Affidavit of Support Under Section 213A of the Act
[I-864EZ, Affidavit of Support Under Section 213A of the Act]
IMPORTANT: Information on this site may be outdated. For up-to-date instructions and filing fees check always with the USCIS site:
http://www.uscis.gov/forms
Purpose of Form :
To show that the applying immigrant has enough financial support to live without concern of becoming reliant on U.S. government welfare.
Number of Pages :
12
Edition Date :
01/15/06. Versions other than the 01/15/06 edition are not acceptable.
Where to File :
Give the completed affidavit of support with all required documentation to the sponsored immigrant to file with either:
- a Consular Officer with a completed Form OF-230, Application for Immigrant Visa and Alien Registration, or
- an Immigration Officer with a completed Form I-485, Application to Register Permanent Residence or Adjust Status
Filing Fee :
$0.00
Special Instructions :
(NA)
Department of Homeland Security
U.S. Citizenship and Immigration Services
OMBNo. 1615-0075; Expires 10/31/07
I-864EZ, Affidavit of Support Under Section 213A of the Act
How Should I Complete This Form?
- Print clearly or type your answers using CAPITAL letters.
- Use black or blue ink.
- If you need extra space to answer any item: – Attach a separate sheet of paper (or more sheets if necessary); – Write your name, Social Security number and the words “Form I-864EZ” on the top right corner of the sheet; and – Write the number and subject of each question for which you are providing additional information.
What Is the Purpose of This Form?
Form I-864EZ is a shorter version of Form I-864 designed for cases that meet certain criteria. Form I-864 or Form I-864EZ is legally required for many family-based immigrants to show that the intending immigrant has adequate means of financial support and is unlikely to become a public charge. For more information about Form I-864EZ, or to obtain related forms please contact:
- The USCIS website (www.uscis.gov);
- The National Customer Service Center (NCSC) telephone line at 1-800-375-5283 TTY: (1-800-767-1833); or
- Your local USCIS office by using Infopass.
Who May Use Form I-864EZ?
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 employees).
Who May Not Use Form I-864EZ?
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 underlying visa petition;
2. You filed or are filing 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.
How Is This Form Used?
This form is a contract between a sponsor and the U.S. Government. The person completing and signing this form is the sponsor. By signing Form I-864EZ, you are agreeing to use your income and resources to support the intending immigrant named in this form, if it becomes necessary. You must show on this form that you have enough income to ensure that the sponsored immigrant will not have to rely on means-tested public benefits for support in the United States.
In most cases, the submission of this form will make the sponsored immigrant ineligible for Federal, State, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your income and resources as available to the sponsored immigrant in determining eligibility for the program.
If the immigrant sponsored in this affidavit does receive a Federal, State, or local means-tested public benefit, the agency providing the benefit may require you to repay the cost of those benefits. That agency can sue you if you do not repay the cost of the benefits provided.
Who Is Required to File a Form I-864W Instead of a Form I-864 or I-864EZ?
The following types of intending immigrants must properly complete and submit Form I-864 W, Intending Immigrant’s Affidavit of Support Exemption, instead of a Form I-864 or Form I-864EZ:
- An intending immigrant who has or can be credited with 40 quarters of work. The Social Security Administration (SSA) can provide information on how to count and provide evidence of quarters of work.
- 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 Citizehship Act of 2000 (CCA); and
- A self-petitioning widow(er) or qualifying battered spouse or child.
Who Completes This Form?
Only the U.S. citizen or lawful permanent resident who filed a Form I-130 relative visa petition for a family member, may complete this form. A sponsor is required to be 18 years old and domiciled in the United States, its territories or possessions (see Step-by-Step Instructions for more information on domicile).
What Are the Income Requirements?
To qualify as a sponsor, you must demonstrate that you have an income of at least 125 percent of the current Federal poverty guideline for your household size. The Federal poverty line, for purposes of this form, is updated annually and can be found on Form I-864P, Poverty Guidelines.
If you are on active duty in the U.S. Armed Forces, including the Army, Navy, Air Force, Marines, or Coast Guard, and you are sponsoring your spouse or minor child, you only need to have an income of 100 percent of the Federal poverty line for your household size.
How Do I Count Household Size?
Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, the person being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864EZ affidavit of support whom you are still obligated to support.
How Long Does My Obligation as a Sponsor Continue?
Your obligation to support the immigrant you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U. S. citizen, or can be credited with 40 qualifying quarters of work in the United States. Although 40 qualifying quarters of work (credits) generally equates to 10 years of work, in certain cases the work of a spouse or parent adds qualifying quarters toward eligibility. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work. The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.
Do I Have to Report My Change of Address If I Move?
Federal law requires that a sponsor report every change of address to the USCIS within 30 days of the change. To do this, send a completed Form I-865, Sponsor’s Change of Address, to the Service Center having jurisdiction over your new address.
Do not complete Form I-865 at the same time that you complete the I-864EZ. You should complete and submit Form I-865 to USCIS only when the address you indicated on the original Form I-864EZ has changed. A sponsor who fails to submit a Form I-865 within 30 days of a change of address may be fined.
Please see Form I-865 for further directions on filing the Sponsor’s Change of Address. This requirement does not relieve a sponsor who is a lawful permanent resident from submitting Form AR-11 within ten days of a change of address.
When Do I Complete Form I-864EZ and Where Do I Send It?
If the intending immigrant will apply for an immigrant visa at a U.S. Embassy or Consulate overseas:
Complete Form I-864EZ when it is mailed to you from the National Visa Center (NVC). Different instructions apply to some cases so follow the instructions provided by the National Visa Center for your particular case. The instructions on when and where to submit Form I-864EZ are included in the information packet that is mailed to you with Form I-864EZ. The form must be submitted to the government within 1 year of your signature date on the form.
If the intending immigrant will adjust status in the United States:
Complete Form I-864EZ when the intending immigrant is ready to submit his or her Application to Register Permanent Residence or Adjust Status, Form I-485. Then, give the completed Form I-864EZ and all supporting documentation to the intending immigrant to submit with his or her application for adjustment of status. This form and all accompanying documents must be submitted within one year of the time you complete and sign this form.
For privacy, you may enclose these documents in a sealed envelope marked “Form I-864EZ: To be opened only by a U.S. government official.” You may be requested to submit updated information if there is a significant delay in processing.