Applications

Affidavit of Support

Who Should File? /  Who Needs an I-864? /  Revisions /  Tax Returns /  Underage Petitioners / Incompetent Petitioners /  Common Problems /  Household Size /  Domicile /  Sufficiency / Signatures / Follow-to-Join /  Complete Docs for Each Principal / Joint Sponsors /  Death of a Sponsor /  Does the I-864 Expire? /  Poverty Guidelines / Income Requirements /  Counting Assets /  Is Free Housing Income? /  Means-Tested Benefits / Beneficiary's Income /  Assets Outside the U.S. /  Children of American Citizen / Don't Mail the I-864 /Offers of Employment / Employment-Based Cases /  How to Learn More 

 

Who Should File an I-864?

If you petitioned for your spouse, child, parent, or sibling, or filed an employment based petition for a relative to work at a business in which you own at least 5%, you must complete an I-864. The Immigration and Naturalization Act requires that all such petitioners of aliens also financially sponsor the immigrant aliens by completing the I-864. Certain other petitioners (see below) do not complete the I-864.

Q : Who May Use Form I-864EZ?
A : You may use Form I-864EZ if all the following conditions apply:

1. You are the person who filed or is filing the Form I-130, Petition for Alien Relative, for a relative being sponsored;
2. The relative you are sponsoring is the only person listed on the Form I-130 petition;
3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s).  There is no need for a joint sponsor or a Form I-864A.

Q : Who May Not Use Form I-864EZ?
A : You must complete Form I-864 (and not Form I-864EZ) if any of the following conditions apply:

1. The relative you are sponsoring is not the only person immigrating based upon the visa petition;
2. You filed a Form I-140, Immigrant Petition for Alien Worker, for the immigrant you are sponsoring; 
3. You are a joint sponsor;
4. You are a “substitute Sponsor” filing  because the original I-130 petitioner is deceased.
5. You are sponsoring a derivative beneficiary of the petition where the principal applicant has adjusted status in the United States.

Q : What if I have a joint sponsor? Do I still have to complete an I-864?
A : Yes. There is a statutory requirement that the petitioner be domiciled in the U.S. and complete an I-864 as a sponsor, even if a joint sponsor is also filing an I-864.
Q : Who is Required to Complete and Submit a Form I-864W Instead of a Form I-864 or I-864EZ?

1. An intending immigrant who has or can be credited with 40 quarters of work under the Social Security Act;
2. An intending immigrant who will, upon admission, acquire U. S. citizenship under section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000 (CCA) – IR2 (except step-child) and IR3 applicants;
3. A self-petitioning widow(er) or qualifying battered spouse or child – IW or IB applicants. 

Hints For Preparation of Affidavit of Support(I-864 and I-864A)

• The Affidavit of Support process and requirements are intended to ensure that immigrants to the U.S. are not likely to become public charges.
• The Affidavit must be properly signed by the petitioner (I-864) and adult household member (I-864A), usually the spouse, whose income will be
   used for the visa applicant's support.  Sponsors must show their domicile in one of the states or territories of the U.S. If sponsors do not list a current U.S.
  or APO/FPO address, attach other evidence of U.S. domicile, such as proof of voter registration, property deeds, will or compliance with state tax law.
• Attach evidence of each signer's U.S. citizenship or legal permanent resident status and relationship. This usually comes in the form of a U.S.
  birth certificate, U.S. passport or U.S. alien registration card and marriage certificate if a husband and wife are sponsors. Even though these documents may be
  attached to the immigrant petition, we process some cases with only a fax notification of immigrant petition approval from USCIS. In these cases, the hard copy of the approved immigrant petition, with its supporting documents, comes weeks later.
• Attach a photocopy of the sponsor's U.S. federal tax return (all forms and schedules as filed with IRS), or an IRS transcript of the filing for the
  previous year. Certified copies, state tax returns and worksheets for the taxpayer's use are unnecessary. If a sponsor did not file a return for the previous tax year, attach a
  complete explanation and refer to the filing requirements contained in tax law for that tax year.  Click here to see the IRS page "Do you need to File a Federal Income
   Tax Return?"
• Attach evidence of current, sustained income, such as a signed, dated letter on company letterhead stating employee's wages, position, and prospects for continued employment. If the sponsor is self-employed, then attach recent copies of business bank statements and a current business license.
• Attach a photocopy of the sponsor's U.S. federal tax return (all forms and schedules as filed with IRS), or an IRS transcript of the filing for the previous year. Certified copies, state tax returns and worksheets for the taxpayer's use are unnecessary. If a sponsor did not file a return for the previous tax year, attach a complete explanation and refer to the filing requirements contained in tax law for that tax year.  Click here to see the IRS page "Do you need to File a Federal Income Tax Return?"
• Please staple documents/evidence in this order: I-864; I-864A (if needed); domicile (if needed); U.S. citizenship or legal resident status and
   relationship; current, sustained income; U.S. tax return.
• If the sponsor cannot meet the sponsorship requirements through income and/or assets, you may arrange for a joint sponsor to complete
  an I-864 (and I-864A if needed) with all attachments as above.

