1099s, are unnecessary. Place in chronological order, most recent on top. If a sponsor did not file federal tax returns for a certain tax year attach a complete explanation and refer to the filing requirements contained in tax law for that tax year.

Please staple documents/evidence in this order: I-864; I-864A (if needed); domicile (if needed); U.S. citizenship or legal resident status and relationship; current, sustained income; U.S. tax returns.

If the sponsor cannot meet the sponsorship requirements, please obtain a joint sponsor who must complete an I-864 (and I-864A if needed) with all attachments as above.

More is not better and no extra papers are needed. The more papers we handle, given the thousands of immigrant cases we process, the more likely it is that required papers will go astray.

WHO SHOULD FILE AN I-864?

Do I need to complete an I-864 for the immigrant for whom I petitioned?

Yes. If you petitioned for your spouse, child, parent, or sibling, or filed an employment based petition for a relative to work at a business in which you own at least 5%, you must complete an I-864. The Immigration and Naturalization Act requires that all such petitioners of aliens also financially sponsor the immigrant aliens by completing the I-864. Certain other petitioners (see below) do not complete the I-864.

What if I have a joint sponsor? Do I still have to complete an I-864?

Yes. There is a statutory requirement that the petitioner complete an I-864 as a sponsor. Moreover, a joint sponsor cannot be considered unless the petitioner has completed an I-864.

WHO NEEDS AN I-864 AND WHO DOESN'T?

There are two Affidavit of Support forms, I-864 and I-134. Who needs an I-864? Can someone who needs an I-134 use I-864 instead?

Section 213A of the Immigration and Nationality Act (INA) of 1952, as amended, limits use of the I-864 to specified immigrant visa cases. These are Family-sponsored Immigrants, including orphans, and applicants for Employment-based Immigrant visas where a RELATIVE FILED the immigrant visa petition, or has a FIVE percent or greater ownership interest in the business that filed the petition. All other applicants who require an affidavit of support should use Form I-134.

Do persons who are in immigrant visa categories that do not require the I-864 AOS need to conform with the income and documentary requirements of the new public charge guidelines?

No. Those applicants whose visa categories do not require the I-864 will continue to be adjudicated under previously existing public charge guidelines.

Should K-1 Fiance(e) Visa Applicants use the I-864 or the I-134?

Since fiance(e)s are technically nonimmigrant visa applicants, they should use the I-134. They will have to submit an I-864 to BCIS at the time of adjustment of status in the United States, however.

Should diversity visa (DV) or returning resident (SB) applicants use the I-864 or the I-134?

They should use the I-134. The I-864 can only be used in the specified categories (most Family- sponsored and certain Employment-based cases). All other cases must use the I-134 if an affidavit of support is needed.

Do the new income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the need for the last three years income tax returns, etc., only apply to those cases in which an I-864 is required. All other cases will be adjudicated on the basis of previously existing guidance and procedures.

Is an applicant who submitted his/her first visa application form (DS-230) prior to December 19, 1997, but has not yet qualified for an immigrant visa, exempt from the requirement for an I-864 Affidavit of Support (AOS)?

In most cases, yes. As long as the initial application was made prior to December 19, 1997, the applicant will in most cases be subject to previously existing public charge provisions and will not be required to submit an I-864. Should a new immigrant visa application, Form DS-230, be required after December 19, 1997, however (for example if more than 12 months have passed since the original interview), then the new provisions will apply and the petitioner must provide an I-864.

UNDER AGE PETITIONERS

If the petitioner does not meet the age requirement in Sec 213A, can she/he still file an I-864 and have a joint sponsor?

No. Section 213 A, specifies that a sponsor must be at least 18 years of age. The petitioner must meet the definition of a sponsor (explained in the I-864 instructions) before there can be a joint sponsor.

INCOMPETENT PETITIONER

If the petitioner is in a coma or otherwise mentally incompetent, who files the affidavit?

An individual who can demonstrate legal competence to administer the petitioner's finances may file an I- 864 on the petitioner's behalf (similar to filing a petition on behalf of a mentally incapacitated or incompetent petitioner).

