How to fill out the form I-864, step by step

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Form I-864 Affidavit of Support is required when you file for Adjustment of Status (I-485) following marriage. As per instructions, all K-1 and K-2 visa holders must be sponsored before they’re granted permanent residency.

The whole idea is that the USCIS needs to be certain you’re going to be financially supported with little risk of relying on government assistance in the future. So, they ask you to fill out the I-864 and include supporting documents. With this information, an officer can weigh the “totality of circumstances” before making an informed decision.

However, the I-864 instructions and details on public charge often lead to confusion. And it’s not always crystal clear how to prepare your documents. 

So, in this article, we’ll go line by line through the I-864 instructions, specifically for immigrants who entered on a Fiance visa, and what a final sample looks like.

Side note: the form I-134 is required for the K visa interview. While the I-864 is for the Adjustment of status. Don’t confuse the two.

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What is form I-864 used for?

It’s all about “public charge”… which is a long-held immigration law promoting self-sufficiency and leveraging the finances of a sponsor to provide for the immigrant. INA 214(a)(4)

The idea is that the USCIS doesn’t want you falling on means-tested public benefits in the future. Instead, you should rely on yourself, your spouse or family members for resources. 

To convince them that you indeed have adequate financial resources, someone willing to “take responsibility” in case things don’t work out fills the I-864 Affidavit of Support.

Now, this doesn’t mean the sponsor has to pay for the immigrant’s day-to-day expenses. That’s NOT what the I-864 is meant to enforce. The I-864 simply means that the US government can sue the sponsor in case the immigrant uses public benefits at any time (SNAP, TANF, cash assistance, etc. see complete list of public benefits).

Consider it a formal contract (because it is) between a sponsor or joint sponsor and the US government… promising that the US government can demand repayment, if necessary. So, it’s the sponsor’s obligation to provide resources to the immigrant to maintain the minimum limits.

That’s why as part of the I-485 application, every K-1 / K-2 visa holder needs a sponsor for the I-864 Affidavit of Support.

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A quick note: there are differences between I-864, I-864A, and I-864EZ

▢ The I-864, Affidavit of Support, is the form K visa applicants submit.

▢ The I-864A, Contract between Sponsor and Household Member, is a supplemental form where a family member’s income or assets can be added on. This is allowed for K visa immigrants if you need it.

▢ The I-864EZ, a short version of the AOS, is not applicable to K visa holders (only available to I-130 petitioners).

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Who needs to submit it?

A “sponsor” fills out the I-864 and includes all supporting documents — which we’ll discuss below– to prove that they’re capable of financially supporting the immigrant. 

Normally the US petitioner spouse, who originally filed the I-129F petition, picks up the responsibility as the sponsor (filing for an immediate relative: spouse and any stepchildren).

But if the petitioner spouse doesn’t have enough income or assets, there are two choices: (1) either use a joint sponsor, or (2) use the help of household income from family members. 

A joint sponsor is someone else (either family member or friend) who’s willing to fully sponsor one or all of your K-1 or K-2 visa immigrants.

A household member is any adult who can contribute his/her income to help you meet the minimum 125% Federal poverty guidelines. 

(Note that substitute sponsors are not applicable to K visa situations)

Regardless of who files the Affidavit, send the completed form directly with your I-485 Green Card application to the USCIS. Don’t send this to the NVC.

And finally, there is NO FILING Fee for this form.

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When do you submit it?

As you know, K-1 visa entrants get married within 90 days of entry. Following marriage to their US petitioner, you must file the Adjustment of Status (I-485) for a green card. The requirement of which is to also submit the I-864 in the packet.

So, whenever you’re ready to apply for permanent residency, you’re going to submit the Affidavit of Support. The same applies to K-2 children… even if they “follow to join”.

Typically, for most K visa couples the ideal time to submit it is immediately following marriage. However, there’s no time restraint. You can submit it to the USCIS anytime after marriage. 

See my step-by-step guide on how to “prepare the I-485 packet”.

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How to fill it out, line-by-line

The I-864 form itself is 10 pages long, while the instructions are 17 pages. 

To begin, download the latest form from the USCIS website. It’s best to save a PDF copy onto your computer and not work off of the web browser directly.

