US Immigration lawyer Alena Shautsova: When to Use I864, I864A or I864EZ Explained

Affidavit of support is necessary in almost all cases of family-based immigration, and at times for employment-based immigration as well. Learn when to file I864, I 864A and I864EZ.
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[@rosalieantonio3514]

Thanks so much. We are in the process of submitting documents for our immigrant visa applications and the informations you provided here are very useful.

[@allymimijaro4802]

Thank you so much Mrs. Alena

[@viktoriyaerickson9485]

Thank you so much, Alena!

[@juseleantoine58]

thank you for explaining it so clearly

[@olegshcherbakov5556]

Hello Alena, could you tell me please if I require to submit I-864W when I send Adjastment of status (I-485) if my status is Asulym now?

[@b.a.s.h1573]

If you are applying for more then one person. Do we have to fill I864 A Separate and how do you calculate household?

[@jhonberihu4214]

Can i request nvc to expedite the i-864 form in order to be qualified my case

[@b.a.s.h1573]

How to calculate the household on I864A?

[@shomailanawaz1073]

If Joint Sponsor is needed then do they have to file a separate i864?

[@mahdell5424]

Ma'am how much is the amount of income to qualify for i-864ez that no need a co/joint sponsor

[@janicevaldes916]

Hi ceac did not ask me for i864 for petitioning my kids, I am a US citizen by birth and was advised to file i130 to petition my kids since crba does not apply on me. Do I still need to make one at the interview? Thanks

[@TwistedFoo]

I am the petitioner for my wife, I do live with my mom as well. Would she be a joint sponser or a household sponser (i 1864A)? We do not file tax returns together.

[@jjimenez7392]

Thank you for the video! I have a question, my mom (married, dad is also my dependent) who is my dependent petitioned my brother. AOS number of household for her is 3 (mom, dad and my brother). I used to live with parents until 1 year ago I move to CA for work however, my name is still a tenant in the same residence in IL which I visit often. I'm CO sponsoring my brother now which my mom is the sponsor so should I file plain I-864 as I'm in CA more due to work (recent tax filing i use CA addres) or I-864a since I'm still a tenant and goes to IL frequently (and it's my brother being petitioned). Thank you for your time!

[@maryannmarquez7088]

Hi Jimenez. I have the same situation wt u... My 78yo mom is the petitioner of my 3 adult siblings non-married. I will be the co-joint AOS of my mom since she is in my ITR dependent and live together in one household. My concern is, since pandemic, our (my husband and I) 2019&2021 ITR was low. I don’5 known if this will be ground for a problem. Any inputs please. Mom has only SSI, no assets nor properties.

[@Selenitemoon820]

I am currently not working and I am my husbands petitioner. He works and he is more than capable of supporting our household of 3. The third household member being my daughter who is a minor. If I receive child support from her father (who lives outside of the house) can we count that towards our home income? Or will uscis only accept what my husband makes?

[@rajamehboob5754]

Great job

[@davidlush7586]

What if you have 2 children that have US passports, birth certificates & SSN and they recieve income from Social Security in USA monthly are they still concidered to be sponsored on the application? The only person without a US passport is the spouse.

[@marwanjalil7574]

Dears I have Question please my wife income and assets do not meet the income requirements of Form I-864 AS or as they call it (the poverty guideline ) to be as the only sponsor for me so she suggested to use her brother as sponsor for me He is the household and he his mother listed in his Federal income tax return my wife (his sister not listed as dependent for him in his Federal income tax return)and she is doing her tax every year lone the question now .my wife is living with them in same house and for sure she is a relative for him (his sister) but she is not listed in his Federal tax return (just his mother ) the Question what is the right form to use for his brother as joint sponsor (form 1-864) or household (form i-864A) in this case thanks in advance

[@kashmiributt5693]

My mom's i-130 has approved successfully, please tell which I 864 ,,I fill,as I live in Pakistan or didn't do any job,my cousin will provide me financial documents.

[@elvispaulino3895]

Hi i am the petitioner sponsor for my wife, and I filed taxes joint with my wife(she doesn't work), just because the credit, can i use my joint taxes to sponsor my wife anyway? thanks in advance

[@andreaminaya7422]

Hi, Thank you for all the info. If I filled my tax return jointly marry with my husband (live in the same house) should my petitioner (my husband)fill Form I864 and also I864 A correct?

[@sonilwoods2624]

Hi thanks for the video, but I am still not sure. So my mother -u.s.citizen 86 years old petitioned my sister in Korea, who is not married over 21 yrs old, my mom can’t sponsor her cause she only received ssi so I live with my mom now if I sponsor my sister so then i864a or just i864? Thx

[@Selenitemoon820]

Also, which forms should I be filling out? If my husband (the immigrant) can sponsor himself. Since he makes enough money.

[@user-bm9no5iz8m]

I believe its the same form. Part 7 allows you to enter all immigrant assets.

[@beshoyhany986]

Good job

[@titinigirlo]

excellent

[@gotcha9934]

Hello what to do if the immigrant himself is working and has income and pays taxes ?