COMMON PROBLEMS ON THE I-864

Inadequately completed I-864's are the most frequent problem in delaying visa issuance. What are some of the most common problems with the I-864?

Many sponsors make mistakes with the tax return requirement. The last three years of federal tax returns as filed with the IRS are required. This means all schedules, W-2, 1099, 1096 forms and so on must accompany the I-864. If you were not required to file in a particular tax year, you must explain clearly that your income was below the level at which you are required to file. Note that overseas residents whose income is excludable still must file income tax.

Many I-864's are submitted without the Joint Sponsor's or Household Member's proof of U.S. citizenship or lawful permanent residence. Direct proof of citizenship or LPR status is required. For a citizen, a government issued birth certificate, a copy of the identification page of a passport , or naturalization certificate is best. Hospital birth certificates, military ID, marriage certificates, driver's licenses, and Social Security cards do not prove citizenship. For lawful permanent residents, a copy of both sides of the I-551 (aka green card), or other BCIS proof of lawful permanent residence status is required.

Many I-864's are not filled out completely or correctly. Some are not notarized correctly either. Make sure that all the the identification information in Part 1 is complete. Make sure that each immigrant for whom a petition was filed has their own original I-864 and that all immigrants you have sponsored on an I-864 are listed in Parts 3 and 4. Make sure that the sponsor listed on the I-864 is the person who filed the petition. The petitioner's spouse, even if they are the primary earner in the household, is not the sponsor, s/he is the Household Member and must complete I-864A. Make sure the sponsor signs the I-864 on page 6 and that the sponsor and household member both sign the I-864A on page 3. All signatures must be notarized.

HOUSEHOLD SIZE

How is household size determined for the purposes of the I-864?

Household size is defined in the regulation as:

the sponsor;
all relatives by blood, marriage, or adoption residing in the sponsor's household;
all dependents listed on the most recent tax return, whether or not they reside in the sponsor's household; (may overlap with previous category)
any individuals for whom the sponsor has signed an I-864 and for whom the contractual obligation still exists;
the beneficiary (principal applicant);
the beneficiary's accompanying dependents.

For example, a married sponsor lives in a household with his/her spouse, one minor child, and his/her retired mother. The sponsor claims an income tax exemption for another child (from a previous marriage) who is away at college. The sponsor also has a second child from a previous marriage who lives with the sponsor's ex-spouse. The sponsor has already filed an I-864 for his/her mother who lives with them. There are four immigrants being sponsored. The sponsor's household size is ten (him/herself (1) + spouse, child at home, mother at home (3) + child at college and child with ex-spouse (2) + mother on already filed I-864, but already counted (0) + beneficiary (1) + beneficiary's family (3) = 10.

Can a petitioner with limited financial resources sponsor only the principal alien and not his/her spouse and eligible children?

Yes. The petitioner can limit the number of sponsored immigrants listed on the AOS to the number of people who actually intend to immigrate at that time. The principal applicant must be one of the sponsored immigrants, however. By limiting the number of sponsored individuals, the petitioner would reduce the household size and thereby face a lower minimum income requirement. The petitioner would still be able to file another AOS on behalf of the principal applicant's eligible dependents at a later date when the petitioner and the principal applicant have improved their financial situation. When the petitioner files a new AOS for the remaining eligible family members, the principal applicant, and any of his/her family members who may have already immigrated, would be included in the household for that I-864. Under some circumstances the previously sponsored immigrants could add their income to the sponor's as Household Members.

How do you count children of a divorced couple who reside with one parent part of the time and with the other parent the other part?

A divorced parent's dependent children are members of his or her household, even if they live part of the time with the other former spouse. A parent always has a legal obligation to support his or her children. Although only one of the parents may be legally entitled to claim the child as a dependent on the tax return, the child must be considered as part of both parents' households for purposes of the AOS unless a parent can show that he or she has been relieved of any legal obligation to support the child.

TAX RETURNS

Will the State Department ever excuse the lack of filing of tax returns for the previous three years, other than when the sponsor was not obligated to file during a given year?

