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  4. What is Form I-864, Affidavit of Support?

What is Form I-864, Affidavit of Support?

Form I-864, Affidavit of SupportForm I-864, Affidavit of Support, is required for most family-based immigrants and some employment-based intending immigrants to show that they have adequate means of financial support and are not likely to become a public charge.

It’s a contract between a sponsor and the U.S. government. The sponsor promises to support the intending immigrant if he or she is unable to do so on their own.

RECOMMENDED: Public Charge Rule Explained

Eligibility to Be a Sponsor

A sponsor completes Form I-864, Affidavit of Support, on behalf of the intending immigrant. Generally, the sponsor must:

  • Be a U.S. citizen, U.S. national or lawful permanent resident age 18 or older;
  • Have income 125% above the federal poverty line; and
  • Prove the United States is his or her country of domicile.

RECOMMENDED: Income Requirements to Sponsor a Green Card Holder

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Who Prepares Form I-864 Affidavit of Support

At the time of applying for a green card, the following immigrants are required by law to submit Form I-864 completed by the sponsor:

  • All immediate relatives of U.S. citizens (spouses, unmarried children under 21 years of age, and parents of U.S. citizens 21 years of age and older);
  • All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens 21 years of age and older); and
  • Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition.
Source: USCIS