Who Needs an I-864 and Who Doesn't?

Q : There are two Affidavit of Support forms, I-864 and I-134. Who needs an I-864? Can someone who needs an I-134 use I-864 instead? 
A : Section 213A of the Immigration and Nationality Act (INA) of 1952, as amended, limits use of the I-864 to specified immigrant visa cases. These are family-sponsored immigrants, including orphans, and applicants for employment-based immigrant visas in which a RELATIVE FILED the immigrant visa petition, or has a FIVE percent or greater ownership interest in the business that filed the petition. All other applicants who require an Affidavit of Support should use Form I-134.

Q : Do persons who are in immigrant visa categories which do not require the I-864 Affidavit of Support need to comply with the income and documentary requirements of the new public charge guidelines?
A : No. The applicants whose visa categories do not require the I-864 will continue to be adjudicated under previously existing public charge guidelines.

Q : Should K-1 Fiance(e) Visa Applicants use the I-864 or the I-134?
A : Since fiance(e)s are technically nonimmigrant visa applicants, they should use the I-134. However, they will have to submit an I-864 to CIS at the time of adjustment of status in the United States.

Q : Should diversity visa (DV) or returning resident (SB) applicants use the I-864 or the I-134?
A : They should use the I-134. The I-864 can only be used in the specified categories (most family-sponsored and certain employment-based cases). All other cases must use the I-134 if an Affidavit of Support is needed.

Q : Do the new income requirements apply to all immigrant visa applicants even if they use the I-134? 
A : No. The 125 percent minimum income requirement, the need for the last year's income tax return, 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.

Underage Petitioners

Q : If the petitioner does not meet the age requirement in Sec 213A, can s/he still file an I-864 and have a joint sponsor? 
A : No. Section 213A, specifies that a sponsor must be at least 18 years of age. The petitioner must meet the definition of a sponsor (explained in the I-864 instructions) before there can be a joint sponsor.

Incompetent Petitioner

Q : If the petitioner is in a coma or otherwise mentally incompetent, who files the affidavit?
A : An individual who can demonstrate legal competence to administer the petitioner's finances may file an I-864 on the petitioner's behalf (similar to filing a petition on behalf of a mentally incapacitated or incompetent petitioner).

Common Problems On The I-864

Q : Inadequately completed I-864's are the most frequent problem in delaying visa issuance. What are some of the most common problems with the I-864?
A : Many sponsors make mistakes with the tax return requirement. The previous year's federal tax return as filed with the IRS is required. This means all schedules, W-2, 1099, 1096 forms and so on must accompany the I-864. If you were not required to file for the previous tax year, you must explain clearly that your income was below the level at which you were required to file. Note that overseas residents whose income is excludable are still, in general, required to file. 