No. There is a statutory requirement that the sponsor must submit tax returns for each of the three years immediately prior to the visa interview in which he or she was obligated to file. Note that Americans and Legal Permanent Residents who are working abroad are required by IRS to file a return even if most or all of their overseas income is excluded from U.S. taxes.

DO YOU NEED COPIES OF U.S. TAX RETURNS FOR AN IMMIGRANT VISA APPLICATION?

INTERNAL REVENUE SERVICEPhiladelphia PA 19255-0215

Customer Service Phone: 1-215-516-2000
Customer Service Fax: 1-215-516-2555/3256
Fax for Transcripts of Returns: 1-215-516-2931/1311/1322
Hours: Mon - Fri 6am-2am (EST)

Please fax a Request for Transcript of a Tax Return (IRS 4506 fax2)
to get tax returns to satisfy the Affidavit of Support (I-864) requirements.

You may download a Request for Transcript of a Tax Return (IRS 4506 fax2), using Acrobat Reader. The latest Acrobat software is available for a free download.

If you have not filed U.S. tax returns for a given year, you must either file late or prove that your earned and unearned income was below the filing requirements for that particular tax year. Residing overseas or attending school does not remove the filing requirement, which is determined by earned and unearned income levels. Please seek guidance from a tax preparer if you need to file tax returns. No immigrant visa can be issued until the I-864 meets all requirements, including attached 3 most recent years of U.S. tax returns. For information relevant to overseas taxpayers please see Tax Guide for U.S. Citizens and Resident Aliens Abroad (IRS Publication 54) at <http://www.irs.gov/publications/p54/index.html>.

How can a sponsor who was obligated to file tax returns, but failed to do so, qualify as a sponsor?

A sponsor may file a late or amended tax return to IRS. He or she can then submit copies of the late or amended return(s) for the year(s) in which he or she was obligated to file. Until such time as the late or amended return has been filed, the I-864 will be considered incomplete.

If the sponsor owns a business, should s/he submit individual or business tax returns?

Individual returns. Consular Officers can only accept individual tax returns, since it is the individual and not the business who is sponsoring the applicant(s). The sponsor must submit individual returns - by definition, a sponsor must be a person and not an entity (business, church, organization, etc.). Note that the business income/loss will often be listed on the individual return.

If the sponsor does not have copies of his/her tax returns, can s/he submit a summary of the returns provided by the Internal Revenue Service (IRS)?

Yes.

If a sponsor cannot present three years of tax returns because s/he was not obligated to file, can s/he qualify as a sponsor?

Yes. A sponsor is only required to submit returns for years in which he/she was obligated to file. The lack of tax returns if there was no obligation to file does not disqualify him/her as a sponsor. The deciding factor is current and sustainable income. See INCOME REQUIREMENT.

Can a petitioner choose not to file tax returns, purposefully submitting an insufficient or incomplete I-864, and use a joint sponsor?

No. Tax returns are required if the petitioner/sponsor was obligated to file. The sponsor completes the AOS under penalty of perjury. If he or she claimed no income in order to avoid disclosing a failure to file a tax return and to pay taxes, that would be a felony, in addition to any tax offenses already committed.

If a sponsor has neglected to file, or underreported his/her income to the IRS, are late filed or amended tax returns acceptable?

Yes.

DOMICILE

Can a U.S. citizen or legal permanent resident petitioner who is not domiciled in the US be a sponsor?

No. The law requires that sponsors be domiciled in any of the States of the United States, the District of Columbia, or any territory or possession of the United States.

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

No. The BCIS Office of General Counsel has determined that under the act and regulations, a joint sponsor cannot be authorized in cases where the petitioner cannot be a sponsor by virtue of domicile. The petitioner must first meet all requirements for being a sponsor (age, domicile, and citizenship) except those relating to income before there can be a joint sponsor.

How is domicile determined?

Domicile is a complex issue and must be determined on a case by case basis. To qualify as a sponsor, a petitioner who is residing temporarily abroad must have a principal residence in the U.S. with the intent to maintain that residence for the foreseeable future. Legal permanent resident (LPR) sponsors must further demonstrate that they have maintained their legal permanent resident status.

