If you are bringing a relative to live permanently in the United States, you must accept legal responsibility for financially supporting this family member. You accept this responsibility and become your relative's sponsor by completing and signing a document called an affidavit of support.

I-864 is a legally binding commitment to act as the financial sponsor of the applicant, once he/she arrives in the United States and your financial responsibility continues until the applicant is either credited with 40 quarters (usually 10 years) of work or until he/she becomes US citizen.

Sponsor needs to fill form I864, Affidavit of Support, for

• Applicants for family-based immigrant visas, including orphans(IR-4).
  
  For immediate relatives and family-based immigrants, the family member petitioning for the intending immigrant must be the sponsor.
  
  
• 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.
  
  For employment-based immigrants, the petitioning relative or a relative with a significant ownership interest (5 percent or more) in the petitioning entity must be the sponsor. The term ''relative,'' for these purposes, is defined as husband, wife, father, mother, child, adult son or daughter, brother, or sister.

A sponsor, or joint sponsor, must be:

• A citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence;
• At least 18 years of age; and
• Domiciled in the United States or its territories and possessions.

I-864 is a complex form. You should take care in filling it as incomplete or incorrect form will not be accepted. You may enclose the affidavit of support and accompanying documents in a sealed envelope to be opened only by the designated Government official.

If the beneficiary will be interviewed for an immigrant visa at any other U.S. consular office, sponsor needs to send Affidavit of Support (Form I864 and any accompanying I-864A forms) to the beneficiary directly so that, depending upon the consulate they will be applying to, they can send either send it it to NVC as part of the package of documents that they need to send to NVC or take it to the consulate for an interview. If you need to send it to NVC, send a copy to the alien relative to carry it to the interview. If the relative is legally in the U.S., is doing Adjustment of Status (I-485), I-864 must be submitted along with I-485 application. If you have a joint sponsor, the joint sponsor must also complete USCIS Form I-864 at this time. If you are using the income of other household members to qualify, then each household member who is accepting legal responsibility for supporting your relative must complete a separate USCIS Form I-864A, Contract Between Sponsor and Household Member. If you are given specific instructions to file your affidavit of support directly with the National Visa Center, you should follow those instructions.

All relatives for whom you file a separate I-130 or I-140 petition must have an original affidavit of support and accompanying documentation (tax records, employment letters, etc).

All accompanying dependents must be listed in Part 3 of the I-864 and Part 2 of the I-864A. The principal applicant and accompanying family members need only one complete set of documents prepared in support of the I-864 Affidavit of Support. Each accompanying family member must have either an original or photocopy of I-864 (and I-864A if needed) for the principal applicant. Each photocopy must have an original, notarized signature. Photocopies of the signature and notarization will not be accepted. Copies may be used only for dependents whose names appear on the principal applicant's original petition. Copies of supporting documents are not required for accompanying family members applying for immigrant visas (Consular Processing) or Adjustment of Status together with the principal applicant. For purposes of this form, a spouse or child is immigrating with an immigrant you are sponsoring if he or she is: 1) listed in Part 3 of affidavit of support; and 2) applies for an immigrant visa or adjustment of status within 6 months of the date this affidavit of support is originally completed and signed.
Family members who travel later (follow-to-join) will require one complete set of the documents prepared in support of the principal applicant's I-864. Each individual applicant must present an I-864 Affidavit of Support with original, notarized signatures.

Exceptions to filing I-864:
The I-864 can only be used in the specified categories (most family-based and certain employment-based cases). All other cases must use the I-134 if an affidavit of support is needed. Income requirements do not apply to all immigrant visa applicants if they are supposed to use the I-134. The 125 percent minimum income requirement, the need for the last three years income tax returns, etc. only apply to those cases in which an I-864 is required. All other cases will be adjudicated on the basis of previously existing guidance and procedures.

