In-Laws And I-864: Who Can Be A Sponsor?

Form I-864, also known as the Affidavit of Support, is a legally binding contract between the petitioner (sponsor) and the U.S. government. The sponsor is typically a US citizen or permanent resident, and they promise to financially support the immigrant without relying on public assistance from the government. The form can be filled out online or printed and completed by hand, and it must be signed. While the sponsor's spouse can complete an I-864A to include their income, a separate sponsor from outside the household can also fill out an additional I-864 Affidavit of Support if the petitioner's income is insufficient. This separate sponsor can be anyone, provided they are an LPR or US citizen, over 18, and domiciled in the US.

Who can be a sponsor?

A sponsor is an individual who signs an affidavit of support, agreeing to use their financial resources to support the intending immigrant named on the affidavit. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. The sponsor must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.

The sponsor must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially support a visa applicant. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. The sponsor must prove the nature and amount of non-taxable income. Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099.

If the sponsor does not meet the 125% income requirement but has significant assets, they may still qualify. If the sponsor plans on using assets to meet the income requirement, it is recommended to speak with an experienced attorney. The sponsor must also provide their U.S. federal income tax return for the most recent tax year as well as proof of current employment.

The sponsor's responsibility usually lasts until the family member or other individuals either become a U.S. citizen or are credited with 40 quarters of work (usually 10 years). The sponsor may also be asked to sign a Form I-864 for a U.S. friend or relative who is sponsoring an immigrant if the main sponsor does not earn enough to support the immigrant alone. This additional sponsor is called a joint sponsor or co-sponsor.

What are the sponsor's obligations?

The Form I-864, also known as the Affidavit of Support, is a legally enforceable contract between the sponsor and the United States government agency. The sponsor must be a US citizen or permanent resident, over 18, and domiciled in the United States.

The sponsor's responsibility to the immigrant spouse usually lasts until either of them becomes a US citizen or until the immigrant is credited with 40 quarters of work, which is typically 10 years. The sponsor must also ensure that the immigrant does not become a public charge.

The sponsor must have an annual income of at least 125% of the Federal Poverty Guidelines. The sponsor's income, as well as that of the spouse, unmarried children under 21, anyone counted as a dependent on the last tax return, the intending immigrant, and any derivatives immigrating within six months of the principal beneficiary, will be considered. The sponsor must also provide their US federal income tax return for the most recent tax year as well as proof of current employment.

If the sponsor's income is insufficient, a separate sponsor or "joint sponsor" from outside the household can fill in an additional I-864 Affidavit of Support on the immigrant's behalf. The joint sponsor's liability is the same as that of the primary sponsor.

The sponsor must also agree to support the immigrant without relying on public assistance from the US government. Certain benefits, such as emergency Medicaid, school lunches, job training programs, and immunizations, are not considered by the government as means-tested benefits obligating the sponsor to repay.

What are the financial requirements?

The I-864 form is used to show that an immigrant has adequate means of financial support and is not likely to rely on the U.S. government for financial support. It is a contract between the sponsor (petitioner) and the U.S. government. The sponsor promises to financially support the immigrant without relying on public assistance from the U.S. government. The sponsor must meet a minimum income level, called the Federal Poverty Guidelines, to financially sponsor a visa applicant. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met.

The sponsor must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. If the sponsor is self-employed, they should use the adjusted gross income reported in line 22 of the 1040, after all deductions have been made, rather than the gross income reported in Schedule C. The sponsor must indicate their "current individual annual income," or what they anticipate earning that calendar year.

If the sponsor's income is insufficient, they have two choices: they can find a "joint sponsor" who will agree to financially support the visa applicant, or they can use the income of a household member to meet the Poverty Guidelines. If the latter option is chosen, the household member must complete a separate agreement with the sponsor, using Form I-864A. The sponsor must include the household member's relationship to them and the household member's current individual income.

The form can be filled out on a computer on the USCIS website, or printed out and filled out by hand. If filling out the form by hand, it is best to type the answers or write with black ink. If more space is needed, one can go to the end of the form to Part 11, "Additional Information." If that is still not enough, one can attach a separate sheet of paper to the form. On each such sheet, one must provide their name and alien registration number (if they have one) at the top, and indicate the page number, part number, and item number to which each answer refers. One must sign and date each sheet.

The form must be completely and accurately filled out, particularly the required fields. It must be signed, or else it will be rejected. One must give the completed form and supporting documents to the immigrant they are sponsoring to file with their Form OF-230 or Form I-485.

