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

ALERT:  On Feb. 21, 王牌彩票, the Supreme Court stayed the statewide injunction issued by the U.S. District Court for the Northern District of Illinois affecting Illinois filers. USCIS implemented the Inadmissibility on Public Charge Grounds final rule nationwide, including in Illinois, on Feb. 24, 王牌彩票. USCIS will apply the final rule to all applications for adjustment of status, and applications and petitions for extension of nonimmigrant stay or change of nonimmigrant status postmarked (or, if applicable, submitted electronically) on or after that date. For applications and petitions that are sent by commercial courier (for example, UPS, FedEx, or DHL), the postmark date is the date reflected on the courier receipt. USCIS will reject any affected application or petition that does not adhere to the final rule, including those submitted by or on behalf of aliens living in Illinois, if postmarked on or after Feb. 24, 王牌彩票.

The final rule requires applicants for adjustment of status who are subject to the public charge ground of inadmissibility and certain applicants and petitioners seeking extension of stay and change of status to report certain information related to public benefits. Due to litigation-related delays in the final rule’s implementation, USCIS is applying this requirement as though it refers to Feb. 24, 王牌彩票, rather than Oct. 15, 2019. Please read all references to Oct. 15, 2019, as though they refer to Feb. 24, 王牌彩票.

USCIS will not consider, and applicants for adjustment of status do not need to report, the application for, certification or approval to receive, or receipt of certain previously excluded non-cash public benefits (such as SNAP, most forms of Medicaid, and public housing) before Feb. 24, 王牌彩票. Similarly, USCIS will not consider as a heavily weighted negative factor receipt of previously included public benefits (such as SSI and TANF) before Feb. 24, 王牌彩票, in a public charge inadmissibility determination.

Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the final rule. 

Read the

Most family-based immigrants and some employment-based immigrants use this form to show they have adequate means of financial support and are not likely to rely on the U.S. government for financial support.

Number of Pages

Form 10; instructions 17.

Edition Date

10/15/19. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

Where to File

Chicago Lockbox

For U.S. Postal Service (USPS):

USCIS
P.O. Box 805887 
Chicago, IL 60680-4120

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

For additional information, see the “Special Instructions” section below.

Don’t forget to sign your form! We will reject any unsigned form.

 

We recommend reading our Lockbox filing tips

  • To ensure your Form I-864 is accepted at a Lockbox facility, fill out the form completely and accurately, particularly these required fields:
    • Sponsor’s Family name
    • Sponsor’s Address
    • Sponsor’s Social Security Number
    • Sponsor’s Signature

Filing Fee

There is no fee if the sponsored immigrant files this form with USCIS or abroad with the Department of State (DOS); however DOS does charge a fee if they file in the U.S. For more information, please visit the .

Checklist of Required Initial Evidence (for informational purposes only)

Please do not submit this checklist with your Form I-864. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

Filing Checklist

Did you provide the following?

For ALL sponsors: 

  • A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify. 

For SOME sponsors: 

  • If you are currently self-employed, a copy of your Schedule C, D, E, or F from your most recent Federal income tax return which establishes your income from your business. 
  • If you are sponsoring more than one intending immigrant listed on the same affidavit of support, photocopies of the original affidavit of support may be submitted for any additional intending immigrants listed. Copies of supporting documentation are not required for these family members. 
  • If you are the petitioning sponsor and on active duty in the U.S. Armed Forces or U.S. Coast Guard and are sponsoring your spouse or child using 100 percent of the Federal Poverty Guidelines, proof of your active military status. 
  • If you are using the income of persons in your household or dependents to qualify, a separate Form I-864A for each person whose income you will use. However, an intending immigrant whose income is being used needs to complete Form I-864A only if his or her spouse and/or children are immigrating with him or her. 
  • Proof of their residency in your household and relationship to you if they are not the intending immigrants or are not listed as dependents on your Federal income tax return for the most recent tax year. 
  • Proof that the intending immigrant’s current employment will continue from the same source if his or her income is being used. 
  • A copy of their individual Federal income tax return, including W-2s and 1099s, for the most recent tax year, or evidence that they were not required to file. You may submit this information for the most recent three years if you believe it will help you qualify. 
  • If you use your assets or the assets of a household member to qualify, documentation of assets establishing location, ownership, date of acquisition, and value. Evidence of any liens or liabilities against these assets. 
  • A separate Form I-864A for each household member using assets other than for the intending immigrant. 
  • If you are a joint sponsor, substitute sponsor, or the relative of an employment-based immigrant requiring an affidavit of support, proof of your U.S. citizenship status, lawful permanent resident status, or U.S. national status. 
  • For U.S. citizens or U.S. nationals, a copy of your birth certificate, passport, or certificate of naturalization or citizenship. 
  • For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card. 

If your legal guardian is signing this Form I-864 for you, the legal guardian must present: 

  • Proof of an appointment as legal guardian of your estate; and 
  • A copy of an order from the appointing court or agency specifically permitting the legal guardian to make your income and assets available for the support of the sponsored immigrant.

Special Instructions

  • Give the completed form and supporting documents to the immigrant you are sponsoring to file with their Form OF-230 or Form I-485.
  • If the National Visa Center mailed you this form to complete, please follow the instructions they provided.

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