Form I-864EZ, Affidavit Of Support Under Section 213A Of The Act | Law Office Of Asel Mukambetova (2024)

Last updated: April 8, 2024.

By Asel Mukambetova, Esq. · Columbia Law School · Licensed immigration attorney

Form I-864-EZ is a specific simplified version of the Affidavit of Support form used in the United States for family-based immigration.

The Affidavit of Support is a required document for certain family-based and employment-based immigrants to demonstrate that they have a sponsor who can financially support them in the U.S., thereby ensuring that they will not become a “public charge”.

In this guide, we will discuss the Form I-864-EZ – who is eligible to file this form, checklist of required documents and how to fill the form out.

The regular Form I-864, Affidavit of Support, is discussed in more detail in our guide.

Sponsors (U.S. citizens and permanent residents) petitioning a family member for permanent residence are called “Petitioners”. Foreign nationals being sponsored for immigrant visa or green card are called “Beneficiaries” or “Intending Immigrants”.

Who can file Form I-864-EZ?

Form I-864-EZ can be used by U.S. citizens or lawful permanent residents (green card holders) who meet the following requirements:

  • Sponsor is petitioning for only one family member;
  • Is employed (not self-employed). It means that you have a W-2 form issued by your employer for the most recent year
  • Will satisfy the financial requirements with income (not assets). It means that the sponsor’s current income is above the 125% of the USCIS Poverty Guidelines or above 100% if sponsor is on active duty in the U.S. Armed Forces and sponsoring a spouse or unmarried child under 21)
  • Using only their individual income (not using other household members’ or joint sponsors’ income)

All other sponsors must use the regular Form I-864, Affidavit of Support.

Note: sponsors who meet the I-864-EZ form requirements are allowed to use the regular Form I-864 to submit their Affidavit of Support.

Form I-864EZ does not have to be signed in front of a notary. The sponsor signs the form in ink, dates it and swears under penalty of perjury that the information provided is correct. Typed names and electronic signatures on Form I-864EZ are not accepted.

Which version of Form I-864EZ can I use?

As with all USCIS (U.S. Citizenship and Immigration Services) immigration forms, you must always use the most current version of Form I-864EZ. It can be downloaded from the USCIS official website. Failure to use the most current version of Form I-864EZ might result in application rejection which will significantly delay the intending immigrant’s processing time.

Form I-864EZ checklist

Form I-864EZ must be accompanied by supporting documents demonstrating the sponsor is financially able to support the applicant.

Form I-864EZ checklist of required documents:

  • If the sponsor is a U.S. citizen, proof of U.S. citizenship. At least one of the following documents:
    • U.S. birth certificate (if born in the U.S.);
    • Unexpired biographic page of U.S. passport;
    • Naturalization certificate;
    • Citizenship certificate, OR
    • Consulate Report of Birth Abroad (only if the sponsor was born abroad and obtained a Consulate Report of Birth Abroad, or CRBA)
  • If the sponsor is a permanent resident:
    • Green card (front and back); or
    • Immigrant visa stamped by CBP (Customs and Border Patrol)
  • For all sponsors:
    • Federal tax return (all pages) for the most recent year or IRS tax transcript. Do not submit the state income tax returns
    • W-2 form(s) for the most recent year
    • Current employment verification letter (optional but recommended)
  • ONLY if the sponsor is residing abroad and the beneficiary is applying for an immigrant visa at the U.S. Embassy or Consulate (if requested by the National Visa Center, NVC):
    • Proof of U.S. domicile:
      • a voting record in the United States (local, State, or Federal elections)
      • records of paying U.S. state or local taxes, having property in the United States
      • maintaining bank or investment accounts in the United States
      • having a permanent mailing address in the United States
      • other proof such as evidence that the sponsor is a student studying abroad or that a foreign government has authorized a temporary stay
      • 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
      • A written statement signed by the sponsor stating that the sponsor intends to establish a domicile in the U.S. no later than the intending immigrant’s visa is issued

When am I required to submit Form I-864Z?

If the intending immigrant (beneficiary) is physically present in the U.S. and will be applying for Adjustment of Status, Form I-864Z and supporting documentation must be submitted together with the Form I-485, I-485, Application to Register Permanent Residence or Adjust Status. Failure to submit an Affidavit of Support (Form I-864Z) with Form I-485 might result in application denial.