What forms are needed?

The I-864 form is an affidavit of support under Section 213A of the Immigration and Nationality Act (INA). It is a contract between the petitioner (sponsor) and the US government. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. The sponsor promises to financially support the immigrant without relying on public assistance from the US government.

The form can be filled out on a computer on the USCIS website or printed out and filled in by hand. If you use a hard copy, it's best to type your answers or write in black ink. If you need more space, you can go to the end of the form, where you'll find Part 11, "Additional Information". If you still need more space, you can attach a separate sheet of paper to the form.

USCIS offers two versions of this form: the standard I-864 and a shorter I-864EZ for use by petitioners who sponsor only one person on the Form I-130 petition and use only a salary or pension as income (no assets), with that income shown on one or more Forms W-2 provided by an employer(s) or former employer(s).

If the sponsor is on active duty in the US Armed Forces and is sponsoring their spouse or child, their income only needs to equal 100% of the US poverty level for their household size. If the sponsor cannot meet the minimum income requirements, they can add the cash value of their assets, including money in savings accounts, stocks, bonds, and property.

If the sponsor needs the income of their spouse to satisfy the 125% of the poverty requirement, the spouse will complete an I-864A and include their income on Part 6, line 6c. If the sponsor is self-employed, they should not use the gross income reported in Schedule C but instead use the adjusted gross income reported in line 22 of the 1040, after all deductions have been made.

If the sponsor is using the income of people in their household or dependents to qualify, a separate Form I-864A is required for each person whose income will be used. An intending immigrant whose income is being used must complete Form I-864A only if their spouse and/or children are immigrating with them.

How to fill out the form?

Form I-864, also known as the "Affidavit of Support Under Section 213A of the INA", is used by most family-based immigrants and some employment-based immigrants to demonstrate that they have sufficient financial support and are unlikely to rely on the US government for financial assistance. It is a contract between the petitioner (sponsor) and the US government. The sponsor promises to financially support the immigrant without relying on public assistance from the US government.

Part 1: Basis for Filing Affidavit of Support

• The sponsor must select one of the following options:
• A) I am the petitioner or applicant on the immigrant visa petition or application on behalf of the person(s) listed in Part 2.
• B) I am the petitioner on Form I-129F, Petition for Alien Fiancé(e), for the person(s) listed in Part 2.
• C) I am the petitioner on Form I-130, Petition for Alien Relative, for the person(s) listed in Part 2.
• D) I am the applicant on Form I-485, Application to Register Permanent Residence or Adjust Status, for myself and/or the person(s) listed in Part 2.
• E) I am the beneficiary of an approved employment-based immigrant visa petition (Form I-140, Form I-360, or Form I-526) and/or have an approved application for adjustment of status (Form I-485) based on employment.
• F) Other (explain and provide supporting documentation).

Part 2: Information About the Person(s) You Will Support

List the name, date of birth, and relationship of each person you will support.

Part 3: Your Information

Provide your name, date of birth, address, and contact information.

Part 4: Your Household Size

Indicate the total number of people in your household, including yourself and any other family members or dependents.

Part 5: Your Employment and Income Information

Provide details about your employment status, occupation, and income.

Part 6: Sponsor's Employment and Income (continued)

Calculate and enter your total annual household income, including your income and the income of any household members you listed in Part 4.

Part 7: Your Assets and Liabilities

List any assets you own, such as bank accounts, property, or vehicles, and provide information about any liabilities or debts you have.

Part 8: Contract Between Sponsor and Household Member(s)

If you are including the income of household members in your sponsorship, they must complete this section and sign Form I-864A.

Part 9: Sponsor's Certification

The sponsor must review and sign this section, certifying that they understand the obligations and penalties associated with sponsoring an immigrant.

Part 10: Sponsor's Signature

The sponsor must sign and date the form, and provide their contact information.

Part 11: Additional Information

Use this section if you need extra space to provide additional information. Indicate the page number, part number, and item number to which your answer refers. You must sign and date each page.

Submission:

• You can fill out Form I-864 on the USCIS website or print it out and fill it out by hand. If filling out by hand, it is best to type your answers or write with black ink, staying within the spaces provided.
• If submitting within the US, mail Form I-864 with Form I-485 to the Department of State, which charges a fee. If submitting from outside the US, upload a scanned copy of the signed form to the applicant's online CEAC account.
• Only the most recent tax return needs to be submitted with Form I-864. Provide photocopies of supporting documents, as original documents may be destroyed by USCIS.

Frequently asked questions