I-864EZ, Affidavit of Support Under Section 213A of the Act
Alert: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final rule (84 Fed. Reg. 41,292 (Aug. 14, 2019), as amended by Inadmissibility on Public Charge Grounds; Correction, 84 Fed. Reg. 52,357 (Oct. 2, 2019)) (Public Charge Final Rule) nationwide. That decision was stayed by the U.S. Court of Appeals for the Seventh Circuit. On March 9, 2021, the Seventh Circuit lifted its stay, and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect.
We immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. USCIS continues to apply the public charge inadmissibility statute, including consideration of the statutory minimum factors in the totality of the circumstances, in accordance with the 1999 Interim Field Guidance, which was in place before the Public Charge Final Rule was implemented on Feb. 24, 2020, to the adjudication of any application for adjustment of status. In addition, USCIS will no longer apply the separate, but related, “public benefits condition” to applications or petitions for extension of nonimmigrant stay and change of nonimmigrant status.
On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule. That means that applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. Applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on prior editions of Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).
If an applicant or petitioner has already provided such information, and USCIS adjudicates the application or petition on or after March 9, 2021, we will not consider any information provided that relates solely to the Public Charge Final Rule, including, for example, information provided on the Form I-944, evidence or documentation submitted with Form I-944, and information on the receipt of public benefits on prior editions of Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).
If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required by the Public Charge Final Rule, including but not limited to Form I-944, and your response is due on or after March 9, 2021, you do not need to provide the information solely required by the Public Charge Final Rule. However, you need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit you are seeking. If USCIS requires additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance, we will send you another RFE or NOID. For information about the relevant court decisions, please see the litigation summary.
To show that the applying immigrant has enough financial support to live without concern of becoming reliant on U.S. government welfare.
Form Details
Dates are listed in mm/dd/yy format.
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
Tips to ensure your forms are processed smoothly are available on our Lockbox Filing Tips webpage.
Additional Information for Completing Your Form:
Don’t forget to sign your form! We will reject any unsigned form.
There is no fee if the sponsored immigrant files this form with USCIS or abroad with the Department of State (DOS); however DOS does charge a fee if they file in the U.S. For more information, please visit the Department of State website.
Please do not submit this checklist with your Form I-864EZ. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations.
If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.
Did you provide the following?
- Proof that you are a U.S. citizen, U.S. national, or lawful permanent resident
- Your Internal Revenue Service (IRS) transcript or a copy of your federal individual income tax return for the most recent tax year. If you provide a copy, you must include a copy of every Form W-2 and Form 1099 that relates to your return. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your federal individual income tax returns for the three most recent years.
- A typed or printed explanation, including evidence of the exemption and how you qualified for the exemption, if you were not required to file a federal income tax return under U.S. tax law for any other reason
Note on Fees: Although USCIS does not charge a fee for this form, the Department of State does charge a fee when the Affidavit of Support is reviewed domestically. This does not apply when the Affidavit of Support is filed abroad. For more information, please see the Department of State, Affidavit of Support Review Fee, in the Related Links of this page.