Chinese Translation of the State Department's FAQ on the I-864 Affidavit of Support

The Department of State website has published a set of FAQs on the affidavit of support. The translation is provided below. The original text is available here.

1. What are the responsibilities of the NVC (National Visa Center)?

The NVC's role is to review the submitted affidavit of support (the economic sponsorship form) for completeness. If the form is incomplete, the NVC will send a notification through the CEAC (Consular Electronic Application Center) system identifying the problem and requiring the applicant to correct it and resubmit. Once the NVC accepts the corrected Form I-864, I-864EZ, I-864W, or I-864A and the related financial evidence, it will forward the forms and application materials to the U.S. embassy or consulate where the applicant will apply for a visa.

2. Where can I find the instructions for completing the form?

Each affidavit of support form comes with step-by-step instructions for the financial sponsor or joint sponsor. These instructions explain which forms are required and how to complete them correctly. It is important to carefully follow the instructions accompanying each form. In addition to this guidance, tips for completing all of these forms—including I-864, I-864A, I-864EZ, and I-864W—can also be found online.

For complete instructions, please visit https://www.uscis.gov/greencard/affidavit-support.

It is recommended to fill out the affidavit of support form using a computer or typewriter, and all answers must be in capital letters. After completing the form, upload and submit the signed form along with the sponsor's financial evidence through the CEAC system to the NVC. Remember that all pages of the I-864 form must be submitted, including blank pages.

3. Where can I get more information?

For more information about the I-864 Affidavit of Support, please refer to 9 FAM 302.8, 9 FAM 601.14, and sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). The complete FAM and INA are available through the FOIA (Freedom of Information Act) page on the Department of State's website. See also https://www.uscis.gov/greencard/affidavit-support.

4. Who needs to sign the form, and where should it be submitted?

The petitioner/financial sponsor must complete and sign the appropriate affidavit of support form. Incomplete forms, including those with missing pages, will not be accepted. The complete form and supporting documents must be submitted to the NVC through CEAC along with the visa applicant's civil documents.

5. How is the household size calculated?

Form I-864 requires the financial sponsor's household size. When calculating household size, the sponsor must include:

• Spouse • Children residing in the sponsor's household by birth, marriage, or adoption • Any dependents claimed on the sponsor's most recent year's tax return, regardless of whether they are related to the sponsor or reside at the same principal address • The principal visa applicant • Any derivative applicants planning to immigrate within six months • Any other person in the United States whom the sponsor is supporting under another I-864 form (if that obligation has not terminated) • Siblings, parents, or adult children residing in the sponsor's household who are not dependents (if they have completed Form I-864A)

The sponsor does not need to include persons listed on other Forms I-864 who have not yet immigrated to the United States.

6. Who can be a financial sponsor?

The financial sponsor (including the petitioner) must be at least 18 years old and must be a U.S. citizen or lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.

7. What are the poverty guidelines?

The petitioner must meet the minimum income level (i.e., the federal poverty guidelines) to financially sponsor the visa applicant. The poverty guidelines in effect on the date the affidavit of support is submitted will be used to determine whether the income requirement is met. These guidelines can be found on the USCIS website (also available here).

8. What if the petitioner's income is insufficient?

Petitioners with insufficient income have two options: 1) find a "joint sponsor" to provide financial support for the visa applicant, or 2) use household members' income to meet the poverty guidelines. These additional financial sponsors must also submit an affidavit of support, proof of income, and proof of their lawful status in the United States. Remember: even if the petitioner finds a joint sponsor or uses household members' income to financially sponsor the visa applicant, the petitioner must still submit an affidavit of support.

9. At the visa interview, is a sufficient Form I-864 the only factor considered for the public charge issue?

No, consular officers will also consider other public charge factors affecting the financial situation of the sponsor and the applicant. The age, health, education, skills, financial resources, and family circumstances of both the applicant and the sponsor are all factors. Consular officers will verify, to the extent possible, whether the applicant has sufficient financial support to prevent them from becoming a public charge in the United States. A public charge is someone who is likely to become primarily dependent on the U.S. government for subsistence.

