how to fill out i864

How To Fill Out Form I-864 Affidavit Of Support (Part 2)

In the first post you learned how to fill out form I-864 affidavit of support parts 1 – 6. Now, I’ll walk you through how to complete the rest of the form. Remember, you’ll need to provide supporting documents with the affidavit of support such as tax transcripts, pays stubs, birth certificate, naturalization or permanent resident card.

The I-864 is used to prove that you can financially support the intending immigrant and promises the US government that the beneficiary will not be come a public charge to tax payers. Signing this form is a legal contract between the sponsor and the US government and should be taken seriously. The only way the sponsor is released from this obligation is if the following things happen:

  • Beneficiary has worked for 40 quarters (10 years)
  • Beneficiary leaves the US permanently
  • Beneficiary becomes US citizen
  • Beneficiary dies

Your income must be enough to meet 125% of the poverty guidelines. If you don’t meet this income requirement you have the option to use cash and investments or have a joint sponsor fill out another I-864.

2017 USCIS Income Requirements

You’ve already filled out information about your income in part 6 on the first part of this post. But let’s refresh our memory on what the income requirement is below.

Remember, you can also use the beneficiary’s income to help you meet the requirement but there are restrictions. Another option when you don’t make enough is using assets instead of income. Assets must be liquid (easily convertible to cash) and can include investments, rental properties and cash in the bank.

Household Size

 

100% Poverty Guideline

Active duty in the U.S. Armed Forces

125% Poverty Guideline

For all other sponsors

2 $16,240 $20,300
3 $20,420  $25,525
4 $24,600  $30,750
5 $28,780  $35,975
6 $32,960  $41,200
7 $37,140  $46,425
8 $41,320  $51,650

How To Fill Out Form I-864 (Part 7 – 12)

Part 6 and 7. Employment/Income and Assets Information

Part 6 continues with more information about the sponsor (petitioner’s) income and tax filing. If you haven’t filed any of the last 3 years tax return, include an additional sheet to explain why you didn’t file. You also have the option of typing a quick explanation on page 12.

If you’re unemployed, then you were not required to file tax returns. But note that you can definitely use unemployment income but USCIS will not give it much weight as this type of income will not continue into the future.

Part 6 (question 17) is asking whether you are using the beneficiary’s income to supplement your own. If so, the beneficiary doesn’t need to complete their own I-864.

Part 7: How Much Assets Do You Need?

If you’re using assets to “top up” your income short fall, then use the calculation below:

For CR1/IR1 visa –  you’ll need to show 3X the income short fall. So, if your household size will be 2 (yourself and your immigrant wife) the income requirement is $20,300. If your annual income is $18,000 then the short fall is $2,300.

To calculate how much assets you’ll need to supplement your income you multiple the short fall against the multiplier (3). $2,300 X 3 = $6,900

For K1 or other Family visa (not spouse) – you’ll need to show 5X the income short fall depending on your household size. Let’s keep this simple and assume your household size is 2 and your annual income is still $18,000. Short fall in income is $2,300.

To calculate how much assets you’ll need to supplement your income you multiple the short fall against the multiplier (5). $2,300 X 5 = $11,500

i864 part 7

Part 6: Sponsor’s Employment and Income Part 7: Using assets to supplement income
17. If using beneficiary income, type in their name 1. Enter balance of all savings/checks accounts
18b. If you want to include more than the most recent year’s tax transcript, check this box 2. Enter current value of real estate (less mortgage)
19a. Type most recent year and annual income 3. Enter net value of  investments
 19b. Type 2nd most recent year and annual income 4. Enter total value of items 1-3 above
 19c. Type 3rd most recent year and annual income 5a. If using income of  household member, enter their name
 20. If you were unemployed, student and made less than 5b. Enter household member’s assets from I-864A (optional)
IRS tool to check if you are required to file return 6. If using immigrants cash assets, enter amount (optional)

Part 7. Use of Assets to Supplement Income

Using assets is completely optional so if you don’t feel comfortable providing this much financial details to USCIS, you should get a joint sponsor if your income isn’t enough. If you can find someone to be a joint sponsor, then you’ll need to use assets to meet the income requirement.

i864 part 7

 Part 7: Use of Assets to Supplement Income  Sponsor’s Contract
7. Enter cash value (less mortgage) of immigrant’s real estate Read contract carefully to understand your obligations before signing it on the next page.
8. Enter cash value of immigrant’s investments
9. Total immigrants asset value (items 6-8) Not signing it means that the beneficiary is inadmissible into the US
10. Total Assets (add items 4, 5b and 9)

Part 8. Information About Immigrants You’re Sponsoring

This section continues with the details of the contract the sponsor will be signing.