Note that the BCIS regulation provides that sponsors who can show that they had a domicile in the United States, but who are now living temporarily abroad because of certain types of employment, shall be considered to have retained their domicile in the United States. The following are the qualifying types of employment. A sponsor retains his or her domicile if the sponsor is:

employed by the government of the United States; an American institution of research recognized as such by the Attorney General; an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States or a subsidiary thereof; a public international organization in which the United States participates by treaty or statute; or
authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States and is stationed abroad pursuant to that calling;
engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States and is stationed abroad pursuant to that calling.

There may be other circumstances in which a sponsor can show that his or her sojourn abroad is clearly of a temporary nature, so that the sponsor can be found still to have a domicile in the United States. For example, persons who are abroad temporarily to study, or teach, or engage in other activities that do not meet the requirements of section 316(B), 317, or 319(B) of the Immigration and Nationality Act (listed in the preceding paragraph) may nevertheless have a domicile in the United States if they can satisfy the Consular Officer that they did not, in fact, give up their domicile in the United States and establish a domicile abroad.

How can the petitioner establish a domicile?

In cases where the sponsor has clearly not maintained a domicile in the US, the question becomes when the sponsor can be deemed to have re-established US residence. To do this, the sponsor must have taken a credible combination of steps to make the US his immediate principal place of abode. Such steps might include finding US employment, locating a place to live, registering children in US schools and other indices of residence. The sponsor should also have made other arrangements to relinquish residence in the other country. It is not necessary for the sponsor to precede the sponsored family members to the US to reestablish residence and domicile provided that the sponsor has taken the type of concrete steps outlined above. It is important to note in such cases that a sponsored immigrant may not enter the United States prior to the sponsor's return to take up residence. He or she must either travel to the United States with the sponsor or at some date after the sponsor's entry into the US.

SIGNATURES ON I-864 AND I-864A MUST BE NOTARIZED

Who can notarize the signatures?

Signatures on I-864 and I-864A can only be notarized by a U.S. BCIS Officer, a U.S. Consular Officer or a U.S. Notary Public. Forms that have been notarized by a foreign notary public cannot be accepted by the Consular Officer. In Seoul, the U.S. Embassy offers notary services.

NOTARIZATION BY FOREIGN NOTARIES

Can the affidavit be notarized by a foreign notary?

No. The notarization must be done by a U.S. notary public, a BCIS Officer or a Consular Officer.

COMPLETE DOCUMENTS FOR EACH PRINCIPAL APPLICANT

Does each accompanying family member need separate documents if they are traveling with the principal applicant?

Each principal applicant (the person in whose name the visa petition was filed) must submit a signed and notarized I-864 from the petitioner, any joint I-864 that may be required and Form(s) I-864A if needed. Accompanying family members' documents whose names are listed on the signed and notarized I-864 and I-864A (if needed) may submit exact copies (photo copies) of the principal applicant's forms. Only the principal applicant must submit supporting documentation (tax returns, employment letters, proof of assets, etc.). This applies only to principal applicants and accompanying dependents who are applying together for an immigrant visa or adjustment of status.

Family members who may apply for visas and travel together, but for whom separate visa petitions have been filed, must each submit a complete set of supporting documentation along with a signed and notarized I-864, any joint I-864 that may be required, and Form I-864A if needed.

FOLLOW TO JOIN

If the petitioner dies before the following to join (FTJ) relatives make application for immigrant visas, who files the I-864?

Any person who meets the qualifications of a sponsor (18 years of age, U.S. citizen or LPR domiciled in the U.S. and able to meet the minimum income requirement) may file in the deceased petitioner's stead.

In a follow to join case, if the petitioner has relinquished legal immigrant status, can he/she still file an I-864?

