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Official form guide
Form I-864: Affidavit of Support Under Section 213A of the INA
U.S. Citizenship and Immigration Services Form I-864 is the Affidavit of Support under INA §213A. Sponsors use it to promise financial support for immigrants; Item 2 is auto‑populated to “1.”
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USCIS Form I-864 - Affidavit of Support Under Section 213A of the INA
U.S. Citizenship and Immigration Services Form I-864 is the Affidavit of Support under INA §213A. Sponsors use it to promise financial support for immigrants; Item 2 is auto‑populated to “1.”
Risk Radar
Scan points- 1Submitting Form I‑864 without a valid signature will cause USCIS to reject it and block the immigrant’s residency.
- 2Submitting the affidavit without a handwritten signature leads to rejection.
- 3Attaching photocopies of tax returns without including every related W‑2 and 1099.
- 4Providing a foreign tax return without claiming exemption from filing a U.S. return.
- 5Counting the same person twice in household size, such as listing a spouse in both Item 3 and Item 6.
Plain English
Form I‑864 is a contract where a sponsor promises to financially support the immigrant so they won’t need public benefits. It must be signed, include the sponsor’s income information, and list the people the sponsor is responsible for.
Submission Date
- Filing date: Not stated in the official source.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use this form when you are the sponsor of a family‑based immigrant or a qualifying employment‑based immigrant and must demonstrate sufficient income or assets.
- Do not use it when the intending immigrant does not fall under the categories that require an affidavit of support.
- Check Form I-864P instead when you need the Federal Poverty Guidelines to calculate the required income.
Form selector
Use this form or another form?
Calculating required income level
Provides the Federal Poverty Guidelines used to determine the 125 % (or 100 % for active duty) threshold
✓ Confirm household size matches the guidelines
Determining the filing fee
Lists the current fee applicable to Form I-864
✓ Verify the fee amount on the latest version of Form G-1055
Submitting a scanned signature
USCIS accepts a photocopy, fax, or scan of the original handwritten signature for filing
✓ Ensure the scanned signature is clear and legible
Deadline or filing window
Not stated in the official source.
Checklist
What you need before filling it out
Sponsor’s Household Size
List of all persons you financially support · Your personal records
Current Annual Household Income
Proof of income (tax returns, W‑2s, 1099s) · Federal tax returns and accompanying W‑2/1099
Military Service
Evidence of active duty status · Military orders or ID
Legal guardian signature (if applicable)
Court order appointing guardian and proof of authority · Court documents
Foreign tax return reliance (if used)
Statement of non‑requirement to file US return and foreign return copy · Foreign tax documents
Before you submit
- 1Verify Item 1 (Sponsor’s name) matches your legal documents
- 2Confirm Item 3 (Spouse’s income) is included only if you count the spouse in household size
- 3Ensure Item 5 (Household size) counts each person once
- 4Check Item 8 (Current annual household income) meets at least 125 % of the Federal Poverty Guidelines for the listed household size
- 5Attach all required Form W‑2 and Form 1099 copies for each tax year provided
- 6Include a photocopy, fax, or scan of your original handwritten signature
- 7If using a legal guardian, attach the court appointment order
- 8Review Part 11 for any additional family members immigrating after six months and provide required information
How to file this form
- 1Calculate your household size and required income threshold using Form I-864P
- 2Gather tax returns, W‑2s, 1099s, and any asset documentation
- 3Complete all required items on Form I-864, including sponsor’s income and household information
- 4Sign the form; if needed, provide a photocopy, fax, or scanned copy of the original signature
- 5Attach supporting documents such as tax return copies, W‑2/1099, and legal guardian appointment if applicable
- 6Mail the completed Form I-864 and attachments to the address indicated in the filing instructions
- 7Retain a copy of the entire packet for your records as proof of filing
Known limitations
- 1Does not apply to immigrants who are exempt from the affidavit requirement, such as categories not listed as family‑based or qualifying employment‑based
- 2Active‑duty sponsors sponsoring a spouse or child use a 100 % poverty guideline threshold instead of 125 %
- 3If the sponsor is under guardianship, the legal guardian may sign, but the sponsor’s own signature is not required
Field map
Compact field-by-field guide
Petitioner Info
3 items
Your current legal name as it appears on your Green Card or U.S. passport.
Your date of birth (MM/DD/YYYY).
Your Green Card number (A-Number) if a permanent resident, or USCIS online account number.
Beneficiary Info
3 items
Full legal name of the relative you are petitioning for.
Date of birth of the relative (MM/DD/YYYY).
Alien Registration Number of the beneficiary if previously assigned.
Relationship
1 items
Select the qualifying relationship: spouse, unmarried child under 21, unmarried child over 21, married child, parent, or sibling.
Evidence
1 items
List of documents establishing the qualifying relationship (marriage certificate, birth certificate, etc.).
Signatures
2 items
Your signature certifying all information is correct under penalty of perjury.