10. If the poverty guidelines change between the time the sponsor signs the affidavit of support and the issuance of the immigrant visa, must the sponsor and joint sponsor (if needed) submit a new I-864 form?

No, unless there is evidence of failure to meet the poverty guidelines in effect on the date the I-864 was submitted, the I-864 form remains valid indefinitely. The consular officer will determine whether the sponsor's claimed income (supported by financial evidence) meets the poverty guidelines at the time the I-864 was submitted. If the claimed income does not meet the poverty guidelines, the consular officer may request the sponsor to submit income information for the current year.

11. Can a reliable job offer for the visa applicant replace or supplement an insufficient affidavit of support?

No, the law does not recognize a job offer as a substitute for Form I-864. A job offer may indicate that the applicant has the ability to overcome the public charge inadmissibility, but it does not satisfy any I-864 requirement.

12. How can a sponsor use assets to meet the minimum federal poverty guidelines?

If the sponsor's income does not meet the minimum federal poverty guidelines, unless the sponsor submits Form I-864EZ, they may submit the value of assets to make up the difference. When reviewing the income level, the consular officer will first look at the sponsor's employment income. Then the officer will add the personal assets and/or the income and assets of household members who have signed Form I-864A. If the sponsor uses assets to meet the minimum federal poverty guidelines, they must upload scanned copies of documents proving these assets to CEAC.

13. How much asset cash value is required?

The total net value of assets (minus liens and debts against them) must equal five times the difference between the sponsor's income and 125% of the poverty guidelines for the household size.

Sponsors of spouses and children of U.S. citizens need only show asset value equal to three times the difference between the poverty guidelines and actual household income.

Sponsors of orphans who will acquire citizenship after admission need only show assets equal to the difference between the poverty guidelines and actual household income.

14. What can be counted as assets?

The financial sponsor may only include assets that can be converted to cash within one year and that will not cause significant hardship or financial loss to the sponsor and their family. Examples of assets easily converted to cash include savings, stocks, bonds, and real estate. Sponsors may include the value of their home. They cannot include the value of an automobile unless they can prove they own multiple vehicles and the primary vehicle is not listed as an asset.

15. Can an immigrant visa applicant count assets they own outside the United States (such as real estate or personal property)?

Yes, provided the following conditions are met:

• These assets must be convertible to cash within 12 months • The petitioner must demonstrate that these assets can be transferred out of the country. Many countries have restrictions on cash or liquid assets that can be transferred abroad • The net value of the assets must be at least five times the difference between the sponsor's income and 125% of the poverty guidelines for the household size • The visa applicant must submit Form I-864A for their assets to be counted toward the minimum income level calculation

16. Can free housing be counted as income?

Yes, a financial sponsor who receives housing and other benefits in lieu of salary may count these benefits as income. Sponsors may count both taxable and non-taxable income (such as housing allowances). The sponsor must prove the nature and amount of the non-taxable income. Proof of such income may be Form W-2 (e.g., Box 13 for military allowances) or Form 1099.

17. What does "domicile" mean?

Domicile is the place where the sponsor intends to maintain their principal "residence" for the foreseeable future. To qualify as a financial sponsor, the petitioner must have a domicile in any state of the United States, the District of Columbia, or any territory or possession. Lawful permanent resident (LPR) sponsors must also maintain their LPR status.

A sponsor who does not currently reside in the United States may satisfy the domicile requirement by providing evidence of any of the following:

• The sponsor is employed by certain organizations as defined below • The sponsor is temporarily residing abroad but has maintained a domicile in the United States • The sponsor genuinely intends to establish a domicile in the United States before the date of the intending immigrant's expected admission to the United States

If not submitted to the NVC with the affidavit of support, the petitioner needs to provide proof of their domicile to the visa applicant. The visa applicant needs to bring this proof to the visa interview for review by the consular officer.

18. Can a U.S. citizen or lawful permanent resident (LPR) petitioner who does not have a domicile in the United States be a financial sponsor?