No. The petitioner must qualify as a sponsor in order to file an I-864. A petitioner who has relinquished his/her LPR status cannot qualify as a sponsor. If the petitioner does not qualify as a sponsor, there can be no joint sponsor and the FTJ applicant is inadmissible under 212(a)(4). In such cases, the Principal Applicant (PA) in the U. S. will need to file a new petition on his/her dependent's behalf.

If the petitioner and PA divorce after the PA immigrates but before the PA's children immigrate and the petitioner declines to file an I-864, can a different sponsor file on the children's behalf?

No. The statute requires an I-864 from the petitioner. The petitioner is under no obligation to file an I-864, however. If the petitioner elects not to submit an I-864, the visa applicant cannot qualify for a visa under section 212(a)(4). The principal applicant parent in the U.S. would then need to file a new petition on his/her child/children's behalf.

If the PA immigrated before December 19, 1997, do the FTJ dependents need an I-864?

If the PA immigrated in a Family-Sponsored category or one of the specified Employment-Based categories, the FTJ dependents would need I-864's signed by the original petitioner. If the petitioner cannot meet the 125% income level, the principal applicant, or any other individual who meets the qualifications of a sponsor (USC or LPR, 18 years of age, domiciled in the US or its territories, can demonstrate the minimum income level), may file a joint I-864. If the original petitioner has died, anyone who qualifies as a sponsor may file an I-864. However, if the PA did not immigrate in one the specified categories, the FTJ dependent would not require n I-864 and should be processed under previously existing public charge guidelines.

If the petitioner cannot meet the minimum income requirement, can joint sponsors divide up the FTJ applicants?

Yes. Unlike accompanying family members, FTJ applicants may be considered separately. The petitioner must still file an affidavit of support for each FTJ applicant, but separate joint sponsors may file an I-864 for individual FTJ applicants.

JOINT SPONSORS

Can there be separate joint sponsors for separate members of the beneficiary's family?

No. Each joint sponsor must meet the minimum 125 percent income requirement for the indicated household size which includes: the sponsor; all household members related by blood, marriage or adoption residing in his or her household; all dependents, including those not residing in the same household, claimed on the sponsor's most recent income tax return; and individual(s) for whom the sponsor has filed a separate I-864 which is still in effect; the principal applicant; and the applicant's accompanying dependents.

DEATH OF SPONSOR

If the sponsor dies after the principal applicant has immigrated to the United States but before all qualified family members who are following to join have immigrated, can they obtain another sponsor?

Yes. A substitute sponsor may serve as the sponsor in such circumstances. The substitute sponsor must be an American citizen or lawful permanent resident, at least eighteen years of age, domiciled (living) in the United States and having sufficient income.

The substitute sponsor must be related to the applicant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, grandparent or grandchild.

Does the death of a sponsor terminate any obligation to the sponsored immigrant(s)?

Yes. However, the sponsor's estate remains liable for any requests for repayment of benefits that arose prior to the sponsor's death.

DOES THE I-864 EVER EXPIRE?

Does the I-864 have an expiration date after which a new form must be completed?

The I-864 must be submitted to either a consular officer or a BCIS officer within six months of the sponsor's signature. Otherwise a new form will be required. Once the form has been submitted and accepted by a Consular or BCS Officer, however, it will not expire. If the form was submitted within 12 months of the sponsor's signature, but more than 12 months pass before the visa is issued, new supporting documents will be required (the most recent tax return(s), a current employment letter, etc.).

CHANGE IN POVERTY GUIDELINES

If the poverty guidelines change between the time the petitioner signed the I-864 and approval of an immigrant visa, must the petitioner/sponsor submit a new I-864?

No. As long as the I-864 was submitted to a consular officer within 12 months of the date it was signed and notarized, a new I-864 is not required. However, the petitioner/sponsor must meet the minimum income requirement based on the poverty guidelines in effect on the date of visa issuance, not those in effect at the time the form was signed.

Follow this link for current Year U.S. Poverty Guidelines.

INCOME REQUIREMENT

Must each of the last three years' income equal 125% of the poverty line?

No. The current year's income, supported by employment letters or other appropriate documentation to demonstrate continued employment/income, will govern.

CAN FREE HOUSING BE COUNTED AS INCOME?