Many I-864's are submitted without the Joint Sponsor or Household Member's proof of U.S. citizenship or Lawful Permanent Residence. Direct proof of citizenship or LPR status is required. For a citizen, a government issued birth certificate, a copy of the identification page of a passport, or naturalization certificate is best. Hospital birth certificates, military ID, marriage certificates, driver's licenses, and Social Security cards do not prove citizenship. For Lawful Permanent Residents, a copy of both sides of the I-551 (green card), or other CIS proof of Lawful Permanent Residence status is required. 

Tax Returns

Q : Will the State Department ever excuse the lack of filing of a tax return for the previous year, other than when the sponsor was not obligated to file during a given year?
A :  No. There is a statutory requirement that the sponsor must submit a tax return for the year 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 to file a tax return even if most or all of their overseas income is excluded from U.S. taxes.

DO YOU NEED COPIES OF A U.S. TAX RETURN FOR AN IMMIGRANT VISA APPLICATION? INTERNAL REVENUE SERVICE Philadelphia PA 19255-0215 Customer Service Phone: 1-215-516-2000 Customer Service Fax: 1-215-516-2555/3256 Fax for Transcripts of Returns: 1-215-516-2931/1311/1322 Hours: Mon - Fri 6am-2am (EST) Please fax a Request for Transcript of a Tax Return (IRS 4506 fax2) to get an official IRS transcript in place of a copy of a tax return.  (You may download a Request for Transcript of a Tax Return (IRS 4506 fax2), using Acrobat Reader. The latest Acrobat software is available for free. If you have not filed U.S. tax returns for the previous year, you must either file late or prove that your earned and unearned income was below the filing requirements for that particular tax year. Residing overseas or attending school does not remove the filing requirement, which is determined by earned and unearned income levels. Please seek guidance from a tax preparer if you need to file tax returns. No immigrant visa can be issued until the I-864 meets all requirements, including attaching the most recent year's U.S. tax return. For information related to overseas taxpayers, please see the Tax Guide for U.S. Citizens and Resident Aliens Abroad (IRS Publication 54) at http://www.irs.gov/publications/p54/index.html.

Q : How can a sponsor who was obligated to file tax returns, but failed to do so, qualify as a sponsor?
A : A sponsor may file a late or amended tax return withe the IRS. S/he can then submit copies of the late or amended return for the year in which s/he was obligated to file. Until such time as the late or amended return has been filed, the I-864 will be considered incomplete.

Q : If the sponsor owns a business, should s/he submit an individual or a business tax return?
A : Individual return. Consular Officers can only accept individual tax returns, since it is the individual and not the business who is sponsoring the applicant(s). The sponsor must submit individual returns - by definition, a sponsor must be a person and not an entity (business, church, organization, etc.). Note that the business income or loss will often be listed on the individual return.

Q : If the sponsor does not have a copy of his/her tax return, can s/he submit a transcript of the return provided by the Internal Revenue Service (IRS)?
A : Yes.

Q : If a sponsor cannot present a tax return because s/he was not obligated to file, can s/he qualify as a sponsor?
A : Yes. A sponsor is only required to submit a return if s/he was obligated to file. If there was no obligation to file, a lack of tax returns does not disqualify him/her as a sponsor. The deciding factor is current and sustainable income. See INCOME REQUIREMENT. But the sponsor will still need to show a U.S. domicile. (See DOMICILE)

Q : Can a petitioner choose not to file tax returns, purposefully submitting an insufficient or incomplete I-864, and use a joint sponsor?
A : No. A tax return is required if the petitioner/sponsor was obligated to file. The sponsor completes the Affidavit of Support under penalty of perjury. If he or she claimed no income in order to avoid disclosing a failure to file a tax return and to pay taxes, that  in addition to any tax offenses already committed, would be a felony.

Q : If a sponsor has neglected to file, or underreported his/her income to the IRS, are late filed or amended tax returns acceptable?
A : Yes.

Q : Can a U.S. citizen or legal permanent resident petitioner who is not domiciled in the US be a sponsor?
A : No. 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.

Q: If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?
A: No. 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.  

Q: How is domicile determined?
A: 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 (LPR) sponsors must further demonstrate that they have maintained their legal permanent resident status.