If the intending immigrant (beneficiary) is outside the U.S. and will be applying for an immigrant visa at the U.S. Embassy or Consulate in their home country, Form I-864EZ must be submitted together with Form DS-260. Form DS-260 can be completed only after Form I-130 is approved. The National Visa Center (NVC) will email and/or mail the instructions on logging into the DS-260 online form after Form I-130 is approved.

How to fill out Form I-864EZ?

General instructions on filling out the Form I-864EZ:

  • Type or print legibly in black ink.
  • All dates must be entered in the mm/dd/yyyy format. You may provide approximate dates if you do not know the exact date. Do not leave a date response blank.
  • If you need extra space to complete any item in the Form I-864, go to Part 11, Additional Information. Indicate the Page Number, Part Number, and Item Number to which your answer refers.
  • Answer all questions fully and accurately. USCIS instructions advise that if an item is not applicable or the answer is “none,” to type or print “N/A”
  • Sign and date the form

Form I-864EZ consists of 9 parts.

For Government Use Only – leave this section blank.

To be completed by an attorney or accredited representative (if any) – this section must be filled out by your attorney or accredited representative. If you are preparing this form yourself or your preparer is not an attorney or accredited representative, leave this section blank.

Part 1. Qualifying to Use Form I-864EZ – this section must be completed by the petitioner. Petitioner is a U.S. citizen or green card holder sponsoring their family member (spouse, child, parent, sibling) for permanent residency using Form I-130.

1.a. I am the petitioner of the family member sponsored on this affidavit:

  • Answer “Yes” if you are sponsoring one family member only and you have filed or will be filing Form I-130 to petition this family member for permanent residency (either in the U.S. or abroad)
  • Answer “No” if you are sponsoring more than one family member and you did not file or will not be filing Form I-130 to sponsor the family members for permanent residency. In this case, you must use the regular Form I-864

1.b. I am using my own earned or retirement income, which is documented using Internal Revenue Service (IRS) Form W-2:

  • Answer “Yes” if you will be using your own individual income and you receive Form W-2 from your employer or retirement plan.
  • Answer “No” if you are self-employed, or receive 1099 form(s) for work you perform as independent contractor or dividends income. You cannot use Form I-864EZ if you will be using your assets, someone else’s income (a household member’s or joint sponsor’s income). If you answered “No”, you must use the regular version of Form I-864

Part 2. Information About the Immigrant You Are Sponsoring (Intending Immigrant) – in this section, provide information about the beneficiary, a person being sponsored for permanent residence

Name of Immigrant

1.a. Family Name (Last Name) enter the beneficiary’s last name

1.b. Given Name (First Name) enter the beneficiary’s first name

1.c. Middle Name enter the beneficiary’s middle name (if any). If the beneficiary does not have a middle name, leave this field blank

Mailing address

2.a. – 2.i. – provide the beneficiary’s mailing address (in the U.S. or abroad). If the beneficiary wants to receive the correspondence herself/himself, leave “In Care of Name” field blank. If the beneficiary wants someone to receive the correspondence on their behalf, enter that person’s first and last name in the “In Care of Name” field.

Other Information

  1. Daytime Telephone Number – enter the beneficiary’s daytime phone number (it can be a cell phone number) in the U.S. or abroad. If you need more space to provide the beneficiary’s foreign phone number, you can enter it on the last page of the Form (Part 9. Additional Information). Indicate the Page Number, Part Number, and Item Number to which your answer refers.
  1. Date of Birth (mm/dd/yyyy) – enter the beneficiary’s date of birth in the mm/dd/yyyy format.
  1. Alien Registration Number (A-number) (if any)enter the beneficiary’s A number. Learn where to find the A number. If the intending immigrant doesn’t have an A number, enter “None”.
  1. USCIS Online Account Number (if any) – if the beneficiary has ever created an USCIS Online Account Number, enter it in this field. If you never created an online USCIS account or do not have access to it, leave this field blank. Keep in mind that USCIS Online Account Number is not the same as an A-Number (Alien Registration Number).
  1. U.S. Social Security Number (if any) – enter the beneficiary’s SSN (Social Security Number). Intending immigrants who have never been in the US, do not have SSNs. If the intending immigrant does not have a SSN, enter “None”.