A common trouble spot to watch out for is using the wrong form. Make sure to read which edition date the USCIS currently accepts and the expiration date is not relevant.

You may use your computer to type in the answers OR use black ink to handwrite it.

Final note: The I-864  is physically sent by mail to the USCIS. You can’t file it online.

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PLEASE NOTE: This step-by-step guide is for your information only as a sample of a finished form. This is not legal advice or a suggestion on how to answer government forms. Please consult USCIS instructions for details.

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Part 1. Basis for Filing Affidavit of Support

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Part 1 is only 1 question which asks how you (the sponsor) are filing this Affidavit of Support. In the first field, write your full name, whether you’re the petitioner, joint sponsor, or substitute sponsor.

For those US petitioners whose fiance came to the US on a K-1 visa (or K-2 children), your available option is to select (1.a.) to say that you’re the petitioner and also the sponsor from an approved I-129F petition.

If you’re using one or more joint sponsors, select either item 1.d. Or 1.e. as applicable.

Regardless of who submits this Affidavit, you must include some form of proof of citizenship or legal permanent resident status. A US passport or LPR card is acceptable.

A common strategy for joint sponsors is for you to split K-1 and K-2 children between two joint sponsors if one joint sponsor doesn’t qualify for all. If you use that method, select 1.e.

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Part 2. Information about the Principal Immigrant

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In Part 2, provide biographical information on the principal immigrant (always the K-1 visa holder).

Items 1a – 1c: provide the full name as it currently appears in official documentation. Remember that if you had a name change due to marriage, use the new name.

Question 2a – 2i: Provide the beneficiary’s mailing address. “In care of” is anyone who is authorized to receive mail on your behalf. If only you receive mail here, leave this blank. Then provide the street name and number, apartment, city or town, state, zip code, and country. Since all K-1 and K-2 recipients filing for Adjustment of Status are currently living inside the US, this address will most likely be that of the petitioners.

“Other information”

In Question 3, provide the current citizenship or nationality. Provide a date of birth and alien registration number (A-number) in question 4 and 5. If you have a USCIS online account number (most people don’t), then provide it in question 6. Otherwise, leave it blank. Finally, input your daytime telephone number in question 7. 

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Part 3. Information about the Immigrants you are sponsoring

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Part 3 is a simple set of questions aimed at derivative K-2 visa children (if any).

In question 1, select “yes” or “no” if you’re sponsoring the principal immigrant (i.e. the K-1 visa applicant). If you have no joint sponsor, then the answer is always “yes”.

If you’re using a joint sponsor, then the joint sponsor either selects “yes” if he/she is sponsoring the K-1 beneficiary. OR the joint sponsor selects “no” to indicate that they are not sponsoring the beneficiary, but only sponsoring listed K-2 children.

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Joint sponsors can either sponsor 

(1) the K-1 visa holder and all/some children, or

(2) the K-1 visa holder only, or 

(3) K-2 children only. 

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There are several combinations and scenarios. 

For question 2 and 3, indicate if any K-2 “following to join” children are arriving after 6 months.

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For questions 4a – 8, and repeating for 9a-13, 14a-18, 19a – 23, and 24a-28, provide the information of as many K-2 visa children who are adjusting status with the parent AND for whom this particular affidavit of support is being prepared. 

Remember, you can split the responsibility of the children among different joint sponsors. Start by providing their full names, and the relationship to the principal immigrant (i.e. the K-1 visa parent) by writing “children”. Provide a date of birth and Alien Registration (A-number). Provide the USCIS online account number (if any). Repeat for all and any children sponsored.

In question 29, tally up the immigrants you’re filing for in this affidavit. Remember– you or a joint sponsor may file for one or more of the applicants. 

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Part 4. Information about you (sponsor)

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Part 4 deals primarily with the sponsor (either the petitioner or a co-sponsor). 

In question 1a – 1c: start with your full legal name.

In 2a – 2i, write your full mailing address. Keep in mind that although most sponsors are living in the US, a joint sponsor may be living abroad (either US citizen or Legal Permanent Resident). Therefore, this address isn’t necessarily always based in the US.

In question 3, select “yes” or “no” to indicate if this is also your physical address.

