Exceptions or Exemptions to Filing I-864 - Affidavit of Support

I-864W
Affidavit of Support Form I-864 should not be filed for the following types of intending immigrants:
  • Intending immigrant who has earned or can be credited with 40 qualifying quarters (credits) of work in the U.S.

    You can acquire 40 qualifying quarters in the following ways:
    • Working in the U.S. for 40 quarters in which you received the minimum income established by the Social Security Administration.

      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.

      I-864 is not required in this case as it would serve no purpose, since there would be no support obligation.

    • By being credited with quarters worked by your spouse during the marriage to your current spouse or a parent during the time you were under 18 years of age.

      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.

      You can not count any quarter in which the spouse or parent was receiving means-tested public benefits.

    • A combination of the above.

    Include all SSA forms necessary to establish that you have or can be credited with 40 quarters of coverage.

    The Social Security Administration (SSA) can provide information on how to count quarters of work earned or credited and how to provide evidence of such. Please visit the SSA web site for more information.

  • Intending immigrant is a child who will become a U.S. citizen immediately upon admission to the U.S. under the Child Citizenship Act of 2000 (CCA).

    For this classification to apply:
    • At least one parent of the child is a U.S. citizen;

    • The child is under 18 years of age at the time of admission or adjustment of status;

    • The child is residing permanently in the United States in the legal and physical custody of the U.S. parent; and

    • If the child is an alien orphan child adopted abroad, the adoption was legally finalized prior to admission to the United States and both adoptive parents or the unmarried U.S. citizen parent personally observed the alien orphan before or during the adoption proceeding.

    If the citizen parent(s) adopted the alien orphan abroad, but at least one of the adoptive parents or the unmarried parent did not see and observe the alien orphan before or during the foreign adoption proceeding, then an affidavit of support under this part is still required unless the citizen parent submits evidence that, under the law of the state of the alien orphan's intended residence in the United States, the foreign adoption decree is entitled to recognition without the need for a formal administrative or judicial proceeding in the State of proposed residence. Orphans whose adoptions are not legally finalized until after admission to the United States will not qualify for this exemption and must file a Form I-864.

  • Self-petitioning widow/ers and battered spouse or child of a U.S. citizen, who have an approved Petition using the Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant.)

In case any of the above categories apply, Form I-864W, Intending Immigrant's I-864 Exemption should be filed, instead Form I-864.

I-134
Form I-134 should be filed in the above cases.

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