No. If the petitioner cannot satisfy the domicile requirement, the petitioner is not eligible to submit Form I-864 as a sponsor.

19. If the petitioner does not have a domicile in the United States, can a joint sponsor submit Form I-864?

No. Before a joint sponsor may be used, the petitioner must meet all requirements to be a sponsor (age, domicile, and citizenship), except for the income-related requirements.

20. What kind of overseas employment can be considered as maintaining a U.S. domicile?

A U.S. citizen temporarily residing abroad is considered to have a domicile in the United States if employed by certain organizations, including:

• Temporary assignment abroad for U.S. government work • Temporary assignment abroad for a U.S. research institution recognized by the Secretary of Homeland Security • Temporary assignment abroad for a U.S. company or its subsidiary that is wholly or partly engaged in foreign trade and commerce with the United States • Temporary assignment abroad for an international public organization in which the United States participates by treaty or statute • Temporary assignment abroad for a religious denomination/group with a genuine organization in the United States • Temporary assignment abroad as a missionary employed by a U.S. religious denomination/group or interdenominational missionary organization

21. Can a sponsor maintain a U.S. domicile while temporarily residing abroad?

Many U.S. citizens and lawful permanent residents reside temporarily outside the United States. "Temporary" may cover long-term overseas residence. A sponsor living abroad must prove the following to be considered as having a domicile in the United States:

• His/her departure from the United States was limited rather than indefinite • He/she intends to maintain a domicile in the United States • He/she has evidence of ties to the United States

Examples of evidence that the sponsor's travel abroad is temporary and that he/she has maintained a U.S. domicile may include:

• Voting records in the United States • Records of paying U.S. state or local taxes • Ownership of property in the United States • Maintaining bank or investment accounts in the United States • A permanent mailing address in the United States • Other evidence, such as proof that the sponsor is a student studying abroad or that a foreign government has authorized a temporary stay

22. How can a financial petitioner establish a domicile?

A petitioner who cannot prove a U.S. domicile but wishes to qualify as a sponsor must establish:

• He/she has already begun actual residence in the United States; or • He/she has taken concrete steps to establish a domicile in the United States and will do so at the same time as the applicant, on or before the date of the intending immigrant's admission

The sponsor does not have to arrive in the United States before the applicant, but if not, they must arrive at the same time as the applicant. Evidence that the sponsor has established a domicile in the United States and is physically residing there or intends to arrive before or at the same time as the applicant may include:

• Opening a bank account • Transferring funds to the United States • Making investments in the United States • Seeking employment in the United States • Securing a residence in the United States • Enrolling children in U.S. schools • Applying for a Social Security number • Participating in local, state, or federal elections

23. Do family members who later come to the United States need separate affidavits of support and supporting documents?

Family members who later come to the United States (follow-to-join) must resubmit scanned copies of the principal applicant's Form I-864 and supporting documents.

24. What is required for family members with separate visa applications?

For each family member with a separate visa application, an I-864 form signed by the petitioner/sponsor and supporting documents must be submitted, along with the joint sponsor's I-864A form and supporting documents, if applicable.

25. Can one joint sponsor cover only some of the applicants in the same petition while another joint sponsor covers the rest?

Yes, but only in certain circumstances. A family unit immigrating under the same petition may have two joint sponsors. If two joint sponsors are used, each joint sponsor is responsible only for the intending immigrants listed on that sponsor's I-864 form. In addition, each joint sponsor must meet the minimum income, citizenship, residency, and age requirements.

26. If the sponsor dies after the principal applicant has immigrated to the United States but before other eligible family members immigrate, can a different sponsor be designated?

Yes. If the petitioner and the primary sponsor die before all eligible family members have immigrated, a new sponsor may file Form I-864 to become the primary sponsor, regardless of the deceased petitioner's estate.

27. If my relative's interview is postponed for any reason, will the I-864 I submitted expire?

No. From the date the sponsor signs it, Form I-864, I-864 EZ, or I-864A is considered valid indefinitely.