I 864 Affidavit Of Support – Who Should File?

I 864 Affidavit of Support is an authenticated document which is declared and verified by the executant. The family based immigrants and the employment based immigrants planning to move into the US require this form to declare that there is enough means of support. In other words, it is a legal binding contract between the sponsor, the immigrant and the federal and the state governments.

Affidavit of support:

If you wish to bring your relative to the US and support him financially, you become a sponsor for the relative. Form I 864 affidavit of support is completed by the petitioner or sponsor to accept the responsibility of financially supporting him/her. The following intending visa applicants require the affidavit of support signed by the petitioner:

Most of the family based immigrants

Some of the employment based immigrants who are petitioned by a business or a relative, in which the relative has a greater ownership interest.

All the immediate relatives of the US citizens and orphans require the form I 864 under one of the family based preferences.

The form I 864 affidavit of support is completed by a sponsor. The sponsor basically should be at least 18 years of age, be a US citizen or a permanent resident and specifically should have a domicile in the US. Though the sponsor or petitioner is temporarily residing abroad due to family and work reasons, he can be a sponsor subject to certain conditions – has intended to maintain the residence in the US and has proof that he/she has continuous ties with the US. When the primary sponsor is not able to meet the income requirements, a joint sponsor can file form I 864 affidavit of support for all the family members if required.

If you are US citizen, you can file form I 864 for the following members:


unmarried children under and over 21 years of age

married children of any age

siblings and parents if you are at least 21 years of age

If you are a Legal Permanent resident or green card holder, you can petition for your:


children (son or daughter) of any age

Apart from the above, you must meet the income requirements. You income must not be less than 125 percent of the US poverty guideline for your household size, which includes your dependents, the relatives and the immigrant you are sponsoring. If you are sponsor and are on active duty in the armed forces, your income level can be 100 percent of the US poverty level. In case you are not able to meet the income requirements, you can add the cash value of your assets such as bonds, property, savings, etc.

After gathering the necessary information, you can file the form I 864 affidavit of support with required supporting documents. The sponsor should submit the federal income tax return for the three years and proof of the current employment as well. Once the application is complete, it has to be signed and this packet of information is provided to the relative to file with the his/her application for permanent residence. In case you are instructed to file with the NVC you can go ahead. As I 864 form seems to be complex utmost care is taken while completing the form.


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