I864 Affadavit of Support
The Affidavit of Support, Form I-864, is required to show that an intending immigrant has adequate means of financial support while in the United States and is not likely to become a public charge. By executing this form, the sponsor/joint sponsor agrees to support the intending immigrant and any spouse and/or children immigrating with him or her and to reimburse any government agency or private entity that provides the sponsored immigrant with Federal State or local means tested public benefits. The sponsor/joint sponsor’s obligation continues until the sponsored immigrant becomes a U.S. citizen, can be credited with 40 qualifying quarters of work, departs the United States permanently, or dies. Divorce does not terminate the obligation.
Who requires an I-864?
- A person qualifying for immigration in the immediate relative category as a spouse, child, including orphans, or parent of a U.S. citizen;
- A person qualifying for immigration in the family based preference categories as the unmarried son or daughter, married son or daughter, and brother/sister of a U.S. citizen and spouse and unmarried child of a Lawful Permanent Resident; and
- A person qualifying for immigration in the employment based preference categories where a family member filed the immigrant visa petition, form I-140, or the family member has a 5% or more ownership interest in the company which filed the immigrant visa petition, form I-140
What about the fiancé(e) of a U.S. citizen who is applying for a fiancé(e) visa?
An I-864 is not required when applying for a fiancé(e) visa. An I-864 will be required at the time the fiancé(e) visa holder applies to adjust his or her status from nonimmigrant to conditional resident with the United States Citizenship and Immigration Services(USCIS).
Applications processed by the Immigrant Visa Unit
If the Immigrant Visa Unit at the Embassy is processing your visa application, the petitioner will be required to complete the form I-864 by the time of your visa interview; you will be required to furnish the I-864 on the day.
Click on the following link for a list of FAQs for applicants applying for a visa through the Immigrant Visa Unit.
The Form I-864 (including Poverty Guidelines) is available from the Department of State website.
Applications Processed by NVC
If the National Visa Center is processing your immigrant visa application, the petitioner will be required to complete and submit the Form I-864 before you begin processing your application. Please follow this link for further information.