Form I-864, Affidavit of Support Under Section 213A of the Act

Form I-864

Form I-864 is used for most family-sponsored immigrants and some employment based immigrants in order to demonstrate adequate means of financial support and that the applicant is not likely to become a public charge.

Form I-864 is required to be completed by the petitioner to obtain an immigrant visa overseas or to adjust status tot heat of a lawful permanent resident in the United States. The following immigrants must file Form I-864:

1. All immediate family members of United States citizens (spouses, unmarried children under the age of 21 and parent of United States citizens age 21 and older;
2. All family based preference immigrants (a list is provided in Form I-864 instructions); and
3. Employment based preference immigrants in cases only when a United States citizen or lawful permanent resident relative filed the immigrant visa petition or such family member has a significant ownership interest (five percent or more) in the business entity that filed the petition.

A sponsor must complete and sign Form I-864. Pursuant to Form I-864 a sponsor must be at least 18 years of age, domiciled in the United States. Detailed descriptions of who must become sponsors for purposes of Form I-864 include the United States citizen who filed the Form I-130 for a family member, Form I-129 for a fiance(e), or Form I-600 or Form I-600A for an orphan. For employment based immigrant visa petitions, the United Sates citizen or permanent resident who filed an employment based petition for a family member must complete and sign Form I-864.