Part 3. Information About You (Sponsor) – provide the petitioner’s information in this section

1.a. Family Name (Last Name) enter the petitioner’s last name

1.b. Given Name (First Name) enter the petitioner’s first name

1.c. Middle Name enter the petitioner’s middle name (if any). If the beneficiary does not have a middle name, leave this field blank

Mailing address

2.a. – 2.i. – provide the petitioner’s mailing address (in the U.S. or abroad). If the petitioner wants to receive the correspondence herself/himself, leave “In Care of Name” field blank. If the petitioner wants someone to receive the correspondence on their behalf, enter that person’s first and last name in the “In Care of Name” field.

  1. Is your current mailing address the same as your physical address? – Answer “Yes” if you listed your physical address as mailing address in the previous question. If your mailing address is different from your physical address answer “No”.

Physical address – this section must be filled out by the petitioner only if the petitioner’s mailing address and physical address are different. If the petitioner’s mailing address is the same as his/her physical address, leave this section blank.

4.a. – 4.h. – provide the petitioner’s physical address (in the U.S. or abroad).

Other Information – this section collects the petitioner’s information

  1. Country of domicile – enter the country where the petitioner maintains his/her principal residence and where the petitioner plans to reside for the foreseeable future. If the petitioner enters “U.S.”, no additional information is required. If the petitioner enters any other foreign country, then proof of U.S. domicile must be provided with Form I-864EZ.
  1. Date of birth – enter the petitioner’s date of birth in the mm/dd/yyyy format.
  1. City or Town of Birth – enter the petitioner’s city or town of birth.
  1. State or Province of Birth (if applicable) – enter the petitioner’s state or province of birth. If this question does not apply to the petitioner, enter “Not applicable”.
  1. Country of birth – enter the petitioner’s country of birth.
  1. U.S. Social Security Number (Required) – enter the petitioner’s SSN. This is a required field. Petitioner filing Form I-864EZ must submit a federal tax return (or IRS tax transcript) and Form W-2 for the most recent year.
  1. USCIS Online Account Number (if any) – if the petitioner has ever created an USCIS Online Account Number (12-digit number), enter it in this field. If you never created an online USCIS account or do not have access to it, leave this field blank. Keep in mind that USCIS Online Account Number is not the same as an A-Number (Alien Registration Number). If you have access to your online USCIS account, you can find your online account number in “My Account” – “Profile” – Online Account Number.

Form I-864EZ, Affidavit Of Support Under Section 213A Of The Act | Law Office Of Asel Mukambetova (1)

Citizenship or Nationality – this section collects information about the petitioner

  1. I am a U.S. citizen – choose this box if the petitioner was born in the U.S., naturalized, obtained citizenship through parents or was born abroad and obtained a Consular Report of Birth Abroad.

13.a. I am a lawful permanent resident – choose this box if the petitioner is a green card holder.

13.b. My alien registration number is – U.S. citizens born in the U.S. or those who obtained citizenship through Consular Report of Birth Abroad do not have Alien Registration Numbers. They must leave this section blank. Permanent residents, naturalized U.S. citizens, those who applied for Certificate of Citizenship do have Alien Registration Numbers issued. This number can be found on the green card, certificate of naturalization, or certificate of citizenship. Alien Registration Number (A Number) – Where to Find it?

Military Service – this question must be answered by the petitioner

  1. I am currently on active duty in the United States Armed Forces or U.S. Coast Guard – answer “Yes” if the petitioner is on active duty in the U.S. military. Answer “No” if you the petitioner is not on active duty in the U.S. military.

Part 4. Information About Your Household Size – this section gathers information about the petitioner’s household size. This guide provides more information about counting the household size for purposes of Form I-864 and I-864WZ.

Note: Do not count any household member more than once

1.a. Yourself and the person you are sponsoring on this Form I-864EZ – the default number is set to 2. Do not change it.

1.b. Your spouse – enter “1” if you are married. If you are sponsoring your spouse on this form, enter “0” as you cannot count the same household member more than once. Enter “0” even if your spouse is located outside the U.S. and not residing with you.

1.c. Your dependent children under 21 years of age – list the total number of all the petitioner’s children under 21 years of age (living with petitioner or separately, in the U.S. or abroad).