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. The following are the qualifying types of employment. A sponsor retains his or her domicile if the sponsor is:

• employed by the government of the United States; an American institution of research recognized as such by the Attorney General; 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 thereof; a public international organization in which the United States participates by treaty or statute; or
• authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States and is stationed abroad pursuant to that calling;
• engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States and is stationed abroad pursuant to that calling.

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.

A sponsor living abroad may need to show that s/he has taken steps to establish a domicile in the United States and has either already taken up physical residence in the United States or will do so currently with the applicant.  The sponsor does not have to precede the applicant to the United States but, if s/he does not do so, s/he must at least arrive in the United States concurrently with the applicant.  The sponsor must establish an address (a house, an apartment, or arrangements for accommodations with family or friend) and either must have already taken up physical residence there or must at a minimum satisfy the consular officer that he or she intends to take up residence there no later than the time of the applicant's immigration to the United States.  Although there is no time frame for the resident to establish residence, the consular officer must be satisfied that sponsor has, in fact, taken up residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant include the following:

(1) Opening a bank account;
(2) Transferring funds to the United States;
(3) Making investments in the United States;
(4) Seeking employment in the United States;
(5) Registering children in U.S. schools;
(6) Applying for a social security number; and
(7) Voting in local, state or federal elections.

No. The sponsor just has to sign the form.  You should know however, when the sponsor signs an Affidavit of Support form, he/she certifies that the information provided, transcript and/or photocopy of tax documentation is true and correct, under penalty of perjury.

Q: Does every accompanying family member need separate documents if they travel with the principal applicant? 
A: Each principal applicant (the person in whose name the visa petition was filed) must submit a signed and notarized I-864 from the petitioner, any joint I-864 that may be required, and Form(s) I-864A if needed. Accompanying family members' documents whose names are listed on the signed and notarized I-864 and I-864A (if needed) may submit exact copies (photocopies) of the principal applicant's forms. Only the principal applicant must submit supporting documentation (tax return, employment letter, proof of assets, etc.). This applies only to principal applicants and accompanying dependents who are applying together for an immigrant visa or adjustment of status.

Family members who may apply for visas and travel together, but for whom separate visa petitions have been filed, must each submit a complete set of supporting documentation along with a signed and notarized I-864, any joint I-864 that may be required, and Form I-864A if needed.

Follow To Join

Q: If the petitioner dies before the following to join (FTJ) relatives make application for immigrant visas, who files the I-864? 
A: Any person who meets the qualifications of a sponsor (18 years of age, U.S. citizen or LPR domiciled in the U.S. and able to meet the minimum income requirement) may file in place of the deceased petitioner. 

Q: In a follow to join case, if the petitioner has relinquished legal immigrant status, can he/she still file an I-864? 
A: No. The petitioner must qualify as a sponsor in order to file an I-864. A petitioner who has relinquished his/her LPR status cannot qualify as a sponsor. If the petitioner does not qualify as a sponsor, there can be no joint sponsor and the FTJ applicant is inadmissible under 212(a)(4). In such cases, the Principal Applicant (PA) in the U. S. will need to file a new petition on his/her dependent's behalf. 

Q: If the petitioner and PA divorce after the PA immigrates but before the PA's children immigrate and the petitioner declines to file an I-864, can a different sponsor file on the children's behalf?
A: No. The statute requires an I-864 from the petitioner. The petitioner is under no obligation to file an I-864, however. If the petitioner elects not to submit an I-864, the visa applicant cannot qualify for a visa under section 212(a)(4). The principal applicant parent in the U.S. would then need to file a new petition on his/her child/children's behalf. 

Q: If the petitioner cannot meet the minimum income requirement, can joint sponsors divide up the FTJ applicants? 
A: Yes. Unlike accompanying family members, FTJ applicants may be considered separately. The petitioner must still file an Affidavit of Support for each FTJ applicant, but separate joint sponsors may file an I-864 for individual FTJ applicants.

