Public Charge

PUBLIC CHARGE

GUIDANCE FOR PREPARING AND SUBMITTING USCIS FORM I-864A & SUPPORTING DOCUMENTS

Last Updated June 13, 2023



Form I-864A: https://www.uscis.gov/sites/default/files/document/forms/i-864a.pdf

Official USCIS Instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf



Why Does a Household Member Complete Form I-864A?

A household member completes this contract if the household member sponsor income and/or assets will be used to demonstrate the sponsors ability to meet the income requirements and to maintain the sponsored immigrant at an annual income at the level specified in INA section 213A(f)(l)(E) or section 213A(f)(3).

If the Intending Immigrant Is a Household Member, Must He or She Complete This Contract?

If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this contract only if you have accompanying dependents. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this contract, even if you have accompanying dependents.

Filing Fee: There is no filing fee to file Form I-864A with USCIS.



Where do I file? This contract MUST be filed with Form I-864.

Who completes this form?

The sponsor and a household member complete and sign this form. If either the sponsor or the household member is under guardianship, the guardian of that individuals estate (financial affairs) may sign the form.

  • In most cases, the sponsor must be the individual who filed the visa petition for the intending immigrant. By signing this form, the sponsor agrees to financially support the intending immigrant who is applying for either an immigrant visa or adjustment of status to become a lawful permanent resident.

  • If the individual who filed the visa petition has died, a substitute sponsor may sign this form along with a household member.

  • If there is a joint sponsor, the joint sponsor may sign this form along with a household member.

  • By signing this form, a household member agrees to help the sponsor, substitute sponsor or joint sponsor financially support the intending immigrant because the sponsor, substitute sponsor or joint sponsor does not meet the income requirements to financially support the intending immigrant on his or her own.

  • If the sponsor alone is unable to provide full financial support to the principal immigrant and his or her family members, the sponsor may include income from a household member by filing Form I-864A. The sponsor needs to submit taxes and W2’s if he or she is not using an IRS printout, or provide a reason for not filing taxes.

Principal Immigrant

The principal immigrant must submit one original Form I-864 and Form I-864A for his or her file along with supporting financial evidence of the sponsor’s and household member’s income. A Form I-864 or Form I-864A is considered original if it is signed in black ink.

The principal immigrant should submit photocopies of the completed Form I-864 and Form I-864A for each of the family members traveling with him or her. Copies of supporting financial documents are not required for the principal immigrant’s family members.



Tips on completing Form I-864A

SECTION

WHAT TO DO

Part 1

The household member completes this section.

Part 1, Questions 6.a-7

The household member provides his or her Place of Birth and Social Security Number, if you have one.

Part 2, Questions 1.a.-1.c.

The household member indicates the relationship to the sponsor (or, if appropriate, the joint sponsor or substitute sponsor).

Part 3, Questions 1.a.-2.
And Part 4, Questions 1-3d

The household member provides this employment information and current individual annual income.

In the beginning of Part 5

The sponsor (or, if appropriate, a joint sponsor or substitute sponsor) must print their name and the number of intending immigrants being sponsored. This number should include all intending immigrants that were listed in Part 5, Questions 1.a-25 and those listed in Part 9, Additional Information (if any).

Part 5

List only the intending immigrants that are being sponsored on Form I-864.

Part 5, Questions 31.a.-31.b.

The sponsor (or, as appropriate, a joint sponsor or substitute sponsor) must sign and date the form. The signature needs to be original (not a photocopy).

Part 6, Questions 6.a-6.c

The household member must print, sign and provide the date of signature in black ink. The signature needs to be original (not a photocopy).



Supporting Documents Checklist

The following items must be submitted with Form I-864A:

For ALL sponsors:

  • A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

For SOME sponsors:

      • If your legal guardian is signing this Form I-864A for you, the legal guardian must present:

      • Proof of the appointment as legal guardian of your estate; and

      • A copy of an order from the appointing court or agency specifically permitting the legal guardian to make your income and assets available for the support of the sponsored immigrant


PROVIDING TAX RETURNS WITH THE FORM I-864A

June 13, 2023

You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a government official; a plain transcript or photocopy is acceptable.

Do not submit copies of your state income tax returns. Do not submit any tax returns that you filed with any foreign government unless you are claiming that you were not required to file a Federal income tax return with the United States government and you wish to rely on the foreign return solely to establish the amount of your income that was not subject

to tax in the United States.

If you provide a photocopy of your tax returns, you must include a copy of each and every FormW-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your returns rather than a photocopy unless you filed a joint Federal income tax return with your spouse.

If you selected Item Number 1.b. in Part 3., that you are self-employed, you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming).

You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return. As stated previously, you must submit an IRS transcript or copy of your Federal individual income tax return for the most recent tax year.

If you choose to rely on income from the three most recent tax years, you must submit an IRS transcript or copy of your Federal individual income tax return. If you were required to file a Federal income tax return for that tax year but did not do so, you must file any and all late returns with the IRS and attach an IRS transcript or copy of your late return and submit it with Form I-864A.

If you were not required to file a Federal income tax return under U.S. tax law

because your income was too low, attach a typed or printed explanation.

If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and how you qualified for it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See Filing Requirements in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

For purposes of this contract, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for Adjusted Gross Income will be considered.

Obtaining Tax Transcripts. You may use IRS Form 4506-T to request tax transcripts from the IRS. Complete IRS Form 4506-T with the ending date for each of your three most recent tax years listed on line 9. Follow all instructions for completing and filing Form 4506-T with the IRS.

Every contract MUST contain the signature of the household member (or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.

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