• The following applicants for family immigrant visas do not need an I-864:
  • Biological (natural-born) children of American citizens (IR-2 immigrant visa category) who will enter the United States when under the age of eighteen and will automatically acquire American citizenship and who are living with and in legal custody of U.S. citizen parent
    
    
  • Adopted children in the IR-3 category also are not required to have an I-864 in the following circumstances: have a full and final adoption decree, and living with and in legal custody of U.S. citizen parent, and entering the U.S. under the age of 18.
    
    
  • Self-petitioning widow/ers and battered spouses and children of U.S. citizens. (IW immigrant visa category)
    These individuals file Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant.)
    
    
  • Immigrants who have already worked or can be credited with 40 qualifying quarters of work as defined in title II of the Social Security Act.
    
    It is important to note that, in calculating the qualifying quarters that may be credited to an intending immigrant, the intending immigrant may not count any qualifying quarters worked during any period after December 31, 1996, in which the person who claims to have worked the qualifying quarters received a Federal means-tested public benefit.
    
    
  • If you are sponsoring your spouse and if you have already worked 40 quarters WHILE you were married to your current spouse.
  
  The applicants must show, however, that they will not become a public charge. This can be shown with documents such as recent income tax returns (1040), job letters and bank statements. A consular officer may ask for an I-134 Affidavit of Support and supporting documents.
  
  
• I-864 is NOT required for non-immigrant visas such as visitor visas or other types of aliens, including parolees, students, and diversity immigrants.
  
  
• Fiancé visas(K1 visas) are technically non-immigrant visa applicants, and hence they should use the I-134. They will have to submit an I-864 to USCIS at the time of adjustment of status to conditional immigrant in the United States after they are married, however.
  
  
• Diversity Visa (DV) or Returning Resident (SB) applicants should use the I-134.

Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required.

When the beneficiary has already worked, or can be credited with, the 40 qualifying quarters at the time of filing for the I-485 or the immigrant visa, I-864 is not required as it would server no purpose, since there would be no support obligation.

In certain cases, a person can be credited with qualifying quarters worked by someone else. The beneficiary can claim all quarters worked by a parent prior to the beneficiary's 18th birthday, even including time worked before the beneficiary was born to or adopted by the parent. However, one can claim qualifying quarters worked by a spouse only if one is still married to that spouse or if the spouse has died. Only those quarters worked during the marriage can be claimed.

If the applicable person (beneficiary or spouse or parent for whose work the beneficiary is claiming credit) received any means-tested federal financial assistance during any of those quarters, those quarters cannot be claimed as "qualifying quarters."

Responsibilities as a sponsor
When you sign the Affidavit of Support, you accept legal responsibility for financially supporting the sponsored immigrant(s) until they become U.S. citizens or can be credited with 40 quarters of work. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. Divorce does not terminate this obligation. If the immigrant receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. When in doubt, ask the benefit provider whether the benefit is a "means-tested public benefit."

Currently, Federal means-tested public benefits include Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (CHIP). States and local jurisdictions may also designate certain of their programs as means-tested public benefits.

The following types of programs are not counted as means-tested public benefits: emergency Medicaid; short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; student assistance under the Higher Education Act and the Public Health Service Act; certain forms of foster-care or adoption assistance under the Social Security Act; Head Start programs; means-tested programs under the Elementary and Secondary Education Act; and Job Training Partnership Act programs.

Income requirements
You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). You must show that your household income is equal to or higher than 125 percent of the U.S. poverty level for your household size (See table below.) Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring. For example, if you have a spouse and two children and you want to sponsor your brother and his wife, you must prove that your household income is equal to or higher than 125 percent of the U.S. poverty level for a family of six, or $33,500, from the table below. You must also include in your household size any immigrants you have previously sponsored under this part of the law. In the above example, if you had previously sponsored your parents and your sister, your household size would be nine persons and you would need a household income of $46,250 ($42,000 + $4,250).

If you, the sponsor, are on active duty in the Armed Forces of the United States, and the immigrant you are sponsoring is your spouse or child, your income only needs to equal 100 percent of the U.S. poverty level for your family size.

