Form I-864, Affidavit of Support, should be completed, signed and filed by a sponsor or by two joint sponsors, on behalf and in favor of an intending immigrant. As a rule, the individual who filed the visa petition for the intending immigrant takes on the role of a sponsor in Form I-864. To become a sponsor a person must meet the following requirements: to be domiciled in the USA (or its territories); to be a lawful permanent resident, a U.S. citizen, or a U.S. national at the age of 18 or older; have an income of minimum 125% of the poverty level.
The following immigrants are required to submit Form I-864 to obtain an immigrant visa overseas or to adjust status of a lawful permanent resident in the USA:
– immediate relatives of U.S. citizens;
– family-based preference immigrants, relatives of U.S. citizens and lawful permanent residents;
– certain employment-based preference immigrants.
The following types of intending immigrants are NOT required to file Form I-864:
– self-petitioning widows/widowers, battered spouses and children who have an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant;
– any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the INA (as amended by the Child Citizenship Act of 2000);
– any intending immigrant who has earned or can receive credit for 40 qualifying quarters (credits) of work in the USA.
If your case falls under one of the mentioned exemptions, you should use Form I-864W, Intending Immigrant’s Affidavit of Support Exemption, instead of Form I-864.