In items 4a – 4h, input your physical address if different than your mailing.

In question 5, indicate which country you’re domiciled in. For an Affidavit of Support to be accepted, the sponsor’s domicile must be in the United States even if they live abroad. (see my discussion on how to determine and prove domicile). Domicile, in short, means that even though you’re living abroad, your “real home” is the US.

For questions 6 – 10, enter your date of birth, city/town of birth, state or province of birth, country of birth, and social security number.

Declare the status that you currently have in question 11 — whether you’re a US citizen, US national, or lawful Permanent Resident.

Many times a sponsor won’t have an Alien Registration number (A-number), but if you do, write it in question 12. The same goes for the USCIS online account number.

In question 14, indicate if you’re currently on active duty in the US armed forces.

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Part 5. Sponsor’s Household Size

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Part 5 is a short section which asks about your household size.

Coincidently this part is almost always confusing to fiance K-1 and K-2 visa holders. For one, the instructions say not to count anyone more than once… then it also asks you to list the spouse in question 3 separately from the immigrant you’re sponsoring. For US petitioners who are sponsoring their K1 visa spouses, this is a double count. 

In this situation, enter “0” for the spouse entry and make a note to explain it in Part 11, additional information… that the immigrant and your spouse are one person. Make sure the math works out correctly and you don’t mistakenly double count your spouse. 

This problem isn’t there if you’re a joint sponsor. Where the total from Part 3, item number 29 is not double counted because your spouse (if any) is separate in your household. 

Include the number of people who are dependent on you (as per tax returns, or financially) such as minor children. Also include anyone who you have sponsored before in another I-864.

The full explanation of who is considered part of your household size is explained in the I-864 instructions. 

The final household size number must be accurate in item number 8.

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Part 6. Sponsor’s Employment and Income

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In this section, the sponsor indicates which (if any) employment he or she has. Either select 1 if you’re employed or 4 if you’re self-employed and write the details of either. In case you’re both employed and self-employed, provide both details.

If you’re retired, select item # 5, “retired” and provide the date.

If you’re unemployed, select # 6 and write the date.

Notice that it’s not necessary for someone to be employed to be earning money. You may earn legal income from other sources such as rental, stocks, bonds, dividends, etc.

In question 7, provide your full current annual income (as per official tax returns). This is the “total income” in form 1040 and 1040A. If you file the 1040EZ, it’s the “adjusted gross income” amount.

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You cannot rely on income from sources such as illegal gambling or drug sales.

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If your current income is below the 125% (100% if you’re an active military personnel) required as per the poverty limits, you may choose to include the income of an adult in your household (including the intending immigrant, if applicable). 

You can combine income to try to meet the minimum. Certain family members are eligible to contribute including parents, siblings, etc. If you select one, have them fill out a separate form I-864A. This person must also provide their income / tax information. If you don’t need anyone to help with your income level, you don’t have to fill out this part.

In question 20, sum the different sources of income, including yourself and any household members. And if applicable, select the checkbox on 21 or 22 to indicate if the household members are submitting a separate I-864A. 

“Federal Income Tax Return Information”

In 23a, select whether or not you’ve filed a tax return for each of the previous 3 years. Regardless of “yes” or “no”, you will have to include a copy of your tax return or transcript. If you do have the past 3 years, then attach it and select the “optional” shown on question 23b.

In questions 24a to 24c write your most recent to 3rd most-recent tax year and total income. This helps the USCIS figure out if you’ve got a positive, improving trend of income (helps with the “totality of circumstances”). 

In some cases, you may not have a tax return. For instance, if you just began working and have not filed for the current year. In this case, you can select item 25 and include other proof that you’re currently earning income or are employed. 

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Part 7. Use of assets to supplement income (optional)

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Very important: this section is only required if your income is below the 125% poverty limits and you want to “make up the difference” with assets. For K visa holders, the asset amount has to be valued 3x the difference (since you’re an immediate relative now).

For question 1, enter the total current balance of all your savings or checking accounts (cash). If you select to use this asset, provide supporting evidence that you own this asset and its current value (in USD). 

In question 2, you may use the value of your real-estate holdings. Be sure to deduct the mortgage, debts or liens imposed on any of the property.

