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Immigration and Naturalization Services

IMPORTANT NOTICE FOR SPONSORS
READ THIS BEFORE SUBMITTING FORM I-864

Please use this check list to assemble Form I-864 affidavit of support documents. Due to heavy workload considerations, the Visa Section will not accept affidavits of support that are incomplete or have not been assembled correctly.

(Note: This form is for your personal reference. You do not need to return it with the completed I-864.)

Who Needs an I-864?

Applicants for family-based immigrant visas, including orphans. (Self-petitioning widow/ERs and battered spouses and children of U.S. citizens are exempt from this requirement.)

Applicants for employment-based immigrant visas where a relative filed the immigrant visa petition or has a 5 percent or greater ownership interest in the business that filed the petition.

CHECKLIST FOR PREPARING THE I-864

Documents should be submitted in the following order:

I. Petitioner's documents:

Complete federal tax returns with all supporting schedules for the 3 most recent tax years. Each year's return must have all pages in the correct order and must be stapled together.

 

bulletForm I-864. The petitioner in family-based cases, or the relative who either filed the petition or has ownership interest in the petitioning company in employment-based cases must complete an I-864 even if a joint sponsor submits an affidavit of support.
bulletAll pages in correct order, 1, 2, 3, 4, 5, 6, and stapled together.
bulletEach page filled out completely.
bulletPart 7 signed by the petitioner (for employment-based cases, the relative) and notarized.
bulletIf you did not have to file a tax return:
bulletAttach a written explanation and a copy of the instructions from the Internal Revenue Service publication that shows you were not obligated to file. (Pages 7 and 8 of the 1997 1040 Instructions provide information on most income tax obligations.)
bulletIf assets are needed to meet the minimum income requirement:
bulletEvidence of assets with a cash value that equals at least five times the difference between your total household income and the poverty guideline for your household size.
Example for a household size of 4:

                    poverty guideline	     $20,062
		     sponsor's income	     $18,000
  		           Difference	    $  2,062
		        Multiply by 5	      x    5
Minimum required cash value of assets	     $10,310              
bulletEvidence of ownership, location and the value of each asset
bulletEvidence of liens, mortgages and liabilities for each asset (if any)
bulletEvidence of current employment or self-employment, such as a recent pay statement or a statement from your employer on business stationery, showing beginning date of employment, type of work performed and salary or wages paid.

II. Joint Sponsor's documents (if required):

Complete federal tax returns with all supporting schedules for the 3 most recent tax years. Each year's return must have all pages in the correct order and must be stapled together.

 

bulletForm I-864 completed by a joint sponsor if the petitioner's income does not meet the 125% income requirement. Note: The petitioner must also submit an I-864.
bulletAll pages in correct order, 1, 2, 3, 4, 5, 6, and stapled together.
bulletEach page filled out completely.
bulletPart 7 signed by the joint sponsor and notarized.
bulletIf you did not have to file a tax return:
bulletAttach a written explanation and a copy of the instructions from the Internal Revenue Service publication that shows you were not obligated to file. (Pages 7 and 8 of the 1997 1040 Instructions provide information on most income tax obligations.)
bulletIf assets are needed to meet the minimum income requirement:
bulletEvidence of assets with a cash value that equals at least five times the difference between your total household income and the poverty guideline for your household size.
Example for a household size of 4:

                    poverty guideline	   $20,062
		     sponsor's income	   $18,000
	                   Difference     $  2,062
			Multiply by 5	     x   5
Minimum required cash value of assets	   $10,310              
bulletEvidence of ownership, location and the value of each asset
bulletEvidence of liens, mortgages and liabilities for each asset (if any)
bulletEvidence of current employment or self-employment, such as a recent pay statement or a statement from your employer on business stationery, showing beginning date of employment, type of work performed and salary or wages paid.
bulletProof of U.S. citizenship or lawful permanent resident status

III. Household Members whose income and assets are to be considered:

bulletA separate Form I-864A for each household member whose income and assets are to be considered.
bulletEach page filled out completely and stapled together.
bulletAll tax, employment and asset documents must be assembled in the same manner as the sponsor's (see above) and attached to the correct I-864A.
bulletProof of U.S. citizenship or lawful permanent resident status
bulletPart 2 and Part 5 completed by sponsor and notarized
bulletPart 3 or Part 4 and Part 6 completed by the household member and notarized

IV. Documents for the principal immigrant and accompanying dependents:

bulletPrincipal Applicant: Original signed and notarized I-864 and I-864A (if needed) and one complete set of supporting documents (tax records, employment letters, etc.) are needed for each principal immigrant. All accompanying dependents must be listed in Part 3 of the I-864 and Part 2 of the I-864A.

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