Here the summary what it says below:

  • US government will deems your income/assets available to the intending immigrant
    • immigrant doesn’t qualify for means-tested benefits until they’ve been green card holder for 5 years or US citizen
  • It doesn’t apply to certain public benefits such as:
    • Emergency Medicaid
    • Short term non-cash emergency relief
    • National school lunch program
    • Immunization and treatment for communicable diseases
    • and Elementary and Secondary Education Act programs
  • If you don’t provide support to the intending immigrant
    • immigrant can use sponsor under this contract
    • if immigrant gets means-tested benefits, US government can sue sponsor
    • sponsor may be required to pay for legal fees of immigrant
  • Sponsor must file I-865 of address change within 30 days
    • If you fail to notify USCIS, you can be fined

When will obligations end?

  • Immigrant becomes a US citizen
  • Immigrant has worked 40 quarters (10 years)
  • Immigrant no longer has permanent resident status and leaves US
  • Immigrant is subject to removal (but adjusts status based on new affidavit)
  • Immigrant dies

Note: divorce does not terminate your obligations under form I-864

i864 part 8

Part 8: Sponsor’s Statement
1a. If you can read/understand English, check this box
1b. If using interpreter, check this box and enter your first language

 

Part 8. Sponsor’s Contract, Statement and Signature

If you made it this far, you’re almost done! Now USCIS wants to know whether you have used the services of an attorney or someone else that has helped you fill out this form. Using an attorney doesn’t mean that they will treat your case any differently than if you submitted your own forms by yourself.

Include your contact information such as your phone number and email address. Although USCIS will send you official notices by mail, they may send electronic notifications before you actually get a letter.

i864 part 8 2

 Part 8: Sponsor’s Contract and Statement  Sponsor’s Certification
2. If using a lawyer or other representative, check this box Read the statements and if you agree, then sign it below.
3. Enter sponsor’s  daytime phone number 6a. Sponsor’s signature
4. Enter sponsor’s cell phone number 6b. Date of signature
5. Enter sponsor’s email address

NEVER forget to sign the form! It’s actually much  more common than you think because USCIS now puts a notice in red saying “don’t forget to sign!”.

Part 9. Sponsor’s Contract, Statement and Signature

If you have used an interpreter to help you fill out this form, make sure to provide their details. Normally this is only for sponsor’s where English is their second language.

Who is the preparer?

The person that is filling out the form is the preparer. If you have filled this form out yourself, then leave this blank. However, if you have used the services of an immigration attorney or had someone else fill it out for you, enter their information.

i864 part 9

 Part 9: Interpreter’s Contract and Signature
 Interpreter must certify and sign
1a. Interpreter’s last name 6a. Sponsor’s signature
1b. Interpreter’s first name 6b. Date of signature
1c. Interpreter’s middle initial
2. Interpreter’s business name (optional)  Part 10: Contact Info, Statement & Signature of Person preparing this form
3a – 3h. Interpreter’s mailing address  1a. Preparer’s last name
4. Interpreter’s daytime phone number  1b. Preparer’s first name
5. Interpreter’s email address (optional)  2. Preparer’s business name (optional)

Part 10. Contact Info, Statement and Signature of Preparer

This section continues asking for information about the preparer’s mailing address and contact info. If an attorney filled this form out for you, they will likely use their office address and contact details here. If someone else such as another family member or friend filled out this form, they will need to include their own information here.

An interpreter is not the same thing as a preparer. The interpreter doesn’t need to fill this section out unless they are also the person who filled out the rest of the I-864.

i864 part 10

 Part 10: Contact Info, Statement & Signature of Preparer
 7b. If preparer is an attorney, check this box
3a-3h. Enter preparer’s mailing address If your attorney is representing you more than just filling this form out, they must also submit form G-28
4. Enter preparer’s daytime phone number 8a. Preparer’ signature
5. Enter preparer’s fax number
8b. Date of signature
6. Enter preparer’s email address (optional)
7a. If preparer is not an attorney, check this box

Part 11. Additional information for I-864

Finally, I can see the finish line! This section allows you to include explanations for some of the answer given above. You are free to attach an additional sheet if you need more space but it’s better to keep it short and sweet.

USCIS gives you boxes for the page number, part number and item number so go back and look at the question you want to include details for and make sure these numbers are correct.

i864 part 11

 Part 11: Additional Information
1a. Enter sponsor’s last name 4a – 5d. Complete as necessary
1b. Enter sponsor’s  first name
1c. Enter sponsor’s middle initial
2. Enter sponsor’s A-number (if you have one)
3a. Enter page number, part number and item number for the question your explaining
3b. Type in your explanation to the question above

That’s it, now you’ve completed the I-864. Make sure to review the entire form and that’s it’s complete and accurate. Sign and date the form before you mail it with any application or petition. Keep a copy for your own records too.

Supporting evidence to include with form I-864:

  • Tax transcripts for the most recent year (you can also send the last 3 years)
  • Pay stubs and employment letter
  • Bank statements (optional unless using assets)
  • Explanation if you didn’t file tax returns

Other forms of income that are acceptable:

  • Social security income
  • Unemployment income
  • Disability income
  • Veteran disability income
  • Dividend income
  • Rental income

If you’ve come to this page without reading Part 1, go back and review it below.

How To Fill Out Form 1-864 Affidavit of Support (Part 1)

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