Can petitioners/sponsors who receive housing and other tangible benefits in lieu of salary count those benefits as income?

Yes. The sponsor may rely on income that is not subject to taxation (such as a housing allowance for clergy or military personnel), as well as taxable income. In a given case, however, the sponsor would bear the burden of proving the nature and the amount of any income on which he or she relies, but that is not included as wages/salary or other taxable income. Evidence of such income can be shown through notations on the W-2 form (such as box 13, for military allowances), Form 1099, or other documents that substantiate the claimed income.

MEANS TESTED BENEFITS CANNOT BE CONSIDERED INCOME

Can a petitioner's or joint sponsor's SSI benefits be counted as income?

No. SSI benefits cannot be considered when computing the sufficiency of the I-864 (A sufficient I-864 is one that meets the minimum income requirement).

Can disability benefits be considered as income?

Yes.

Can Social Security Benefits (not SSI) be considered as income?

Yes.

Can income from unemployment benefits or worker's compensation be considered as income for I-864 purposes?

UNEMPLOYMENT BENEFITS: Unemployment benefits are normally temporary in nature and would not meet the criteria of sustainable income. Such benefits should therefore not be considered for I-864 purposes.

WORKER'S COMPENSATION: If the sponsor can demonstrate that he/she will return to previous employment at the same salary level (or a level that meets public charge concerns) upon completion of medical treatment, worker's compensation could be counted toward the current year's income. Like unemployment benefits, worker's comp is generally of a temporary and finite nature.

CAN A BENEFICIARY'S ONGOING INCOME BE COUNTED?

Can a visa applicant's steady income, which will continue after his/her obtaining lawful permanent resident status, be counted with the sponsor's income?

Under certain circumstances, yes. In order for the income to be counted, the applicant must have resided in the sponsor's household for six months prior to the completion of the AOS. The applicant will be required to clearly demonstrate that the income will continue after his/her taking up residence in the United States.

HOW TO COUNT ASSETS

May the petitioner/sponsor count assets to meet the 125 percent minimum income requirement?

Yes. The sponsor would count his/her income first. If not sufficient s/he may count personal assets and/or the income and assets of qualifying household members who have signed an I-864A. If, using all of those sources, the minimum income requirement is met, the affidavit would be "sufficient". To be counted, the cash value of assets must equal five times the difference between the sponsor's income and 125 percent of the poverty line for the indicated household size.

Thus for a petitioner/sponsor whose household size is four and who has an income of $18,000, his/her assets would need to equal at least $10,310 (this example uses Fiscal Year 1999 dollar amounts; the actual dollar amount changes each year. Follow this link for current Year U.S. Poverty Guidelines)($20,062 -- poverty level for a family of four -- minus $18,000 = $2,062, times five). S/he would also need to present evidence of all mortgages, liens, and liabilities against the claimed assets. Note that the assets must be liquid, that is they must be able to be turned into cash within one year.

Also, it is difficult to consider certain assets such as primary residences, vehicles used on a regular basis, and business property, since their sale would force the sponsor to find a new home, could significantly hinder daily activities such as commuting, and reduce the sponsor's ability to earn an income.

ASSETS OUTSIDE THE UNITED STATES

Will the intending immigrant be able to count significant assets that he or she owns that are currently outside the United States, such as real estate or personal property?

Yes, but only under the following conditions:

the assets must be readily convertible to cash within 12 months;
the applicant must clearly demonstrate the ability to take the money or assets out of the country where they are located. Many countries have strict regulations which severely limit the amount of cash or liquid assets an individual may take or send abroad;
the assets equal at least five times the difference between the sponsor's income and 125 percent of the poverty line for the indicated household size.

Can the assets of the petitioner/sponsor be overseas, assuming they are readily convertible within 12 months and can be transferred out of the foreign country?

Yes.

OFFERS OF EMPLOYMENT

Can a credible offer of employment for the visa applicant replace or supplement an insufficient affidavit of support?

