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For whom is an Affidavit of Support Required?

You must complete and submit an affidavit of support, if you are bringing a relative to the United States. An affidavit of support is required for all immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family-based preferences:

First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.

Second Preference: Spouses of lawful permanent residents and the unmarried sons and daughters (regardless of age) of lawful permanent residents and their unmarried children.

Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children.

Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children.

You must also complete an affidavit of support if you are a U.S. citizen or lawful permanent resident and filed an employment-based immigration petition for a relative or if you have a significant ownership interest (5 percent or more) in a business that filed an employment-based immigrant petition for your relative.

Persons whom the USCIS has approved as self-petitioning widows or widowers or battered spouses and children are exempt from this requirement. Petition for Amerasian, Widow(er) or Special Immigrant. Relatives who enter as refugees or asylees also do not require affidavits of support.
All relatives for whom you file a separate I-130 or I-140 petition must have an original affidavit of support and accompanying documentation. You may submit photocopies of the affidavit of support you complete for your relative for any spouse or children immigrating with your relative and listed on the petition. You do not need to photocopy the accompanying documentation for these family members.

Other types of aliens, including parolees, students, and diversity immigrants are not sponsored using Form I-864. A different affidavit of support is used for these aliens if an immigration or consular officer requires it.

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