I-864W

Intro

(Intro excerpted from Nolo)

Most immigrants applying for a family-based U.S. green card (lawful permanent residence) must, as part of the application process, have their petitioner (the U.S. citizen or permanent resident who filed their I-130 visa petition) fill out and submit an Affidavit of Support on Form I-864.

The purpose of the Affidavit of Support is to assure the U.S. government that the immigrant is not inadmissible as someone likely to become a public charge -- that is, receive need-based government assistance (often called "welfare"). The Affidavit represents the petitioner/sponsor's promise to support the immigrant financially for a period of years, so that he or she will not need such assistance -- or at least to pay back (reimburse) any government agencies from which the immigrant does claim such assistance.

However, a few lucky applicants are exempt from the Affidavit of Support requirement, and do not need to submit a Form I-864 at all. You cannot, however, just leave Form I-864 out of your application packet and expect the immigration authorities to figure out the reason. You will instead need to include a form called an I-864W, explaining the grounds for the exemption.

Form I-864W is fairly easy to fill out. In Part 2, you check the box that describes the reason for your exemption. Only employment-based waivers have a requirement for supporting evidence.

Download Form I-864W and instructions (PDF file)

Reasons for exemption

(Excerpted from Intending Immigrant’s Affidavit of Support Exemption, Form I-864W, Checklist )

The Form I-864W may be submitted ONLY IF any of the following apply to you, the visa applicant:

• Has, or can be credited with, 40 quarters of covered employment

• Are a child meeting the requirements of the Child Citizenship Act of 2000 (CCA) to become a U.S. citizen immediately upon entry under into the U.S.

• Are a self-petitioning widow/widower

• Are the battered spouse of U.S. citizen or the child of battered spouse of a U.S. citizen

Employment-based waiver

IF… The applicant you are sponsoring has earned or can be credited with at least 40 eligible quarters under the Social Security Act (SSA)

THEN you need to…

1. Complete an I-864W on your computer using CAPITAL letters. Check the first box: "I have eared (or can be credited with) 40 quarters (credits) of coverage under the Social Security Act (SSA). (Attach SSA earnings statements. Do not count any quarters during which you received a means-tested public benefit)."

2. Print the completed form

3. Sign it

4. Include supporting documentation

A signed statement from the person who earned the quarters must be attached to the I-864W. An earnings and benefits statement from the Social Security Administration (SSA) showing the number of qualifying quarters earned by the applicant must be attached to the I-864W. To make a request to the SSA use Form SSA-7004-SM, or in the U.S. call the SSA’s toll free number, 1-800-772-1213.

5. Attach the bar code sheet [NOTE: This is printed following payment of the Affidavit of Support fee - yes you still have to pay it even though you are submitting a waiver - through the National Visa Center payment portal found here and

6A. Mail them to the NVC UNLESS you have joined the E-Mail Electronic Processing program, then…

6B. Scan the I-864W to Portable Document Format (PDF) and send it as an e-mail attachment to NVCElectronic@state.gov. Sending physical documents to the NVC will delay the processing of your case. When sending completed forms to the NVC do not include instruction pages or any other sheets which do not carry information you entered while completing the form.

Child beneficiary

If you are sponsoring a child who will become a U.S. citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA)...

THEN you need to:

1. Complete an I-864W on your computer using CAPITAL letters. Check the second box: "I am under 18, unmarried, immigrating as the child of a U.S. citizen, and will automatically become a U.S. citizen under the Child Citizenship Act of 2000 upon my admission to the United States."

2. Print the completed form

3. Sign it. [NOTE: if the child is less than 14, the U.S. Citizen parent will sign]

4. Attach the bar code sheet [NOTE: This is printed following payment of the Affidavit of Support fee - yes you still have to pay it even though you are submitting a waiver - through the National Visa Center payment portal found here]

5A. Mail them to the NVC UNLESS you have joined the E-Mail Electronic Processing program, then…

5B. Scan the I-864W to Portable Document Format (PDF) and send it as an e-mail attachment to NVCElectronic@state.gov. Sending physical documents to the NVC will delay the processing of your case. When sending completed forms to the NVC do not include instruction pages or any other sheets which do not carry information you entered while completing the form.

What Are the Requirements of the Child Citizenship Act of 2000? (from Child Citizenship Act of 2000)

The child must meet the following requirements:

1. Have at least one American citizen parent by birth or naturalization;

2. Be under 18 years of age;

3. Live in the legal and physical custody of the American citizen parent;

4. Be admitted as an immigrant for lawful permanent residence.

[NOTE: These last two requirements will be met by the visa application process - arrival at a Point of Entry (POE) with an IR-2 visa fulfills the requirements]

In addition, if the child is adopted, the adoption must be full and final.

Self-petitioning widow(er)

1. Complete an I-864W on your computer using CAPITAL letters

2. Review the I-864W Checklist

3. Print the completed form

4. Attach the bar code sheet, and

5A. Mail them to the NVC UNLESS you have joined the E-Mail Electronic Processing program, then…

5B. Scan the I-864W to Portable Document Format (PDF) and send it as an e-mail attachment to NVCElectronic@state.gov. Sending physical documents to the NVC will delay the processing of your case. When sending completed forms to the NVC do not include instruction pages or any other sheets which do not carry information you entered while completing the form.

Self-petitioning battered spouse or child

1. Complete an I-864W on your computer using CAPITAL letters

2. Review the I-864W Checklist

3. Print the completed form

4. Attach the bar code sheet, and

5A. Mail them to the NVC. UNLESS you have joined the E-Mail Electronic Processing program, then…

5B. Scan the I-864W to Portable Document Format (PDF) and send it as an e-mail attachment to NVCElectronic@state.gov. Sending physical documents to the NVC will delay the processing of your case. When sending completed forms to the NVC do not include instruction pages or any other sheets which do not carry information you entered while completing the form.