If applicable, enter the current market value of stocks, bonds or certificates of deposit that you own and wish to consider as an asset in question 3.

Total up the assets and enter it in item # 4. If a household member filing the I-864A also carries an asset, you may include the value here for consideration.

In questions 6 – 8, you may use the principal immigrant’s (K-1 visa holder’s) property, cash assets, property or securities as assets to fulfill the minimum limit.

Total their contribution in item # 9.

Finally, total up all the asset values from the different sources and include them in item number 10. Remember, this value has to be more than 3 times the difference between your income and the minimum poverty limit.

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Part 8. Sponsor’s contract…

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Part 8 is perhaps the most important section in the entire affidavit of support. Here you must carefully read and agree to the obligations and responsibilities of being a sponsor for the K visa holder. 

The “sponsor’s contract” spells out the exact requirements, legal obligations and responsibilities of someone who files the I-864 on behalf of an intending immigrant. It’s a contract between you and the US government that you will support the immigrant in case he or she ends up relying on government assistance (federal means-tested benefits). (see the USCIS’s explanation on Affidavit of Support).

There are ways that your obligation will end (e.g. if the immigrant becomes a US citizen or permanently abandons his/her status from the US, etc.).

In item 1, select whether you can read and understand English on your own or if you had someone assist you with this form. If you used a preparer, select 2 instead.

In questions 3 – 5, provide your contact information including telephone number and email address.

Finally, after reading the declaration, sign and date the form in section 6a and 6b.

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Part 9. Interpreter’s contact information. In this section provide the details of an interpreter (if any) whom you used to understand this form. Provide their name, mailing address, contact information, and signature.

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Part 10. Contact information… of preparer. In this part, provide the details of any preparer you used to assemble, organize, or fill out this Affidavit of Support. If you did, then provide their name, mailing address, phone numbers, and have them sign the form.

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Part 11. Additional Information

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Part 11 represents an opportunity for you to freely discuss any topics, provide explanations, additional entries, or clarifications to any question. 

For any entry, write the page number, part number, and item number of the question you’re referring to. Here are the common reasons for using Part 11:

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❑ Additional entries

❑ If there wasn’t enough physical space in the I-864 form

❑ Explain or write statements

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Sample I-864 Form

Below you can download a sample PDF of the I-864 (completed by a K-1 visa holder). Many couples ask how the form is filled differently if you’re using a sponsor versus a joint sponsor. The reality is that there’s not much of a difference. 

Aside from a few checkboxes and answers (relationship and household size, for instance), the final form is virtually identical.

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Download the I-864 Sample

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So, take this and compare it with your own situation. Remember, this is just a form; you have to attach supporting evidence, too. 

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I-864 Supporting documents

Everyone needs to support their I-864 with evidence of income or assets. That’s the only way to convince the USCIS that your application is legitimate.

1. ✔ Cover letter [optional]
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2. ✔ Federal Tax Returns (most-recent year) preferably with the previous 3 years. Include copies of any W-2 forms and 1099. If you’re self-employed, include all applicable 1040 schedules. Alternatively, you can include the IRS transcript in lieu of the returns.
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3. ✔ Evidence of US citizenship, US national status, or Lawful Permanent Resident status to qualify as a sponsor.
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4. ✔ If you’re on active military duty, include proof so you can establish the 100% limit.
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5. ✔ Employment verification letter (“Job letter”) to establish that your current salary is higher than what your previous taxes show, if applicable. If you decide to use it, include the previous 6 months of pay stubs as proof.
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6. ✔ Evidence of income from alimony, child support, dividends, interest income, etc.
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7. ✔ Form I-864A, filled out by a household member if necessary to meet the minimum 100% or 125%. Provide additional proof of cohabited residency.
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8. ✔ Evidence of Assets, if necessary. Provide proof of ownership, description and current value of the particular asset. A usable asset can be sold or converted to cash within 1 year without incurring “hardship” to the sponsor.
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Then, when you’re done, sign the form in black ink. Clear and legible copies are acceptable unless the directions specifically ask for originals. Finally, translations are required for non-English documents (for example, if you’re including asset evidence where a foreign bank account stores your cash assets). 