1.d. If you have sponsored any other persons on a Form I-864 who are now lawful permanent residents in the United States, enter the number here – enter the total number of other immigrants you have sponsored in the past using Form I-864 or I-864EZ (as a main sponsor, joint sponsor, or substitute sponsor).

1.e. If you have any other dependents listed on your most recent Federal income tax return, enter the number here – if petitioner listed dependents on the Federal income tax return for the most recent year, enter the total number of dependents claimed.

1.f. Add together Item Numbers 1.a. – 1.e. and enter the number here. This is your HOUSEHOLD SIZE for the purpose of this Form I-864EZ – if you are filling out this form on the computer, the pdf form will calculate the total household size number automatically. Otherwise, manually enter the total number of all persons listed in this part.

Part 5. Information About Your Employment and Income – this section is completed by the petitioner

I am currently:

  • Employed (Complete Item Numbers 2.a. – 2.c.) – choose this box if you are employed by a company and receive a W-2 wages statement
  • Retired (Complete Item Numbers 3.a. – 3.b.) – choose this box if you are retired.

Note: if the petitioner is self-employed or works as an independent contractor and receives 1099 forms, or relies on household member’s or joint sponsor’s income, petitioner must instead use the Form I-864.

2.a. Current occupation – if petitioner is employed, enter the petitioner’s occupation in this field (for example, registered nurse, software engineer, sales representative, etc.) Leave this field blank if the petitioner is retired.

2.b. Name of Employer 1 – if the petitioner is employed, enter the petitioner’s employer name (company or organization). For example, Cisco Inc., Montefiore Hospital Center, etc. Leave this field blank if the petitioner is retired.

2.c. Name of Employer 2 (if applicable) – fill out this field only if the petitioner has more than one employer. If the petitioner has only one employer or retired, leave this blank.

3.a. Name of Former Employer – if the petitioner is retired, enter the petitioner’s previous employer name (company or organization). Leave this blank if the petitioner is employed.

3.b. Date of retirement (mm/dd/yyyy) – if the petitioner is retired, enter the retirement date in the mm/dd/yyyy format. Leave blank if the petitioner is employed.

  1. My current individual annual income $ – enter the petitioner CURRENT individual yearly income. If the petitioner’s income changed compared to the last year, enter the current year’s expected yearly income in $_______/year format.

Federal Income Tax Information – this section gathers the petitioner’s federal income tax information for the last 3 years.

5.a. Have you filed a Federal income tax return for each of the three most recent tax years? – Answer “Yes” if the petitioner has filed federal income tax returns for the last three years. Answer “No” if the petitioner did not file the federal income tax returns for the previous three years.

Note: if the petitioner (U.S. citizen or permanent resident) is residing abroad, they are still required to file the federal income tax returns. If the petitioner did not file the federal income tax return for the most recent year, a written statement explaining the reasons for non-filing of the most recent year’s federal income tax return must be provided.

5.b. (Optional) I have attached photocopies or transcripts of my Federal income tax returns for my second and third most recent tax years – Submitting the federal income tax returns for the second and third most recent tax years is OPTIONAL and must be chosen only by petitioners who believe that the additional tax returns will help them meet the minimum income requirements. Petitioners are only required to submit the federal income tax return for the most recent year. If the petitioner wants to provide tax returns for the last 3 years, choose this box. Otherwise, leave this box unchecked.

My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:

6.a. Most Recent – enter the tax year and the total income listed on your previous year’s federal tax return. Mandatory for all petitioners. You can find the “total income” line on the 1st page of petitioner’s federal income tax Form 1040, Line 9, “This is your total income”. IRS 1040EZ was discontinued from 2018.

6.b. 2nd Most Recent – enter the tax year and the total amount listed on the petitioner’s federal income tax return for the second most recent tax year. This field is optional and must be filled out ONLY by the petitioners who decided to submit all tax returns for the last 3 years.

6.c. 3rd Most Recent – enter the tax year and the total amount listed on the petitioner’s federal income tax return for the third most recent tax year. This field is optional and must be filled out ONLY by the petitioners who decided to submit all tax returns for the last 3 years.

Part 6. Sponsor’s Contract, Statement, Contact Information, Declaration, Certification, and Signature – this part must be completed by the petitioner.

Sponsor’s statement

1.a. I can read and understand English, and I have read and understand every question and instruction on this contract and my answer to every question – choose this box if the petitioner is fluent in English and did not use an interpreter’s services to prepare this form.

