How to Get an Affidavit of Support

Immigrating to the United States is a lengthy and involved process. Part of that process frequently includes obtaining a sponsor who will swear to financially support you if you are unable to support yourself while in the United States. The following article is a brief overview of obtaining an Affidavit of Support.

Part 1

Part 1 of 3:

Determining Your Need

Immigration law is very detailed, and the reviewing official has much discretion in deciding your case. Considering hiring an attorney who is skilled with immigration law and has a good working relationship with the office that will review your application. If you cannot afford a full-service attorney, consider hiring an attorney only for individual services, such as reviewing your documents or giving you legal advice.
2
Determine your proposed visa type. Not all visa types require an affidavit of support. Read the instructions for your visa type to determine whether you need one at all. Visa types that tend to require an affidavit of support include:
- Immediate relatives of US citizens
- Family-based preference immigrants
- Employment-based preference immigrants in which a family member owns a significant share of the business providing the employment
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3
Locate any exemptions. If you qualify for any exemption, you do not have to file an affidavit of support. Instead, you will file Form I-864W, Exemption for Affidavit of Support. Exemptions include:
- You can receive credit for 40 quarters of coverage under Social Security, either through your own work or qualifying work by your parents or spouse
- You are a child who will become a US citizen upon entry to the US
- You are a self-petitioning widow(er) using an approved Form I-360
- You are a self-petitioning battered spouse or child using an approved Form I-360
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Part 2

Part 2 of 3:

Determining the Requirements

1
Decide which form to use. The primary form is Form I-864; however in certain circumstances, other forms can or must be used. Except when using Form I-864A, only one form will be submitted.
- Form I-864EZ: This is a shorter version of Form I-864 and can be used if the supporting sponsor is also the immigration sponsor, there is only one immigrant listed on the Form I-130, and the income used is entirely your salary or pension verifiable on Forms W-2 provided by employers.
- Form I-864A: This is a contract between co-sponsors if the first sponsor does not meet the income and asset requirements of sponsorship.
- Form I-864W: This is the waiver form to be filed if you meet one of the above exemptions.
2
Recognize the liabilities of sponsors and co-sponsors. The purpose of the affidavit of support is to ensure the immigrant will have someone to financially provide for their needs if they are unable to pay for their own needs. This means that the sponsor will be legally liable for debts and necessities of the immigrant while the immigrant is in the United States. This includes:^{[1]XTrustworthy SourceUS Citizenship and Immigration ServicesU.S. government agency in charge of the naturalization and immigration systemsGo to source}
- Medical expenses incurred by the immigrant
- If the immigrant applies for and receives public assistance, the sponsor must reimburse the government entity that provided the assistance
- In many cases, a sponsor signing a Form I-864, I-864A, or I-864EZ can also be held liable on contractual debts incurred by the immigrant while in the United States
- Divorce from the immigrant does not terminate this responsibility
3
Locate a sponsor. In most cases, your sponsor will also be the person applying for your visa. If that person doesn’t meet the criteria for being a supporting sponsor, you will need to locate a qualifying person to swear to share in your financial support. The qualifications of a sponsor include:^{[2]XResearch source}
- Be at least 18 years of age
- Be either a US citizen or a lawful permanent resident (LPR)
- Have a domicile (residence) in the United States
- Have income and assets that equal at least 125% of the federal poverty level for the year of application (combined if using co-sponsors)
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Part 3

Part 3 of 3:

Preparing the Affidavit

1
Prepare Form I-864. Open the current version of the form from http://www.uscis.gov/i-864.
- Complete the form on the computer in CAPITAL letters or print your responses legibly in black ink.
- Follow the specific, line-by-line instructions for the current version of the form, which can be accessed at the same link. These instructions may change as the form is updated.
- Attach evidence of all income and assets listed in the affidavit.
- Attached Form I-864A if applicable.
- Consult the USCIS for the most current information about where to file the affidavit. You can do this either by calling 1-800-375-5283 or at the link above.
2
Prepare Form I-864EZ. Open the current version of the form from http://www.uscis.gov/i-864ez.
- Complete the form on the computer using CAPITAL letters or print your responses legibly in black ink.
- Follow the specific, line-by-line instructions for the current version of the form. This can be accessed from the same link and may change as the form is updated.
- Attach all pertinent W-2 forms.
- Consult the USCIS for the most current information about where to file the affidavit. You can do this either at the link above or by calling 1-800-375-5283.
3
Prepare Form I-864A. Access the current version of Form I-864A from http://www.uscis.gov/i-864a
- Complete the form on the computer using CAPITAL letters or print your responses legibly in black ink.
- Follow the specific, line-by-line instructions for the current version of the form. These instructions will be updated whenever the form is updated and can be accessed at the same link above.
- Attach evidence of all income and assets disclosed in the form.
- Attach this form to and submit it with Form I-864.
4
Prepare Form I-864W. Obtain the current version of the form at uscis.gov/i-864w.
- Complete the form on the computer using CAPITAL letters or print your responses legibly in black ink.
- Follow the specific, line-by-line instructions for the current version of the form. These instructions can be accessed at the same link, above, and will be updated periodically along with the form.
- Attach all evidence that is pertinent to your situation. Throughout the form, as types of evidence are pertinent to you, the form will instruct you to submit the documents that are required.
- Consult the USCIS for the most current information about where to file the affidavit. You can do this either at the link above or by calling 1-800-375-5283.
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