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Who Must Have an I-864 Affidavit of Support?

Last updated on Jun 25th, 2017

The affidavit of support is a document that many people seeking to become a permanent resident must submit or have submitted on their behalf to immigration officials. There are general rules about who must have an I-864, but there are exceptions to these general rules.

Immigrants who must comply with the affidavit of support requirement include:

  • Immigrants seeking permanent residence based on their family relationship (unless an exception applies);
  • Immigrants who are seeking an immigrant visa or adjustment of status based on employment, if their employment-based petition was filed by a relative of the immigrant or an entity that the petitioning relative has significant ownership interest in 1;
  • Derivative family members who are accompanying or following to join the principal immigrant when the principal immigrant must comply with affidavit of support requirement.

 

Immigrants who do not need to comply with the affidavit of support requirement include:

  • Spouses or children of US citizens or permanent residents who have been abused by the citizen or resident and are filing a VAWA self-petition;
  • Widows and widowers of US citizens (and their children) who are self-petitioning;
  • Immigrants under the diversity program;
  • Most employment-based immigrants;
  • Family members of employment-based immigrants who are accompanying or following to join the principal immigrant;
  • Immigrants who may be credited with 40 qualifying quarters of work in the US; and
  • Immigrants who are children and eligible for the automatic acquisition of US citizenship.

 

 

  1. This rule does not apply to all immigrants who seek permanent residence based on an employment-based petition filed by a relative or an entity that the petitioning relative has significant ownership interest in.

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