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What happens after approval?

Once you complete the form, submit it concurrently with the I-485 packet. The mailing address is the same for both. So, you can put both sets of forms in the same envelope. 

Following receipt of the packet, the USCIS (Lockbox facility) sends the I-797c receipt confirming they’ve gotten it and are reviewing it.

It takes several months for processing. But when a USCIS officer actively reviews your case, he / she adjudicates the I-864 along with the I-485.

If everything is sufficient, you don’t have to do anything further. However, if the officer finds that your income doesn’t meet the minimum, for example, they will issue a Request for Evidence (RFE). This gives you another opportunity to come up with an alternative, such as finding a joint sponsor.

Normally, you’re not required to appear for a biometrics appointment solely for the Affidavit of Support… although you may need to do so for other forms (such as the I-765).

Realize that your conditional 2-year green card will not be approved until / unless your I-864 is accepted. So, there is a risk of denial if your income / assets don’t measure up.

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Your responsibility after signing the I-864

One common hesitation before a sponsor signs the form is the serious burden it carries. Which is understandable. By agreeing to be a sponsor or joint sponsor, you are on the hook until the immigrant “graduates” out. Here’s when your obligation terminates:

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● If the immigrant earns 40+ qualifying credits (as per Social Security criteria). This is generally 10 years of working. But you should check the rules to be clear.
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● If the immigrant becomes a US citizen.
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● If the immigrant permanently leaves the US and abandons the LPR status.
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● If the immigrant dies.
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● In rare situations, if someone else sponsors the immigrant with a new Affidavit of Support following removal proceedings
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Divorce doesn’t terminate the responsibility.

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Remember what we’ve said before: the sponsor isn’t responsible for the day-to-day expenses of the immigrant. The sponsor only promises that he/she will be held liable if the immigrant begins using means-tested public benefits. So, it’s best that the sponsor provide the immigrant to maintain the 125% poverty limits, if need be.

But, it’s also in the immigrant’s best interest to find a job or have his/her spouse provide for their expenses whenever possible. It shows the USCIS that you’re self-sufficient even if you have a joint sponsor (positive weighted factor).

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Frequently Asked Questions

Which form do I use? The I-134 or the I-864?

Use the I-134 for the K visa interview. Use the form I-864 for the I-485 Adjustment of Status application for permanent residency.

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What’s the processing time? 

There’s really no independent processing time. The I-864 is part of your I-485 submission and gets adjudicated together. To see how long the USCIS takes, look under the I-485 category in “e-case status”… which is normally 12 months.

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Does the form need to be notarized? 

No, your signature is under penalty of perjury and this form does NOT need to be notarized. By signing and dating the form, you agree to the contract between you and the US government.

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What if I get an RFE? 

Many people get RFEs for filling out the I-864 incorrectly. Most of the time, you get it because you don’t meet income requirements. If you do receive this RFE, try to find a joint sponsor or find an alternative method of satisfying the 125% limit. Or if you made mistakes in the form, you can correct the error and resubmit.

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What if I didn’t file tax returns?

You need to show at least 1 year worth of tax returns. It’s preferable to have 3 years… that way, you can show a trend of stable income. However, some sponsor’s may not have filed a tax return (if they recently got hired, for example). In this case, use a Job Letter or “verification of employment” as proof that you currently have a job with a specific salary. Or you can use assets. Other times you may have to file for years you should have.

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Do I still submit the I-864 even if I use a joint sponsor?

Yes, if you’re the petitioner (the one who filed the I-129F), you need to fill out the I-864 even if you use a joint sponsor… even if you’re not working, are unemployed, retired, a student, etc.  In addition, include a copy of your tax returns (if any). Having a joint sponsor doesn’t take away the responsibility from the petitioner spouse.

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Why are the questions so similar to the I-944 form?

Please note: the I-944 is no longer required. You do not have to prepare and submit the I-944 form for adjustment of status through K visa procedures. More details here I-944.

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Can I withdraw my I-864 form?

The answer simply depends on the status of the case. If the immigrant has been granted permanent residency, then you cannot back out of your affidavit. However, if the applicant has not yet been granted LPR status, you may still withdraw your petition before the interview.

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