These poverty guidelines remain in effect for use with the Form I-864 Affidavit of Support from March 1, 2008 until new poverty guidelines go into effect in the Spring of 2009.

If you are currently employed and have an individual income which meets or exceeds 125 percent of the Federal poverty line or (100 percent, if applicable) for your household size, you do not need to list the income of any other person. When determining your income, you may include the income generated by individuals related to you by birth, marriage, or adoption who are living in your residence, if they have lived in your residence for the previous 6 months, or who are listed as dependents on your most recent Federal income tax return whether or not they live in your residence. For their income to be considered, these household members or dependents must be willing to make their income available for the support of the sponsored immigrant(s) if necessary, and to complete and sign Form I-864A, Contract Between Sponsor and Household Member. However, a household member who is the immigrant you are sponsoring only needs to complete Form I-864A if his or her income will be used to determine your ability to support a spouse and/or children immigrating with him or her.

If in any of the most recent 3 tax years, you and your spouse each reported income on a joint income tax return, but you want to use only your own income to qualify (and your spouse is not submitting a Form I-864A), you may provide a separate breakout of your individual income for these years. Your individual income will be based on the earnings from your W-2 forms, Wage and Tax Statement, submitted to IRS for any such years. If necessary to meet the income requirement, you may also submit evidence of other income listed on your tax returns which can be attributed to you. You must provide documentation of such reported income, including Forms 1099 sent by the payer, which show your name and Social Security number.

If you cannot meet the minimum income requirements using your earned income, you have various options:

• You may add the cash value of your assets such as money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125 percent of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
  
  Example for a household size of 4:

  125 percent of 2008 poverty guideline	$26,500
  sponsor's income	$19,500
  Difference	$7,000
  Multiply by 5	x5
  Minimum Required Cash Value of Assets	$35,000

  
  
• You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
  
  
• You may count the assets of the relatives you are sponsoring.
  
  The intending immigrant will be able to count significant assets that he or she owns that are currently outside the United States, such as real estate or personal property, under the following conditions:
  • The assets must be readily convertible to cash within 12 months;
  • The applicant must clearly demonstrate the ability to take the money or assets out of the country where they are located. Many countries have strict regulations which severely limit the amount of cash or liquid assets an individual may take or send abroad;
  • The assets equal at least five times the difference between the sponsor's income and 125 percent of the poverty line for the indicated household size.
  
  
• A joint sponsor assumes the liability of the intending immigrant with the petitioner, in addition to the affidavit of support signed by the visa petitioner. A joint sponsor must execute a separate affidavit of support on behalf of the intending immigrant and any accompanying family members. A joint sponsor must individually meet the minimum requirement of 125 percent of the poverty line based on his or her household size (which includes: the sponsor; all household members related by blood, marriage or adoption residing in his or her household; all dependents, including those not residing in the same household, claimed on the sponsor's most recent income tax return; any individual(s) for whom the sponsor has filed a separate I-864 which is still in effect; the principal applicant; and the applicant's accompanying dependents) and income and/or assets, including any assets of the sponsored immigrant. The joint sponsor does not need to be related to the immigrant. You cannot combine your income with that of a joint sponsor to meet the income requirement. There can not be separate joint sponsors for separate members of the beneficiary's family.
  
  

The Government may pursue verification of any information provided on or in support of this form, including employment, income, or assets with the employer, financial or other institutions, the Internal Revenue Service.

Even when given the contractual nature of the I-864, affidavit of support, and the prohibition of most federal means-tested public benefits to most aliens, consular officers still need to look beyond a "sufficient" affidavit of support for other public charge issues. Section 212(a)(4)(B) lists the factors a consular officer should take into consideration when making public charge determinations. A Section 213A affidavit of support, I-864, is only one of the factors to be considered. Consular officers will continue to consider the totality of the sponsor's and applicant's financial situations to confirm to the extent possible that the applicant will have adequate financial support and is not likely to become a public charge.

