Master prompt
Affidavits + Form I-864 Affidavit of Support framework (US)
Build the I-864 / I-864A package for family-based AOS or IV; draft supporting affidavits (name discrepancy, relationship, single status); apply notary / witness rules.
USI-864I-864AAffidavit of SupportPublic chargeINA 213ANotary
Build the I-864 Affidavit of Support package and any companion affidavits for [BENEFICIARY_NAME]'s family-based immigration filing. The petitioner / primary sponsor is [PETITIONER_NAME] ([PETITIONER_RELATIONSHIP]).
§1 — INA §213A FRAMEWORK
INA §213A and 8 CFR §213a establish:
• Form I-864 Affidavit of Support is a LEGALLY ENFORCEABLE contract between the sponsor, the intending immigrant, and the US government
• Sponsor commits to financially support the immigrant at 125% of the Federal Poverty Guidelines (FPG) until the immigrant:
— Becomes a US citizen, OR
— Has worked 40 qualifying quarters (~10 years), OR
— Permanently departs the US, OR
— Dies
• Divorce does NOT terminate the I-864 obligation
• Means-tested public benefits used by the sponsored immigrant can be sought from the sponsor as reimbursement
Who needs to file I-864:
• All FAMILY-BASED immigrants (immediate relative IR, F1-F4 preference)
• Some EMPLOYMENT-BASED immigrants where 5%+ ownership by a relative employer
• Children of US citizens immigrating per IR-2 (unless Child Citizenship Act applies)
Who is EXEMPT (file Form I-864W instead):
• Children acquiring citizenship under CCA upon admission as IR-2
• Self-petitioning widow(er)s under §201(b)
• VAWA self-petitioners
• Immigrants who already have 40 quarters of Social Security coverage
§2 — INCOME REQUIREMENT (125% FPG)
For [HOUSEHOLD_SIZE] household:
• Identify current year HHS Poverty Guidelines (Form I-864P updated annually)
• Multiply by 1.25 for civilian sponsors; 1.00 (100%) for active-duty military sponsors petitioning for spouse / child
• 2026 FPG approximate (verify against Form I-864P released for the year): // 2026-05 — verify
— Household of 2: 125% FPG ≈ $25,550
— Household of 3: 125% FPG ≈ $32,200
— Household of 4: 125% FPG ≈ $38,850
— Household of 5: 125% FPG ≈ $45,500
— Household of 6: 125% FPG ≈ $52,150
Sponsor's [PETITIONER_INCOME] of $[PETITIONER_INCOME]:
Compute: Does [PETITIONER_INCOME] meet 125% FPG for [HOUSEHOLD_SIZE]?
• YES → primary sponsor's I-864 is sufficient on its own
• NO → ADD a household-member contributor (I-864A) OR a joint sponsor (additional I-864)
§3 — JOINT SPONSOR (No)
If No indicates "Yes":
• Joint sponsor files a SEPARATE I-864
• Joint sponsor's household must independently meet 125% FPG (count joint sponsor + their dependents — not the petitioner's household)
• Joint sponsor must be: US citizen or LPR, age 18+, US-domiciled, willing to accept legal obligation
• Joint sponsor's income is the sole basis — cannot combine income across multiple non-household joint sponsors (one joint sponsor per immigrant, or two if there are multiple intending immigrants in the case)
If No is "No": primary sponsor I-864 is the only required form.
§4 — I-864A HOUSEHOLD MEMBER
Used when a HOUSEHOLD MEMBER of the primary sponsor contributes income to meet the 125% FPG threshold:
• Spouse of sponsor
• Adult child living with sponsor
• Parent or sibling living with sponsor
• Anyone else listed on the sponsor's tax return as dependent
The household member signs Form I-864A — they share the legal obligation with the primary sponsor.
Document requirements for I-864A signer: same income and tax documentation as primary sponsor.
§5 — DOCUMENTS REQUIRED WITH I-864
Primary sponsor [PETITIONER_NAME]:
A. Form I-864 — completed, signed, dated
B. EVIDENCE OF US CITIZENSHIP / LPR STATUS:
• US citizen: passport biographical page OR Certificate of Naturalization OR US birth certificate
• LPR: green card (both sides) AND evidence of unrelinquished status (US-domicile evidence — see below)
C. TAX EVIDENCE (last 3 tax years):
• IRS tax return TRANSCRIPTS (preferred — get free from IRS.gov "Get Transcript")
• OR signed Form 1040 copies WITH all W-2s and 1099s
• If self-employed: include all Schedules (C, E, etc.)
• If filed jointly: spouse's W-2 separated to show sponsor's individual portion of income
• Most recent year is critical — older years supplemental
• If non-filer (e.g. income below filing threshold): IRS Form 4506-T attestation of non-filing + explanation
D. CURRENT INCOME EVIDENCE:
• Recent pay stubs (most recent 6 months)
• Employer letter on letterhead: title, start date, current salary, anticipated annual income
• Self-employed: most recent quarterly statements / 1099s
E. ASSETS (if income alone insufficient; assets must equal 3× the shortfall for spouse/child of citizen or 5× otherwise):
• Bank statements (last 12 months for major accounts)
• Investment / brokerage statements
• Real estate: deed + recent appraisal + outstanding mortgage statement (net equity counts)
• Cars / valuables typically excluded
F. US DOMICILE EVIDENCE (for sponsor):
• Lease / mortgage / utility bills in US
• State driver's license
• Voter registration
• If currently abroad: evidence sponsor will re-establish US domicile before or with immigrant's entry
G. PROOF OF RELATIONSHIP for [PETITIONER_RELATIONSHIP]:
• Marriage certificate (spouse cases)
• Birth certificate (parent / sibling cases)
• Adoption decree if applicable
Joint sponsor (if needed): same documents A-F.