Joint Sponsors

Q: Can different joint sponsors submit Affidavits of Support for separate family members, listed on the same petition?
A: Yes, under certain circumstances.  Each joint sponsor must meet the minimum income requirement, citizenship, residence and age requirements.  If a petitioner or sponsor meets the minimum income requirements, a Form I-864 cannot be submitted for joint sponsorship, unless the consular officer or the DHS immigration officer specifically requires it.  Two joint sponsors can be used per family unit intending to immigrate based upon the same petition.  If two joint sponsors are used, each is responsible only for the intending immigrant(s) listed on his/her Form I-864.

Death Of Sponsor

Q: What happens if the petitioner dies before the principal applicant has immigrated, and another close family member in the United States is willing to assume the responsibility of sponsorship?
A: Although the petition was automatically cancelled upon the petitioner's death, the immigrant visa application can go forward.  Following the appointment, a request for reinstatement of the petition will need to be prepared and forwarded to USCIS.

Q: 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, can they obtain another sponsor? 
A: Yes. A substitute sponsor may serve as the sponsor in such circumstances. The substitute sponsor must be an American citizen or lawful permanent resident, at least eighteen years of age, domiciled (living) in the United States and having sufficient income.

The substitute sponsor must be related to the applicant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, grandparent or grandchild.

Q: Does the death of a sponsor terminate any obligation to the sponsored immigrant(s)? 
A: Yes. However, the sponsor's estate remains liable for any requests for repayment of benefits that arose prior to the sponsor's death.

Does The I-864 Ever Expire?

Q: Does the I-864 have an expiration date after which a new form must be completed? 
A: No.

Q: Since the Poverty Guidelines Change Each Year, Which Ones Apply?
A : The Poverty Guidelines in effect on the date when the sponsor files the Affidavit of Support with National Visa Center or with the U.S. Embassy or Consulate, will be used to determine whether the income requirement is met.  The 2006 Poverty Guidelines, I-864P footnote states the effective date was March 1, 2006.  So, if the sponsor filed the I-864 with NVC on February 1, 2006, then the 2005 Poverty Guidelines would be used.

Follow this link for current Year U.S. Poverty Guidelines.

Q : If the poverty guidelines change between the time the petitioner signed the I-864 and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new I-864?
A : No, The I-864 will remain valid indefinitely absent other evidence of failure to meet the public charge provisions and should be evaluated based on the poverty guidelines in effect on the date of the sponsor’s signature.  The consular officer will determine whether the income stated by the sponsor, as documented in the tax return and any other evidence submitted, meets the poverty guidelines in effect at the time the I-864 was filed.  If the income stated by the sponsor does not meet the poverty guidelines then the consular officer may request that the sponsor submit current year income information.  

Income Requirement

Q: Must the last year's income equal 125% of the poverty line? 
A: No. The current year's income, supported by employment letters or other appropriate documentation to demonstrate continued employment/income, will govern.

Can Free Housing Be Counted As Income?

Q: Can petitioners/sponsors who receive housing and other tangible benefits in lieu of salary count those benefits as income? 
A: Yes. 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.

Means Tested Benefits Cannot BeConsidered Income

Q: Can a petitioner's or joint sponsor's SSI benefits be counted as income? 
A: No. SSI benefits cannot be considered when computing the sufficiency of the I-864 (A sufficient I-864 is one that meets the minimum income requirement). 

Q: Can disability benefits be considered as income? 
A: Yes. 

Q: Can Social Security Benefits (not SSI) be considered as income? 
A: Yes. 

Q: Can income from unemployment benefits or worker's compensation be considered as income for I-864 purposes? 
A: UNEMPLOYMENT BENEFITS: Unemployment benefits are normally temporary in nature and would not meet the criteria of sustainable income. Such benefits should therefore not be considered for I-864 purposes.
     WORKER'S COMPENSATION: If the sponsor can demonstrate that s/he will return to previous employment at the same salary level (or a level that meets public charge concerns) upon completion of medical treatment, worker's compensation could be counted toward the current year's income. Like unemployment benefits, worker's comp is generally of a temporary and finite nature.

