FORM I-864 AFFIDAVIT OF SUPPORT FACT SHEET

The INS requires immigrants whose visa approval is based on a family relationship to obtain a sponsor who promises to provide financial support until the sponsored immigrant either becomes a U.S. citizen or can be credited with 40 quarters of work (usually 10 years). All immediate relatives of U.S. citizens (including parents, spouses, and unmarried children under 21) and other relatives who qualify for immigration under one of the established family-based preferences must include this affidavit of support, INS Form I-864, with their adjustment or immigration visa applications. The immigrant may not complete Form I-864; only a qualified sponsor may file the affidavit on behalf of the immigrant.

Who can be a sponsor? 
A qualified sponsor must be a U.S. citizen or permanent resident who is at least 18 years of age and living in the U.S. A sponsor must also maintain an annual income equal to or greater than 125% of the federal poverty guidelines.

Which documents must be included with the Form I-864?  
To prove that the sponsor meets the minimum income requirement, the INS requires that the sponsor submit IRS transcripts of tax returns for the past three years. Transcripts can be ordered, free of charge, by sending IRS Form 4506 to the IRS. IRS Form 4506 can also be downloaded from the IRS web site: http://www.irs.gov/forms_pubs/findfiles.html (Enter keyword: 4506) or ordered by calling 1-800- 829-3676. The IRS requires about 10 working days to issue the transcript. In addition to tax transcripts, the sponsor also must provide letters from all current employers indicating the dates of employment, the nature of the job, wages or salary earned, number of hours/weeks worked, and prospects for future employment and advancement. Copies of current pay stubs or statements covering at least the past 6 months also should be provided. A sponsor’s spouse who qualifies as a household member and wishes to have his or her income counted toward the income requirement needs to complete a Form I-864A.

What if the sponsor does not meet the minimum income requirement? 
If the total income of the sponsor and any family members who have signed a Form I-864A does not meet the minimum income requirement, the sponsor can apply the value of his/her assets toward the income calculation. To qualify, the cash value of assets must equal five times the difference between the sponsor’s income and 125 percent of the poverty line for the household size.

Who can notarize the document?  
The Form I-864 must be completed and signed in the presence of a U.S. consular or immigration officer or a U.S. notary public.

What is the filing fee?  
The INS charges a $50 fee for the review of the Form I-864.

For more information about affidavits of support, search the INS (http://www.ins.usdoj.gov/) or State Department (http://travel.state.gov) web sites. One good FAQ can be found at http://travel.state.gov/i864gen.html.

(rev. 8/00)

For further information on these or any other immigration matter, please contact Miller Mayer.