I-864P, Latest Poverty Guidelines

Evidence of Income
In order to complete this form you must submit the following evidence of income:

• A copy of your complete Federal income tax return, as filed with the Internal Revenue Service, for each of the most recent 3 tax years. If you were not required to file a tax return in any of the most recent 3 tax years, you must provide an explanation. If you filed a joint income tax return and are using only your own income to qualify, you must also submit copies of your W-2s for each of the most recent 3 tax years, and if necessary to meet the income requirement, evidence of other income reported on your tax returns, such as Forms 1099.
• If you rely on income of any members of your household or dependents in order to reach the minimum income requirement, copies of their Federal income tax returns for the most recent 3 tax years. These persons must each complete and sign a Form I-864A, Contract Between Sponsor and Household Member.
• Evidence 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. You must also provide evidence of current employment for any person whose income is used to qualify.

Poverty guidelines changes
If the poverty guidelines change between the time the petitioner signed the I-864 and approval of an immigrant visa, the petitioner/sponsor need not submit a new I-864. As long as the I-864 was submitted to a consular officer within six months of the date it was signed and notarized, a new I-864 is not required. However, the petitioner/sponsor must meet the minimum income requirement based on the poverty guidelines in effect on the date of visa issuance, not those in effect at the time the form was signed.

Counting assets
The petitioner/sponsor may count assets to meet the 125 percent minimum income requirement. The sponsor would count his/her income first. If not sufficient s/he may count personal assets and/or the income and assets of qualifying household members who have signed an I-864A. If, using all of those sources, the minimum income requirement is met, the affidavit would be "sufficient." To be counted, 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 indicated household size.

Petitioners/sponsors who receive housing and other tangible benefits in lieu of salary can count those benefits as income. The sponsor may rely on income that is not subject to taxation (such as a housing allowance for clergy or military personnel), as well as taxable income. In a given case, however, the sponsor would bear the burden of proving the nature and the amount of any income on which he or she relies, but that is not included as wages/salary or other taxable income. Evidence of such income can be shown through notations on the W-2 Form (such as box 13, for military allowances), Form 1099, or other documents that substantiate the claimed income.

Under certain circumstances, a visa applicant's steady income, which will continue after his/her obtaining lawful permanent resident status, can be counted with the sponsor's income. In order for the income to be counted, the applicant must have resided in the sponsor's household for six months prior to the completion of the Affidavit of Support. The applicant will be required to clearly demonstrate that the income will continue after his/her taking up residence in the United States.

A credible offer of employment for the visa applicant can not replace or supplement an insufficient affidavit of support. The law does not make any provision for the consideration of offers of employment in lieu of the I-864. Similarly, an offer of employment may not be counted in reaching the 125 percent minimum income. Such an offer can be taken into account in assessing the applicant's ability to overcome any public charge grounds of inadmissibility.

All assets must be supported with evidence to verify location, ownership, and value of each asset. Any liens and liabilities relating to the assets must be documented. List only assets that can be readily converted into cash within one year. Evidence of assets includes, but is not limited to the following:

• Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which you have deposits, including deposit/withdrawal history for the last 12 months, and current balance;
• Evidence of ownership and value of stocks, bonds, and certificates of deposit, and date(s) acquired;
• Evidence of ownership and value of other personal property, and date(s) acquired; and
• Evidence of ownership and value of any real estate, and date(s) acquired.

Expiration
In general, the I-864 must be submitted to the consular officer in an immigrant visa interview within one year of the sponsor's signature. If it is submitted after one year, a new I-864 will be required.

After the I-864 has been submitted to and accepted by a consular officer (in the immigrant visa interview), it does not expire. However, if the supporting documents are more than 12 months old, the consular officer will ask for new supporting documents, such as the most recent federal income tax returns (1040) and a current employment letter.

Death of sponsor
Typically, when the visa petitioner dies, the approved I-130 originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”.

In order to seek reinstatement of the visa petition, you must submit a statement to the USCIS office where the original visa petition was filed formally requesting reinstatement of the visa petition. The statement should list reasons why your case warrants reinstatement, such as your ties to the United States, or hardship that would occur to you if the request for reinstatement were not granted.

