What is Form I-864?
United States Citizenship and Immigration Service (USCIS) Form I-864, also known as the “Affidavit of Support Under Section 213A of the INA”, is a legally enforceable contract that a sponsor signs to accept financial responsibility for a person who is coming to the United States to live permanently. The sponsor could be a family member or an employer who is helping an immigrant obtain a green card (lawful permanent resident status).
The purpose of the I-864 is to show that the immigrant has adequate means of financial support and will not be dependent on the government for financial assistance.
Who Must File Form I-864?
Form I-864 must be filed by sponsors helping a relative or an employee get a green card in the United States.
If the original sponsor dies after the visa petition has been approved but before the immigrant has immigrated to the United States, a substitute sponsor has to file the I-864 form. This substitute sponsor must be a close relative, such as a spouse, parent, mother-in-law, father-in-law, sibling, child (at least 18 years old), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild.
All sponsors and co-sponsors have to prove that their income is at least 125% of the Federal Poverty Guidelines for their household size unless they are active duty military personnel sponsoring immediate family members, in which case the requirement is 100%. This obligation usually lasts until the immigrant becomes a U.S. citizen, has worked for 40 qualifying quarters (about 10 years), permanently leaves the U.S., or passes away.
Who Cannot File Form I-864?
- Non-U.S. citizens or non-lawful permanent residents.
- People under the age of 18.
- Residents outside the United States.
- People who don’t meet the income requirement of at least 125% of the Federal Poverty Guidelines for their household size.
- Individuals with certain criminal records like child abuse or sexual offences.
- People who failed to meet their previous affidavit of support obligations.
What Supporting Documents Do I Need to Submit With the I-864 Form?
The supporting documents for form I-864 include:
For All Sponsors:
- Federal Income Tax Return: Include the most recent return with W-2s, and any 1099s or other schedules showing income. If you didn't file taxes, explain why.
- Proof of Income: Recent pay stubs (last six months) and/or an employment verification letter.
Depending on Your Situation, You May Also Need:
- For Self-Employed Sponsors: Your latest Schedule C, D, E, or F from your tax return, showing business income.
- If You’re Sponsoring Multiple Immigrants: Photocopies of the original affidavit for additional immigrants.
- For Active Duty Military Sponsors: Proof of active military status if you’re sponsoring a spouse or child.
- If You’re Sponsoring With Household Income: Form I-864A for each household member whose income is included and proof of their relationship to you and residency in your household.
- If You’re Using A Household Member's Income: Their recent tax return and W-2s or 1099s. If showing the income from the most recent year isn't sufficient, you can include the past three years.
- If You’re Using Assets: Documents showing asset ownership, value, and any debts against them and form I-864A for each person whose assets are being used.
- If You Are a U.S. Citizen: Birth certificate, passport, or naturalisation certificate.
- If You are a Permanent Resident: A copy of both sides of your green card.
- If You Are a Legal Guardian: Proof of an appointment as legal guardian of your estate and a court order permitting you to use your assets or income for the sponsored immigrant.
Translating Form I-864
A certified English translation must accompany any non-English document. Always provide the original documents, the certified translation of the original document and a statement of translation accuracy from the translator that confirms the credibility of the translation.
The Benefits Of Using Certified Translation Services for Official USCIS Documents
- Certified translators provide accurate translations that adhere strictly to the original document's content and context.
- Professionally translated documents are more likely to be accepted by USCIS without issues.
- USCIS has specific requirements and certified translators know these rules well and provide translations that meet these strict standards.
- Incorrect or incomplete translations can lead to processing delays, requests for evidence (RFEs), or even the denial of an application.
- Certified translators attach a statement of certification that affirms that the translation is accurate and complete which is required by the USCIS to accept the document as a valid translation.
- Professional translation services are bound by confidentiality agreements to protect the privacy and security of your documents.
- It saves time and effort and allows you to focus on other aspects of your application.
How to Translate Supporting Documents for I-864
To get a certified translation for your supporting documents for I-864, follow these steps:
- Visit the Translayte website.
- Click on “Order Certified Translation”.
- Select “Certified Translation”, and select the target and source language and your preferred turnover time.
- Upload the document you want to translate. Ensure the file has been named correctly.