Date you signed the form (MM/DD/YYYY).
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Fillable formOpen in Editor->The form edition expires 10/31/2027 per the instructions. The source does not indicate a separate latest‑information page or recent changes.
What changed or needs a fresh check
- Edition date — confirm the form expires 10/31/2027 per Instructions p.1
- Fee — Not stated in the official source — verify on the agency site
- Mailing address — Not stated in the official source — verify on the agency site
- Signature — confirm a photocopied, faxed, or scanned original handwritten signature is acceptable per Instructions p.5
Quick Facts
Downloads
After you file
- 1Keep the signed Form I-864 and all attachments for at least five years
- 2Monitor USCIS case status online using your receipt number
- 3If USCIS requests additional evidence, respond promptly with the required documents
- 4Retain the proof of mailing (e.g., USPS receipt) as evidence of submission
- 5Update your address with USCIS if it changes after filing
- 6If you discover an error, file a corrected Form I-864 with a cover letter explaining the correction
Sources
- SRCInstructions p.1 — purpose: required for most family‑based immigrants and some employment‑based intending immigrants
- SRCInstructions p.1 — sponsor must show income/assets at 125 % of Federal Poverty Guidelines (or 100 % if active duty)
- SRCInstructions p.5 — legal guardian may sign and must present proof of appointment and court order
- SRCInstructions p.5 — photocopied, faxed, or scanned original handwritten signature is valid for filing
- SRCInstructions p.5 — filing fee information is found on Form G-1055
- SRCInstructions p.8 — active duty sponsors select “Yes” for military service
- SRCInstructions p.9 — for family members immigrating more than six months after principal, list in Item Numbers 4‑7 and use Part 11 for extra space
- SRCInstructions p.10 — if individual income exceeds 125 % (or 100 % for active duty) of poverty guidelines, no need to include other household members’ income
- SRCInstructions p.11 — when providing photocopies of Federal tax returns, must include each Form W‑2 and Form 1099 that relates
- SRCForm p.8 — without a signature, the intending immigrant may not become a lawful permanent resident
Common confusion points
Do I need to include my spouse’s income if I already counted them in household size?
Double‑counting rules can cause confusion.
→ Ensure spouse’s income is counted only once as per Item 3 and household size guidance.
What if my individual income is below 125 % of the poverty line?
Sponsors may think they cannot proceed.
→ Add incomes of spouse, children, and dependents as instructed to meet the threshold.
Can I submit a foreign tax return instead of U.S. returns?
The rule allows foreign returns only under specific conditions.
→ Include a statement that you were not required to file a U.S. return and rely on the foreign return solely for non‑taxable income.
Is a scanned signature acceptable?
Some filers doubt the validity of electronic copies.
→ Verify the signature is a clear scan of the original handwritten signature per Instructions p.5.
Do I need to submit Form W‑2 and 1099 copies if I provide an IRS transcript?
Instructions differentiate between photocopies and transcripts.
→ Do not attach W‑2/1099 when using a transcript unless you filed a joint return and are qualifying using only your income.
What is the OAN and do I need to include it?
Filers often confuse OAN with A‑Number.
→ Include the OAN only if you have a receipt number beginning with IOE; otherwise omit it.
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Questions about USCIS Form I-864
What is USCIS Form I-864 used for?
Form I‑864 is a contract where a sponsor promises to financially support the immigrant so they won’t need public benefits. It must be signed, include the sponsor’s income information, and list the people the sponsor is responsible for.
Who must file USCIS Form I-864?
The sponsor – the person who will financially support the intending immigrant – must file USCIS Form I‑864.
What information does USCIS Form I-864 require?
The form collects the total number of immigrants being sponsored (Item 1, Part 3), marital status (Item 3), number of unmarried children under 21 (Item 4), household size (Part 5), and the sponsor’s recent tax returns (Part 6).
How do I complete USCIS Form I-864?
The sponsor types or prints answers in black ink, filling each part and using Part 11 for extra space. Each sheet must show the sponsor’s name and A‑Number, page, part, and item numbers, and be signed and dated. If tax returns are attached, a copy of every Form W‑2 and Form 1099 must accompany the photocopies, or an IRS transcript may be used. All required documents are then mailed to the address indicated by USCIS.
What happens if USCIS Form I-864 is filed incorrectly?
If the affidavit lacks a valid signature, USCIS rejects it, and the intending immigrant may not become a lawful permanent resident.
Do I need to include my spouse’s income if I already counted them in household size?
Double‑counting rules can cause confusion. Ensure spouse’s income is counted only once as per Item 3 and household size guidance.
What if my individual income is below 125 % of the poverty line?
Sponsors may think they cannot proceed. Add incomes of spouse, children, and dependents as instructed to meet the threshold.
Can I submit a foreign tax return instead of U.S. returns?
The rule allows foreign returns only under specific conditions. Include a statement that you were not required to file a U.S. return and rely on the foreign return solely for non‑taxable income.
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