No. The new law does not make any provision for the consideration of offers of employment in lieu of the I-864. Similarly, an offer of employment may not be counted in reaching the 125 percent minimum income.

DEFINE "ARMED FORCES"

Are the Coast Guard and Merchant Marine considered to be members of the armed forces of the United States and entitled to the computational standard of 100 percent?

For purposes of Section 212(a)(4) of the Immigration and Nationality Act, the Coast Guard is considered to be a part of the armed forces. Active duty members of the Coast Guard therefore need only meet the 100 percent of the poverty guideline minimum income requirement. Members of the Merchant Marine must meet the full 125 percent income requirement.

IS A "SUFFICIENT" I-864 THE ONLY CONSIDERATION?

Given the contractual nature of the I-864, AOS, and the prohibition of most federal means-tested public benefits to most aliens for at least the first five years after their arrival in the U.S, will consular officers need to look beyond a "sufficient" affidavit of support for other public charge issues?

Yes. Section 212(a)(4)(B) lists the factors a consular officer should take into consideration when making public charge determinations. A section 213A affidavit of support, I-864, is only one of the factors to be considered. Consular officers will continue to consider the totality of the sponsor's and applicant's financial situations to confirm to the extent possible that the applicant will have adequate financial support and is not likely to become a public charge.

CHILDREN OF AMERICAN CITIZEN

Do children of American citizens need an I-864 for an immigrant visa?

Children of American citizens (IR-2) are not required to have an I-864 in the following circumstances:

Under the age of 18 when they enter the United States, and
Natural born, biological children, and
Living with and in legal custody of U.S. citizen parent

Adopted children in the IR-3 category also are not required to have an I-864 in the following circumstances:

Have a full and final adoption decree, and
Living with and in legal custody of U.S. citizen parent, and
Entering the U.S. under the age of 18

However, these children must present evidence that they will not become public charges when they enter the United States. This can be shown with documents such as recent income tax returns (1040), job letters and bank statements. The consular officer may ask for an I-134 A Affidavit of Suffort.

PLEASE DON'T MAIL THE I-864

How does the petitioner or joint sponsor submit the I-864?

The I-864 and all supporting documents (a complete set for the sponsored immigrant and each accompanying dependent) should be sent to the National Visa Center (NVC) when requested, or directly to the visa applicant, who should personally carry the documents to his/her visa interview. Please do not mail the forms to the Visa Office at the Embassy or Consulate where the sponsored immigrant(s) will apply for a visa or to BCIS unless you are specifically requested to do so. Due to serious workload factors, affidavit of support forms mailed directly to Visa Offices or BCIS cannot be attached to the applicants' files and will not be returned to the sender.

REVISIONS TO THE I-864

Is the 10/6/97 Form still the only acceptable version of the I-864?

No. BCIS made some minor revisions to both the I-864 and I-864A in January 1998. The revised forms are dated 1/21/98. Unless otherwise notified, previous forms will also remain in use.

EMPLOYMENT - BASED CASES

Does the requirement for the relative/petitioner to sponsor in employment based cases apply if the petitioner or relative with ownership interest in the petitioning entity does not live in the US and is neither a US citizen or LPR?

BCIS has determined that Non-citizen/Non-legal permanent resident petitioners/relatives who do not reside in the US are not required to file an I-864.

LEARNING MORE...

How do I learn more about the Affidavit of Support?

Follow these links for additional information:

Downloadable forms from the BCIS (i.e., forms beginning with the letter "I", including the I-864).
The I-864 Affidavit of Support (AOS) FAQ
The Department of State AOS checklist
Current Year U.S. Poverty Guidelines

For immigrant visa (IV) inquiries, please e-mail us at : seouliv@state.gov.

This is an official U.S. Government source of information on the WWW. Inclusion of non-U.S. Government links or information does not imply endorsement of contents.

The U.S. Embassy is closed on both U.S. and Korean holidays.

Updated June 22, 2004
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HINTS FOR PREPARATION OF AFFIDAVIT OF SUPPORT (I-864 and I-864A)

Updated June 22, 2004 wwwh2250.html

Updated June 22, 2004
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