1.b. The interpreter named in Part 7. read to me every question and instruction on this contract and my answer to every question in ______________ (enter your native language, for example Spanish), a language in which I am fluent, and I understood everything – choose this box if the petitioner used an interpreter’s services to understand the questions on this form. Anyone can serve as an interpreter – a family member, friend, or professional interpreter. Indicate into which language the interpreter translated questions on this form.

  1. At my request, the preparer named in Part 8., _______________(enter the preparer’s first and last name), prepared this contract for me based only upon information I provided or authorized – choose this box if anyone helped the petitioner to prepare this form (it can be a family member, a friend, interpreter or immigration attorney). Enter the preparer’s first and last name. If the petitioner prepared the form herself/himself, leave this box unchecked.

Sponsor’s Contact Information

In this section provide the phone number and email address of the petitioner who is filing Form I-864EZ for the intending immigrant.

  1. Sponsor’s Daytime Telephone Number – enter petitioner’s cell phone or work phone number in this field where the petitioner will be available at daytime hours
  2. Sponsor’s Mobile Telephone Number (if any) – enter petitioner’s cell phone number
  3. Sponsor’s Email Address (if any) – enter petitioner’s email address.

Sponsor’s Signature

This section must be signed by the petitioner (sponsor) who is filing Form I-864EZ for the intending immigrant.

6.a. Sponsor’s Signature – petitioner must sign in black ink. Do not type or stamp the petitioner’s name. It must be a handwritten signature.

6.b. Date of Signature (mm/dd/yyyy) – date the form in the mm/dd/yyyy format.

Unsigned or undated forms will be rejected by USCIS.

Part 7. Interpreter’s Contact Information, Certification, and Signature

Part 7 must be completed by an interpreter who helped to translate the questions on this form.

If you did not use a translator to complete this form, leave Part 7 blank.

If an interpreter was used to read the questions on this form, Part 7 must be completed with the information of the interpreter and the interpreter must sign and date certifying that they are:

  • Fluent in English and the language used by the applicant;
  • They have completely read the application to the applicant in that language; and
  • The applicant confirmed they understood what was in the application and they verified the accuracy of the application.

Part 7 is filled out by entering the following details:

  • Full legal name of the interpreter
  • The name of the interpreter’s business or organization (if applicable). If the interpreter does not belong to any company or organization, enter “Not applicable”.
  • Interpreter’s mailing address, daytime phone number, and email address.

Interpreter’s Certification – The language used by the interpreter to translate the form to the petitioner is entered in the appropriate box in the certification. It should be the same language listed in Part 6.

The interpreter must sign and date the Interpreter’s Certification where indicated at Questions 7.a. and 7.b. that can be found in Part 7 of this form.

Part 8. Contact Information, Declaration, and Signature of the Person Preparing this Contract, If Other than the Sponsor or Household Member

Part 8 must be completed only if any person has assisted you to prepare this form (a friend, immigration attorney, any other person).

If you did not use a preparer to complete this form, leave the whole Part 8 blank.

This part is completed and signed by the preparer.

Part 8 is completed by the preparer answering Questions 1–7: full name, preparer’s company or organization (can enter “Not applicable” if preparer is not a part of a company or organization), mailing address, daytime telephone number, cell phone (if any), and email address (if any).

Preparer must sign the Preparer’s Statement, declaring that they prepared the Form I-864EZ based on the information provided by the petitioner, and it is based on all the information of which the preparer has knowledge. The preparer must sign and date the Preparer’s Declaration where indicated as Questions 8.a. and 8.b.

Part 9. Additional Information

You can use this if there is not enough space in any other parts of the form to provide all requested information.

Note: Even if no information is provided in Part 9, this page should still be included with the application when submitted to USCIS.

If additional space is required, make additional copies of this page to provide all the details requested.

If Part 8 is being used to provide additional information, enter the intending immigrant’s name and Alien Registration Number (A-Number) (if intending immigrant has one), where indicated on each page being used.

For each additional item of information provided, indicate the Page Number, Part Number, and Item Number to which your answer refers.

Learn more:

Form I-864EZ Instructions

Form I-864EZ, Affidavit Of Support Under Section 213A Of The Act | Law Office Of Asel Mukambetova (2024)
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