Household member (I-864A): completed I-864A + tax evidence + employer letter / pay stubs.
§6 — INDIA-CONTEXT POINTS FOR THE BENEFICIARY SIDE
[BENEFICIARY_NAME] does not sign I-864 — only the sponsor(s) do. But beneficiary should:
• Confirm relationship documentation aligns across all forms (consistent name spelling)
• Be prepared to discuss US domicile of sponsor at IV interview
• If sponsor recently moved to US: bring sponsor's US domicile evidence (sponsor's domestic move signals to consular officer the sponsor will reside in US with beneficiary)
§7 — COMPANION AFFIDAVITS (None)
For each item in None:
NAME DISCREPANCY AFFIDAVIT:
• Used when name varies across documents (e.g. passport says "Aanya Sharma", birth certificate says "Aanya K Sharma", school records say "Anya Sharma")
• Sworn by [BENEFICIARY_NAME] (the affiant)
• Identifies each variant + explains source (e.g. "K is for Kumari, my middle name; school records dropped the middle name; my passport drops it as well")
• Notarised by US notary OR Indian notary + apostille if filing with NVC
• Format: see §8 below
RELATIONSHIP AFFIDAVIT (from third parties):
• Used to corroborate bona fide marriage / family relationship
• 2-3 affiants who personally know the parties (friends, employer, religious leader, neighbor)
• Each affiant states: how long they have known the parties, basis of knowledge of the relationship, specific observations (attended wedding, visited the home, etc.)
• Signed before US notary (if in US) or Indian notary + apostille (if abroad)
• Each affiant attaches photo ID copy
SINGLE STATUS AFFIDAVIT:
• Note: USCIS does NOT generally require single status affidavit for I-130 SPOUSE petitions (the marriage certificate + divorce decrees from any prior marriages is the document trail)
• Single status affidavit IS USEFUL for I-129F FIANCÉ (K-1) petitions and for marriage in the US after AOS — establishes both parties are free to marry
• For India: typically issued as a Sub-Divisional Magistrate's "Bachelorhood / Spinsterhood Certificate"
• Affiant: the unmarried party, supplemented by 1-2 family member affidavits
OTHER COMMON AFFIDAVITS:
• Lost / missing birth certificate (see §7 of master checklist) — affidavits from 2 relatives + secondary evidence
• Status maintenance affidavits (gap in lawful presence)
• Joint financial / bona fide marriage affidavits from the parties themselves (in addition to third-party)
§8 — STANDARD AFFIDAVIT TEMPLATE
────────────────────────────────────────────────
AFFIDAVIT
I, [affiant full name], residing at [full address], being duly sworn,
depose and say:
1. I am [age] years old and competent to make this affidavit.
2. I make this affidavit of my own personal knowledge of the facts
stated below, in support of [BENEFICIARY_NAME]'s application for
[benefit].
3. [Substantive paragraphs — be SPECIFIC, dated, and personal. Avoid
stock phrases like "I have known them for many years". Instead:
"I have known [BENEFICIARY_NAME] since September 2018 when she
joined my engineering team at [employer] in Pune, where I was
her direct supervisor until July 2022."]
4. [Continue numbered paragraphs as needed.]
5. I make this affidavit truthfully, knowing that it may be relied
on by US Citizenship and Immigration Services, and I am willing
to appear in person to testify to these facts if required.
Signed under penalty of perjury this ___ day of _________ 20__.
_____________________________
[Affiant signature]
[Printed name]
Sworn / affirmed before me this ___ day of _________ 20__.
_____________________________
[Notary signature + seal]
My commission expires: _______
────────────────────────────────────────────────
§9 — NOTARY / WITNESS RULES
In the US:
• State-commissioned notary public — recognised across all US jurisdictions
• No additional authentication needed for USCIS filings
• Some states require witnesses in addition to notary (verify state-specific rules; not USCIS-imposed)
Abroad (typically India):
• Indian Advocate / Notary Public commissioned under Notaries Act 1952
• Notarisation is the first step
• For consular processing (NVC) — apostille after notarisation (see prompt us-docs-authentication-apostille)
• For USCIS domestic filings — apostille generally not required
Penalty for false affidavit:
• Federal: 18 USC §1621 (perjury, up to 5 years)
• Immigration: INA §212(a)(6)(C)(i) (misrepresentation), permanent inadmissibility risk
• Coach affiants to be truthful; better a thin honest affidavit than a robust dishonest one
§10 — SUBMISSION & STORAGE
• Submit ORIGINAL signed affidavits (or notarised copies if originals retained for client file)
• For I-864: USCIS Form Instructions specify originals required at interview; photocopy submitted with filing acceptable
• Photocopy entire package for client file before submission
• Retain originals in client file for 7 years post-decision
End with: "DRAFT — for licensed US immigration attorney or accredited representative review. Verify against current USCIS Form Instructions and 9 FAM before submission. Form I-864 is a 10-year legal obligation that survives divorce — counsel sponsor explicitly on the scope before they sign. FPG figures change annually with Form I-864P; verify the current chart."Unlock the vault to see the full prompt