[@irynavynogradska9799]

Скажите пожалуйста. Если я - петиционер, заполняю форму I-184 на сына, его жену и двоих детей. Моего дохода на всех не хватает. Сын имеет хороший доход и я буду указывать его доход тоже. Должен ли он заполнять дополнительную форму I-864A?

[@user-bm9no5iz8m]

Well, the "mistake" you talk about in Part 5. The form always adds one person to your household because that person is .... an immigrant you submit this form for. it says under #8 that you count all people 1-7, not just your household members. I don't consider it a mistake. I do have another issue with this from though. If you submit more than 1 I-864 it tells you not to count people on any other I-864 form UNLESS that form was already approved. That way, if you submit 2 petitions (let's say for your parents) your household on each petition reflects only one applicant, when in reality you support both.

[@immigrationlawyerny]

When filing for a spouse or a child you should not count that spouse or child twice. You still need to count the spouse in the spouse section, and if the immigrant you are filing the form for is also your spouse the form will automatically give an additional count of 1. So you have a count of two people when it is the same person counted twice by the form. This is the mistake and where my suggestion is helpful. When you submit your application for your parents, it is your ability to support them at the time of filing: so you will not count them on each other's forms unless they are declared as your dependents. Your application for one parent can be denied and the other parent's application can be approved. If you need help with filling out the form you are welcome to call my office and schedule an appointment. 917-885-2261.

[@user-bm9no5iz8m]

@@immigrationlawyerny not exactly. Instructions to that part say specifically put 0 in a Spouse section if the primary immigrant is the same spouse. So form is not incorrect. Its people who fill it in don't read instructions))

[@anthonyassaf2998]

I recently got an email that says my F3 case is being current after almost 12 years. In order to process the first petitioner my dad has to send an affidative of support and some financial evidence, but my dad "the petitioner/primary sponsor" passed away it's been a while. So i want to ask can we still process in our case without the petitioner? Can we get a substitute sponsor? Or is there's any solution? I have a big family in the US i can easily find another sponsor.

[@anthonyassaf2998]

Is the i-864 help me in my case ?

[@Wondeyemac]

I’m sponsoring my wife and two sons and filed I864. It was accepted and complete and they are appointed for visa interview. But when I open the NVC Website it showed me document is incomplete/ missed and that is I-864EZ. Confusing? Any saying on that?

[@meiescueta7392]

What did you? Coz we are same

[@abunaser09]

Hi, I'm sponsoring my wife and if I'm currently unemployed during COVID 19 and taking unemployment benefits, what should I show in i864 form part 6? As employed and also unemployment since?? Please help me out. Thanks

[@oscarrodriguez2160]

I too am in this situation. We’re you able to figure out the answer to this?

[@lakeeshalewis7475]

I need to know the answer to this question as well

[@rrokdaragjati6870]

@@oscarrodriguez2160 do you know if you can have a relative that doesn’t live with you sponsor?

[@shark7909]

Здравствуйте Алена, большое спасибо за видео. Возникла другая проблема у нас назначено интервью на конец ноября и буквально на днях на сайте NVC статус документов стал не завершенным. Изначально я подавал I864 но сейчас меня просят предоставить ещё I864ez, выглядит как ошибка так как я работаю как self employer на 1099. Как быть в такой ситуации, могу ли я просто указать что ко мне такая форма не применяется, до интервью считаные недели 😨

[@immigrationlawyerny]

Не думаю что это ошибка. 1099 не принимают обычно, нужно w2.

[@stephanemomo4601]

Thanks for your good job. I am a US citizen and have been living in US for more than 5 years and I am 30 years old. Please answer my following questions . 1- My wife is abroad now and is pregnant and will be due in about 2 weeks which form should I use? I am confused on which form to use I-864, I-864EZ, or I-864A? I am the petitioner for my wife I-130 case. Which form should I use? 2- As financial documents or Tax Return, Is it okay to send copies of all my W-2, 1099 , and Pay-stub statements of 2019 year? My 2019 transcript isn't ready yet since I haven't file for tax yet. I don't wanna use my 2018 Transcript because I am making more money now almost double since 2019. and the 2018 may not qualify for the Public Charge requirements. 3- for my child case, should I just wait until he is born before applying (for everything included my wife) or should I continue with the procedure and just apply for the passport 4- I know that in this case I won't need to apply for I-130 for my child because she will be born when I am already US citizen. Right? Thanks.

[@jamesgilbert2906]

Thanks for this great video. Question my join sponsor make 65 thousand She send me her taxes return from 2017 to 2019 But she didn’t file in her 2020 because she was busy but she sen me her 2020w2 and she send me a pay check form 2020 to 2021 and letter from her job she work with the state department ,will my join sponsor be okay

[@rjslias1918]

I am in process of filing affidavit of support for my biological mom and dad green card. I don't qualify as a sponsor since I don't make much money and right now I am not working at all (taking care of two small kids) but my wife is ready to sponsor. My wife is currently not working because she is going to school till August. Last year she worked one month only but she got unemployment benefit. She has enough money to sponsor my mom and dad. How and what forms do I need to fill? Please help

[@sheenamartin4563]

Hello Alena,I'm a widower and i just received my interview letter for green card I-485 and they ask about I864 and I512 , can you please let me know your advice before my interview?

