Who Is Exempt From Filing Form I-864 (Affidavit of Support)?

What this question is asking

Form I-864 is the contract a sponsor signs promising to financially support an immigrant so the immigrant is not likely to become a public charge (someone the government has to support). The exemption question asks whether the intending immigrant falls into one of a few categories that Congress and USCIS have decided do not need that contract at all.

The Form I-864 Instructions (edition 10/17/24, page 2) list the exempt categories under the heading “Are There Exceptions to Who Needs to Submit Form I-864?” The following is the verbatim list.

Verbatim from Form I-864 Instructions, edition 10/17/24, page 2

“The following types of intending immigrants do not need to file Form I-864:”

1. 1“Any intending immigrant who has earned or can receive credit for 40 qualifying quarters (credits) of work in the United States. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parents while the immigrants were under 18 years of age.”
2. 2“A child who will automatically acquire U.S. citizenship under INA section 320, as amended, upon being admitted to the United States.”
3. 3“Self-petitioning widows or widowers who are seeking to adjust status based on a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.”
4. 4“Self-petitioning battered spouses and children who are seeking to adjust status based on Form I-360 (VAWA self-petitioners).”

If an intending immigrant is exempt, no affidavit of support is filed for them. That means the sponsor does not complete Part 5 (household size), does not complete the income sections in Part 6 (Item 15 through Item 19), and does not complete Part 7 (assets), because Form I-864 is not part of that immigrant’s package.