You must also include with your reinstatement request a Form I-864 Affidavit of Support completed by a “substitute sponsor”. A substitute sponsor must be a citizen or national, or an alien lawfully admitted for permanent residence, at least 18 years of age, and resident in the United States. A substitute sponsor must also be related to you as one of the following: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. This substitute sponsor is filing the I-864 in place of the deceased petitioner, and must meet all of the financial requirements of a sponsor pursuant to INA 213A.

With your reinstatement request you must provide documentary evidence of the death of the original petitioner, plus documentation of the relationship between you and the substitute sponsor. Finally, include a copy of your approved I-130, if available.

If the sponsor dies after the principal applicant has immigrated to the United States but before all qualified family members who are following to join have immigrated, they can obtain another sponsor and any qualified person may serve as the sponsor in such circumstances. The death of a sponsor terminates any obligation to the sponsored immigrant(s) but the sponsor's estate remains liable for any requests for repayment of benefits that arose prior to the sponsor's death.

Substitute sponsor
A substitute sponsor is a sponsor who files an I-864 Affidavit of Support in place of a visa petitioner who has died. In order to be a “substitute sponsor,” you must be related to the intending immigrant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. You must also be a U.S. citizen or national or an alien lawfully admitted for permanent residence, be at least 18 years of age, domiciled in the United States, and meet all of the financial requirements of a sponsor pursuant to INA 213A.

Should the request for reinstatement be approved, and the intending immigrant ultimately obtains permanent residence in the United States, you will assume all of the obligations of a I-864 sponsor.

In order to be a “substitute sponsor,” complete Form I-864 and submit it to the USCIS office where the revoked visa petition (Form I-130) was originally filed, along with a statement from the intending immigrant formally requesting reinstatement (See reinstatement above) and evidence that you are related to the intending immigrant in one of the ways listed above.

Armed forces
The Coast Guard and Merchant Marine are considered to be members of the armed forces of the United States and entitled to the computational standard of 100 percent. For purposes of 212(a)(4), the Coast Guard is considered to be a part of the armed forces. Active duty members of the Coast Guard therefore need only meet the 100 percent of the poverty guideline minimum income requirement. Members of the Merchant Marine must meet the full 125 percent income requirement.

Sponsor's change of address

Other
The petitioner with limited financial resources can limit the number of sponsored immigrants listed on affidavit of support to the number of people who actually intend to immigrate at that time, such as sponsor only the principal alien and not his/her spouse and eligible children. The principal applicant must be one of the sponsored immigrants, however. By limiting the number of sponsored individuals, the petitioner would reduce the household size and thereby face a lower minimum income requirement. The petitioner would still be able to file another affidavit of support on behalf of the principal applicant's eligible dependents at a later date when the petitioner and the principal applicant have improved their financial situation. When the petitioner files a new affidavit of support for the remaining eligible family members, the principal applicant, and any of his/her family members who may have already immigrated, would be included in the household for that I-864.

A divorced parent's dependent children are members of his or her household, even if they live part of the time with the other former spouse. A parent always has a legal obligation to support his or her children. Although only one of the parents may be legally entitled to claim the child as a dependent on the tax return, the child must be considered as part of both parents' households for purposes of the affidavit of support unless a parent can show that he or she has been relieved of any legal obligation to support the child.

Signatures on I-864 and I-864A must be notarized. Signatures on I-864 and I-864A can only be notarized by a U.S. Immigration and Naturalization Service Officer, a U.S. consular officer or a U.S. notary public. Forms that have been notarized by a foreign notary public cannot be accepted by the consular officer.

Household size:
Household size is defined in the Regulation as:

• The sponsor;
• All relatives by blood, marriage or adoption residing in the sponsor's household;
• All dependents listed on the most recent tax return, whether or not they reside in the sponsor's household;
• Any individuals for whom the sponsor has signed an I-864 and for whom the contractual obligation still exists;
• The beneficiary (principal applicant);
• The beneficiary's accompanying dependents.

