If the main U.S. petitioner's income isn't enough to sponsor the immigrant, here's how a household member with additional financial resources can help.
USCIS Form I-864A, Contract Between Sponsor and Household Member, is for use in only a limited type of green card (lawful permanent residence) applications: Specifically, in family-based cases where the U.S. citizen or lawful permanent resident who is petitioning for a foreign-born family member to immigrate does not have sufficient income to serve as the sole financial sponsor.
In such a situation, it is possible for a family member who is living in the U.S. sponsor's home to promise to add in their income and assets to the sponsorship calculation, in order to meet the required 125% of Poverty Guidelines level. This article will describe more about who can fill out this form, offer line-by-line instructions, and more.
(You'll find the original law and regulations on this topic at I.N.A. § 213A or 8 USC § 1183a and 8 C.F.R. § 213a.)
Where Do I Get USCIS Form I-864A?
You can get a free download of Form I-864A from the website of U.S. Citizenship and Immigration Services (USCIS). Do not believe anyone who says you need to pay to obtain this form.
Who Can Sign and Submit a Form I-864A to USCIS?
The household member preparing and submitting Form I-864A to the U.S. government (USCIS or an overseas consulate) does not need to be a U.S. citizen or lawful permanent resident. They must, however, be:
- at least 18 years old, and either
- the incoming immigrant (as described next)
- the U.S. sponsor's spouse, parent, child, adult son or daughter, or brother or sister, who is living in the same household, or
- anyone else the U.S. sponsor has claimed as a dependent on their most recent federal income tax return even they don't live in the sponsor's household.
The household member will also need to provide proof of being a relative of and residing with the sponsor, such as a copy of a birth or marriage certificate (with full English language translation, if it's in another language). The household joint sponsor will also need to submit evidence of income (such as tax returns or IRS transcripts and an employer letter), just as the main sponsor does.
Immigrating Household Member Can Also Sign Form I-864A
The household member who signs this form can actually be the intending immigrant, if that person happens to be living and working legally in the United States already, and if the job will continue after the immigrant gets a green card.
But should they do so? There is no actual need for a household member who is the main immigrant to sign Form I-864A to contribute their income unless dependent children are also included in the immigration application.
Also, if the immigrant is contributing only assets (whether they are a household member or coming from abroad) there's no need for them to separately fill out a Form I-864A. Instead, the U.S. petitioner would simply list the immigrant-owned assets in Form I-864 Part 7, Questions 6 to 8.
What Is the Legal Effect of Signing Form I-864A?
By signing Form I-864A, both the main sponsor for the immigrant and the sponsor's household member agree that, while the main sponsor will still fill out a Form I-864 and take financial responsibility for the immigrant(s), the household member will also provide financial support to the immigrant(s) if needed.
This obligation can last a long time, until either:
- the immigrant becomes a U.S. citizen
- the immigrant accomplishes 40 quarters of work in the U.S. (as measured by the Social Security system; it's around 10 years)
- the immigrant dies
- the immigrant permanently leaves the United States.
Also see FAQs About How Long Immigrant's Sponsor Responsible for Support Under I-864 Affidavit. (These questions discuss the main sponsor's obligation, but they're basically the same.)
Also realize that, under certain circ*mstances, it is possible for the household member who signs Form I-864A to end up solely responsible for the immigrant's full support. This is a legal concept called "joint and several liability."
Line-by-Line Instructions for Filling Out Form I-864A
These instructions refer to the version of the form issued 04/01/2024. We'll focus on the questions that are not self-explanatory.
Part 1: Information About You
This asks for basic name and contact information, to be filled in by the household member. "Relationship to sponsor" means the household member's connection to the petitioner who is bringing in the immigrant(s), such as "spouse," "child," or "dependent."
For Question 7, if the household member doesn't have a Social Security Number, that could indicate a lack of valid immigration status, in which case the work is unlawful and won't be counted.
For Question 8, there's no need to worry (or enter anything) if the household member doesn't have a USCIS Online Account Number. This would apply only if it was an immigrant who had certain forms of past interactions with USCIS.
Part 2: Your (The Household Member's) Relationship to the Sponsor
This is to be filled in by the household member, stating their relation to the immigrant's main sponsor.
Part 3: Your (The Household Member's) Employment and Income
This is also to be filled in and signed by the household member, detailing where they're employed and their annual income. Obviously if they're unemployed it's not ideal, but they could still fill out this form in order to promise to put their assets (such as savings or valuable property) toward supporting the immigrant.
Part 4: Your (The Household Member's) Federal Income Tax Information and Assets
This is where the household member indicates how much income they reported on their U.S. taxes (which hopefully matches their annual income; if not, filing an amended return with the IRS might be necessary). They will need to attach copies of their tax returns or transcripts for at least one year. Consider adding two more years' worth, if it will strengthen the case.
In addition, the household member can list assets, if needed to bring the overall support level up. See the discussion of listing assets in this article about filling out the main Form I-864.
Part 5: Sponsor's Promise, Statement, Contact Information, Declaration, Certification, and Signature
This part is to be filled in and signed by the main sponsor, the one actually petitioning for the immigrant, who will be filling out the Form I-864 Affidavit of Support. Self-explanatory.
Part 6: Your (The Household Member's) Promise, Statement, Contact Information, Declaration, Certification, and Signature
This is for the household member to fill out and sign. Again, if the household member is also the immigrant, that person does not need to sign Form I-864A unless agreeing to support immigrating children as well.
Part 7: Interpreter's Contact Information, Certification, and Signature
If a language interpreter helped the parties fill out this form, that person's name and contact information need to go here, plus the person's signature.
Part 8: Contact Information, Certification, and Signature of the Person Preparing this Contract, if Other Than the Sponsor or Household Member
If an attorney or other professional prepared this form, that person's name, contact information, and signature need to go here.
Part 9: Additional Information
This is where you can add information that didn't fit in the main part of Form I-864A.
How to Submit Form I-864A
Both the sponsor and the household member(s) will need to sign the I-864A. The sponsor will attach Form I-864A to the main Form I-864 as part of the immigrant's green card application.
Exactly when it gets submitted depend on whether the immigrant will be applying through an overseas U.S. consulate (in which case the National Visa Center will send instructions) or is in the United States and will be applying to adjust status (in which case you'd submit all the forms and paperwork to USCIS in one package).
Is There a Filing Fee for Form I-864A?
USCIS does not charge a separate filing fee for Form I-864A.
In cases being handled through consular processing, the National Visa Center will charge a fee for processing the main affidavit, usually Form I-864 ($120 in 2024). The I-864A would be handled as part of that.
Getting Legal Help
For personalized assistance with applying for lawful permanent residence based on a family relationship to a U.S. citizen or green card holder, consult an experienced attorney. The attorney can help analyze your eligibility and spot any complications, deal with low-income situations, prepare the paperwork, and deal with the inevitable delays and complications as your case makes its way through the U.S. immigration bureaucracy.