- Select either the Standard, Specialist or Professional translation services, based on your needs and budget.
- Specify any other requests you may have for your order.
- Place your order and wait for your translation. Your translation will be delivered to you either by email or by post on or before the stipulated time.
At Translayte, we provide dependable and accurate English translations for your USCIS Form I-864, helping you sponsor your family members and employees swiftly and efficiently. We have a team of experienced translators who are experts in their respective fields to provide USCIS-certified translations. You don’t have to worry about getting your English translations on time because we prioritise efficiency and strive to deliver your translated documents in as little as 12 hours.
Trust Translayte for all your USCIS-certified translation needs and experience unmatched quality and reliability.
How Much Is The Filing Fee For I-864?
| Filing Category | Paper Filing Fee |
| I-864, Affidavit of Support Under Section 213A of the INA | $0 |
| I-864A, Contract Between Sponsor and Household Member | $0 |
| I-864EZ, Affidavit of Support Under Section 213A of the INA | $0 |
| I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support | $0 |
Tips for Completing and Filing Form I-864
To fill out form I-864 you will need:
- The principal immigrant’s name and address.
- The names of the principal immigrant’s family members and their relationship to the principal immigrant.
- Your employer and annual income.
- The annual income of any household member who intends to contribute to the financial sponsorship of the principal immigrant.
- Information about anyone you may have previously financially sponsored on Form I-864.
General Filling Tips for USCIS Forms:
- Check USCIS for forms that can be filed online. For others, download and print from the USCIS website.
- Use the most up-to-date form version. Ensure the form's edition date and page numbers are visible on all pages.
- Fill out forms accurately. Ensure all parts are completed unless instructed to skip items. Use black ink for handwritten forms.
- Always sign the form. Unsigned forms will be rejected.
- Avoid using highlighters, correction fluid, or tape on the form.
- Keep your name, date of birth, and A-number consistent across all forms. Adjust only if there's a legal name or birth date change, and provide proof.
- Pay the correct fee with each form using the Fee Calculator. Consider separate payments for multiple forms to avoid all being rejected if one has issues.
Assembling Your Submission:
- Start with payment (cheque, money order, or Form G-1450 for credit card transactions), followed by Form G-1145 for e-Notification, Form G-28 if represented, the main form, supplementary forms, and supporting documents.
- All supporting documents must be in English or accompanied by a certified translation. Include legible copies of official documents. Do not send originals unless requested.
- Submit single-sided, standard-size (8½ x 11) pages. Avoid digital media, albums, scrapbooks, or binders.
- Mark copies and photos clearly with your name. Use rubber bands or fasteners to separate multiple cases in one envelope.
Mailing Your Packet:
When sending your application and documents by mail to the USCIS, you have to organise them in an envelope or packet. Here are some things to remember when mailing this packet:
- Make sure to use the full address listed on the USCIS website, including the "Attn:" line. This helps ensure your application, petition, or request is correctly processed and sent to the right place.
- You can use USPS, FedEx, DHL, or UPS. Save your payment proof and any tracking information.
- If mailed to the wrong location, your form may be rejected and returned for correct re-filing.
- Remember to keep a copy of the entire packet for your records.
FAQs About Form I-864
How Long Does it Take to Process I-864?
There is no standard processing time for Form I-864 but the current average time is about 9 months. It is not unusual for some cases to take up to 24 months or more.
How Long is Form I-864 Valid for?
Form I-864 remains valid indefinitely from the date it is signed and submitted until the obligations under the affidavit are terminated. Once the form is properly filed with USCIS as part of an immigrant visa or adjustment of status application, it does not expire as long as the visa or adjustment application process is ongoing.
When Should I File Form I-864?
Form I-864 should be filled out if the person applying for a green card is scheduled for an interview at a U.S. consulate abroad, or if they are already in the U.S. and ready to apply for a green card using Form I-485. If you've sponsored your spouse on a K3 visa or your fiancé(e) on a K-1 visa, you'll need to file Form I-864 when they adjust their status to become a permanent resident after arriving in the U.S.
How do I Know if I Meet the Income Requirements for Form I-864?
To qualify as a green card sponsor the income requirements will vary depending on the number of children and relatives that live with you, which state you live in, and whether or not you are on active military duty for the U.S.
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