Tax Returns
State department will never excuse the lack of filing of tax returns for the previous three years, other than when the sponsor was not obligated to file during a given year. There is a statutory requirement that the sponsor must submit tax returns for each of the three years immediately prior to the visa interview in which he or she was obligated to file. Note that Americans and legal permanent residents who are working abroad are required by IRS to file a return even if most or all of their overseas income is excluded from U.S. taxes.

A sponsor who was obligated to file tax returns, but failed to do so, can later qualify as a sponsor by filing a late or amended tax return to IRS. He or she can then submit copies of the late or amended return(s) for the year(s) in which he or she was obligated to file. Until such time as the late or amended return has been filed, the I-864 will be considered incomplete.

Even if sponsor owns a business, he/she should submit individual tax returns and not business returns. Consular officers can only accept individual tax returns, since it is the individual and not the business who is sponsoring the applicant(s).

Domicile
A U.S. citizen or legal permanent resident petitioner who is not domiciled in the United States can not sponsor. The law requires that sponsors be domiciled in any of the states of the United States, the District of Columbia, or any territory or possession of the United States.

The USCIS Office of General Counsel has determined that under the act and regulations, a joint sponsor cannot be authorized in cases where the petitioner cannot be a sponsor by virtue of domicile. The petitioner must first meet all requirements for being a sponsor (age, domicile, and citizenship) except those relating to income before there can be a joint sponsor.

Domicile is a complex issue and must be determined on a case by case basis. To qualify as a sponsor, a petitioner who is residing temporarily abroad must have a principal residence in the U.S. with the intent to maintain that residence for the foreseeable future. Legal permanent resident sponsors must further demonstrate that they have maintained their legal permanent resident (LPR) status. A U.S. citizen or legal permanent resident spouse or dependent who has maintained a residence in the U.S. and/or whose spouse/parent works in one of the categories listed below would also qualify as a sponsor.

Many U.S. citizens and legal permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. Temporary is a relative term and may cover an extended period residing abroad. Provided the sponsor can establish to the consular officer's satisfaction that the sponsor left the U.S. for a limited and not indefinite period of time, intended to maintain a U.S. domicile and has evidence of continued ties to the U.S., he or she can be considered to be domiciled in the U.S.

Note that the USCIS regulation provides that sponsors who can show that they had a domicile in the United States, but who are now living temporarily abroad because of certain types of employment, shall be considered to have retained their domicile in the United States.

A sponsor retains his or her domicile for following types of employment:

• Employment by the U.S. government
• Employment by an American institution of research recognized by the Attorney General
• Employment by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm
• Employment with a public international organization in which the United States participates by treaty or statute
• Employment by a religious denomination/group having a genuine organization within the United States and is stationed abroad with that religious denomination
• Employment as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States and is stationed abroad with that religious denomination

There may be other circumstances in which a sponsor can show that his or her sojourn abroad is clearly of a temporary nature, so that the sponsor can be found still to have a domicile in the United States. For example, persons who are abroad temporarily to study, or teach, or engage in other activities that do not meet the requirements of Section 316(b), 317, or 319(b) of the Immigration and Nationality Act (listed in the preceding paragraph) may nevertheless have a domicile in the United States if they can satisfy the consular officer that they did not, in fact, give up their domicile in the United States and establish a domicile abroad.

In cases where the sponsor has clearly not maintained a domicile in the U.S., the question becomes when the sponsor can be deemed to have re-established U.S. residence. To do this, the sponsor must have taken a credible combination of steps to make the U.S. his immediate principal place of abode. Such steps might include finding U.S. employment, locating a place to live, registering children in U.S. schools and other indices of residence. The sponsor should also have made other arrangements to relinquish residence in the third country. It is not necessary for the sponsor to precede the sponsored family members to the U.S. to re-establish residence and domicile provided that the sponsor has taken the type of concrete steps outlined above. It is important to note in such cases that a sponsored immigrant may not enter the United States prior to the sponsor's return to take up residence. He or she must either travel to the United States with the sponsor or at some date after the sponsor's entry into the U.S.