Can A Beneficiary's Ongoing Income Be Counted?

Q: Can a visa applicant's steady income, which will continue after his/her obtaining lawful permanent resident status, be counted with the sponsor's income? 
A: Under certain circumstances, yes. 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 AOS. The applicant will be required to clearly demonstrate that the income will continue after his/her taking up residence in the United States.

How To Count Assets

Q : May the petitioner/sponsor count assets to meet the 125 percent minimum income requirement?
A : Yes.  If a sponsor uses assets to prove the ability to support the sponsored immigrant, he or she may not use the I-864EZ.  The sponsor counts his/her income first.  Next he/she counts the personal assets and /or the income and assets of household members who have signed an I-864A.  In most cases, the sponsor must present evidence establishing location, ownership and value of each asset listed, including liens and liabilities for each asset listed.  The consular officer will need to determine that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and readily converted to cash within one year, without undue harm to the sponsor or his or her family member.

Q : What Cash Value of Assets is Needed?
A : 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 household size.  For example, a petitioner/sponsor  with a household size of four and an income of $18,000 would need assets equal to five times the difference between his/her income and the income required for a family of four at the current federal poverty guidelines level.  He/She would also need to show evidence of mortgages, liens, and liabilities against the assets.

The cash value of assets required is different for these sponsors:
Sponsors of immediate relative spouses and children of U.S. citizens must only show assets in the amount of three times the difference between the poverty guideline and actual household income.
Sponsors of foreign orphans who will acquire citizenship after admission to the United States need only prove assets in the amount of the difference between the poverty guideline and actual household income.

Q : What can be used as Assets?
A : Assets can be savings, stocks, bonds and property.  They must be easily converted to cash.

Assets Outside The United States

Q: Will the intending immigrant 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?
A: Yes, but only 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.

Q: Can the assets of the petitioner/sponsor be overseas, assuming they are readily convertible within 12 months and can be transferred out of the foreign country?
A: Yes.

Offers Of Employment

Q: Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?
A: No. The new 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.

Define "Armed Forces"

Q: Are the Coast Guard and Merchant Marines considered to be members of the armed forces of the United States and entitled to the computational standard of 100 percent?

A: For purposes of Section 212(a)(4) of the Immigration and Nationality Act, 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 Marines must meet the full 125 percent income requirement.

Children Of American Citizen

Q: Do children of American citizens need an I-864W for an immigrant visa?
A: Children of American citizens (IR-2) are required to have an I-864W in the following circumstances:

• Under the age of 18 when they enter the United States, and
• Natural born, biological children, and
• Living with and in 2 year 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

Please Don't Mail The I-864, I-864W, I-864 and I-864A.

Q: How does the petitioner or joint sponsor submit the Affidavits of Support?
A: The Affidavits of Support and all supporting documents (a complete set for the sponsored immigrant and each accompanying dependent) should be sent to the National Visa Center (NVC) when requested, or directly to the visa applicant, who should personally carry the documents to his/her visa interview. Please do not mail the forms to the Visa Office at the Embassy or Consulate where the sponsored immigrant(s) will apply for a visa or to CIS unless you are specifically requested to do so. Due to serious workload factors, Affidavit of Support forms mailed directly to Visa Offices or CIS cannot be attached to the applicants' files and will not be returned to the sender.

Employment - Based Cases

Q: Does the requirement for the relative/petitioner to sponsor in employment based cases apply if the petitioner or relative with ownership interest in the petitioning entity does not live in the US and is neither a US citizen or LPR?
A: USCIS has determined that non-citizen/non-legal permanent resident petitioners/relatives who do not reside in the US are not required to file an I-864.

Learning More...

Q: How do I learn more about the Affidavit of Support?
A: Follow these links for additional information:

• Downloadable forms from the Department of Homeland Security (i.e., forms beginning with the letter "I", including the I-864EZ, I-864W, I-864 and I-864A)
• The Department of State AOS checklist
• The Department of State General Information & Frequently Asked Questions (link to www.travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf )
• Current Year U.S. Poverty Guidelines