[@immigrationlawyerny]

Dear Sheena, for advice, please contact my office to book an appointment at 917-885-2261. Please note we do have a fee for consutlations.

[@yveselismon4052]

How long take to get you interview

[@hahassanafz]

Hello Alena! Would you please tell me which of the i-864 form will I need to provide, my sister is my petitioner and I have a separate joint sponsor not from my relatives. Also, I am married and have children.

[@hahassanafz]

Am I to provide a separate simple i-864 form by my petitioner and my joint sponsor.

[@immigrationlawyerny]

@@hahassanafz yes.

[@hahassanafz]

@@immigrationlawyerny OK thanks a lot

[@dhardhutti56]

I have a quick question so what if the co-sponsor is earning a good income in just her latest tax return for example in 2019 but in the past 2 years 2018 and 2017 she didn't really made enough income to support the immigrant will that affect the case or it deny the case or the uscis could send an rfe to give me another chance and send them a new co sponsor? Thanks.

[@immigrationlawyerny]

It is current income that matters.

[@dhardhutti56]

@@immigrationlawyerny Thanks for your response you're great.

[@aduethioattech107]

if i fill out i 864ez, do i have to fill out i 864 it self also??? this is confuse me?

[@ximechavez]

No, you either fill out I 864 EZ or I 864. Not both.

[@aduethioattech107]

@@ximechavez Thank you so much actually they already accepted me all documents. thank your video helps a lot.

[@aduethioattech107]

@@ximechavez thank you so much Xiemena Chavez.👍

[@rabinshrestha431]

how much minimum total income to be when i fill out EZ

[@aduethioattech107]

@@rabinshrestha431 it depends where you live but it is defnatley 21,000 and above.as of 2019

[@Revelation_20_15]

Hello boss What if a made a loss last year and I wanna sponsoring my wife? That gonna cause me a problem 🤔🤔

[@Revelation_20_15]

I'm independent contractor working for Uber

[@davidperry63]

My wife son is coming from the Philippines .what address do we put in. His addressee in the Philippines or our address here in the USA and way that address that you are telling me?

[@chiefokorocha1709]

Put her address they don’t use numbers in Philippines 🇵🇭

[@rrokdaragjati6870]

Can a relative that is not the petitioner sponsor my wife’s parents. Covid has destroyed my income and I can not sponsor them?but they are not in the same household.

[@imrannasir7424]

Hello Mam, can i get your contact ? because Im having little bit problem in my FORM I-864A

[@vannaxo4588]

I live with my parents . They are my husbands joint sponsor they file taxes jointly. Do they both file 864A or does my dad file I-864 and my mom 864A ?

[@trudy-annmcfarlane2406]

Did you get a response to your question? I’m in the same situation.

[@vannaxo4588]

Trudy-ann McFarlane I never got a good solid answer. So I just kinda did what I thought was right. I sent my own I-864 because you have to send your own too and for each of my parents a separate I-864A

[@trudy-annmcfarlane2406]

That’s the route I was going to take, thanks for your response and all the best.

[@trudy-annmcfarlane452]

Thanks for your help, my documents were accepted.

[@riyahsharma3133]

Trudy-Ann McFarlane hlo dear I have also same question......my husband income tax paper is not sufficient ..they can also use co sponser ?? Nvc will satisfied with these papers??

[@Aman-Ha]

Hi Alena, thanks for informative and useful info. I have question on my household income. I am U.S. citizen and inviting my parents to the U.S. to live with me. I am marred and have one child and filled joint tax return form with my wife. 1- do I need to count my parent include household member in poverty line? 2-If my wife wants to fill out affidavit support form which one she has to fill, I-864 A or I-864 z? please answer to these questions , that would help me a lot. thanks.

[@user-bm9no5iz8m]

I am not an attorney, but she said in the video that your spouse needs to fill in I-864A (for each of your parents) because you file joint tax return. As to 1, I didn't quite understand - include your parent where? Which part of the form are talking about, can you specify?

[@barisaleksanyan4464]

Здравствуйте мне интересует joint Sponsor как найти и решить етот вопрос

[@immigrationlawyerny]

Добрый день, Вам нужного есго искать самостоятельно. Обычно это или члены семьи или друг.

[@marwanjalil7574]

Dears I have Question please my wife income and assets do not meet the income requirements of Form I-864 AS or as they call it (the poverty guideline ) to be as the only sponsor for me so she suggested to use her brother as sponsor for me He is the household and he his mother listed in his Federal income tax return my wife (his sister not listed as dependent for him in his Federal income tax return)and she is doing her tax every year lone the question now .my wife is living with them in same house and for sure she is a relative for him (his sister) but she is not listed in his Federal tax return (just his mother ) the Question what is the right form to use for his brother as joint sponsor (form 1-864) or household (form i-864A) in this case thanks in advance