For the Petitioner/Sponsor

• Form I-864
  • Put all pages in the correct order, 1, 2, 3, 4, 5 and 6, and staple them together.
  • Fill out each page completely.
  • Sign Part 7 in front of a notary public. The petitioner signs in family immigrant cases. The relative signs in employment-based cases.
  
  
• Federal Income Tax Returns: Complete federal tax returns with all supporting schedules for the 3 most recent tax years.
  • Each year's returns must have all pages in the correct order and must be stapled together.
  • Submit W-2 forms if you filed joint tax returns, and you are using only your income to sponsor.
  • If you don't have your tax returns or you filed electronically, call the Internal Revenue Service (IRS) at I-800-829-1040 (or download Form 4506 from IRS web site) to get printouts of your Federal income tax returns for the last 3 years. Ask for printouts of your tax returns or Letter 1722, which is a summary of your tax returns. This service is free from IRS.
  • If you did not have to file a tax return:
    Attach a written explanation of why you had no legal duty to file Federal income tax returns.
    The 1040 Instructions provide information on most income tax obligations. The Instructions will explain who has a legal duty to file. You can read the instruction booklets on IRS web site.
  
  
• Income Requirement: If you need assets to meet the minimum income requirement, attach evidence of assets.
  
  Attach evidence of current employment or self-employment, such as a recent pay statement or a statement from your employer on business stationery. The letter from your employer should show the beginning date of employment, type of work you do and how much money you make.
  
  Sample employment letter
  
  Claims of business income should be substantiated with evidence of the business, receipts, registration, the exact nature of the work, etc.
  
  
• A list of assets:
  If the sponsor's and/or the immigrant's assets were used to meet the Poverty Guidelines' minimum, they must be listed. There is no form to use for this. Prepare a list or table on a plain sheet of paper with the following information:
  • a brief description of the item
  • current value
  • remaining debt, if any
  • a brief description of the document you have attached to prove ownership.
  
  
• Proof of ownership of assets:
  If the sponsor's and/or the immigrant's assets were listed, attach the proof.
  
  Value of asset must be the likely sale price, and not the purchase price. For real estate, you can use a tax assessment to show the value. For properties other than real estate, the sponsor can hire a professional appraiser to prepare an estimate and report. For cars, the value listed in Kelly Blue Book is acceptable.
  
  The sponsor must also document the amount of any debt remaining on the property. If no debt remains, submit proof of final payment.
  
  

For Joint Sponsor
All requirements above for Petitioner/Sponsor and the proof of U.S. citizenship or lawful permanent resident status.
The petitioner must also submit an I-864.

For Household Members (I-864A)
Household Members whose income and assets are to be considered:

• You need a separate Form I-864A for each household member whose income and assets are to be considered.
  • Each page must be filled out completely and stapled together.
  • Part 2 and Part 5 must be completed by sponsor and notarized
  • Part 3 or Part 4 and Part 6 must be completed by the household member and notarized
  
  
• Federal Income Tax Return: In same manner as the sponsor's, described above.
  
  
• Income Requirement: In same manner as the sponsor's, described above.
  
  
• A list of assets: In same manner as the sponsor's, described above.
  
  
• Proof of ownership of assets: In same manner as the sponsor's, described above.
  
  
• Proof of joint residence: Proof that the household joint sponsors have lived with the primary sponsor for the last 6 months such as a copy of the rental agreement showing the household member's name, and copies of items that show the same address as the sponsor such as a driver's license, copies of school records, copies of utility bills, or personal correspondence.
  
  
• Proof of relationship: There are various documents that can prove family relationship. If they don't make the family relationships clear, any other official documents such as court or school records to confirm the relationships.
  
  
• Other: A list of the benefits programs and dates of receipt if the household joint sponsors or their dependents have used financial need-based public benefits in the last 3 years.