I-864 Immigration Lawyer in San Jose

Book a Consultation
100% Secure & Confidential
100+ Reviews

Get legal help with, Form I-864W, Waiver of Affidavit of Support. Contact Getachew & Ansari Immigration Attorneys, P.C., to talk about your immigration petition.

What Is Exemption Form I-864W?

When a foreign national applies to become a permanent resident, usually, the petitioner must also become their financial sponsor. The I-864W form is an immigration document waiving the requirement for an immigrant to have a financial sponsor in certain circumstances. If a person is exempt from the financial sponsorship requirement, the I-864W form claims and establishes their exemption.

The I-864 exemption form can be an important part of the immigration process. If you qualify, you may complete your petition without having a sponsor or co-sponsor.

At Getachew & Ansari Immigration Attorneys, P.C., we are committed to achieving positive results in every case. To see if you can use the I-864W form and get help with everything needed for your petition, contact our immigration law firm in San Jose.

When Would You File an I-864W Form?

Circumstances where you may use the I-864W petition include the:

  • I-130 petition, where the applicant already has 40 Social Security work credits.
  • I-130 petition for an adopted child who will immediately become a citizen.
  • I-600 petition for a natural or adopted child under 18 years old (not a stepchild).
  • I-360 petition, as a self-petitioning widow or widower of a U.S. citizen.
  • I-360 self-petition as a special immigrant, including religious workers, U.S. armed forces members, Americans, and other qualifying special immigrants.
  • I-360 self-petition as a battered spouse or child.

Anyone exempt from Form I-864 or I-864EZ may need Form I-864W instead. When we represent you, we evaluate your situation to determine which form and supporting documents you need.

Who fills out immigration Form I-864W?

The person seeking immigration benefits fills out form I-864W. This person may be called the Requestor or Intending Immigrant. If applicable, a parent or legal guardian may complete the form. While a sponsor typically completes an I-864 form, the immigrant completes the I-864W because a sponsor is not required.

What does Form I-864W have to do with Form I-864?

Form I-864 is required for most family-based immigration, which occurs when the applicant is a close relative of a U.S. citizen or lawful permanent resident. Family-based immigration allows qualifying family members to petition to become lawful permanent residents (Green Card).

The I-864 Form assures that the petitioning family member is willing to support the person wanting lawful resident status financially. A sponsor is a person who completes Form I-864.

Being a financial sponsor is a big responsibility. The obligation continues until the immigrant becomes a U.S. citizen or until they have 40 Social Security work credits. It takes at least ten years to get to 40 credits. The government may seek reimbursement from the sponsor if the beneficiary receives certain government-provided means-tested public benefits.

In addition to family-based immigration, the I-864 form is required for some types of employment-based immigration.

However, there are some circumstances where requiring a sponsor is not fair or appropriate. An example is where someone is the victim of domestic violence. In that circumstance, whether the victim can remain a lawful permanent resident should not depend on whether they have familial financial support. For that reason, the law waives the I-864 requirement in certain cases.

If it is appropriate to waive the sponsor requirement, the I-864W form is what is needed instead.

It verifies the waiver. Rather than submitting the sponsorship form and proof of income, the applicant submits an I-864W form along with supporting documents that may be needed to prove that they qualify.

Legal Help for an I-864W Form

Getachew & Ansari Immigration Attorneys, P.C. provides legal help for the completion of the I-864W. Here are some ways that a lawyer can assist you:

  • Determining if you qualify to use Form I-864W.
  • Understanding the differences in the different I-864 forms.
  • Choosing the appropriate reason that you do not have to file Form I-864.
  • Completing each section and knowing what things mean.
  • Signing the forms correctly, including when a parent or guardian needs to sign.
  • Gathering the evidence to submit with your petition.
  • Confirm that you are using the most current and accepted version of the form.
  • Addressing the unavailability or non-existence of evidence.
  • Filing your forms in the correct location.
  • Preventing delays that may result from mistakes.
  • Identifying changes in the law that may affect you.

As we represent you, we explain each step in the process. We answer your questions and talk about what you need to do for your case.

What evidence do you need to support an I-864 waiver?

8 C.F.R. § 103.2(B)(1) requires you to demonstrate eligibility for the I-864 waiver with supporting documents. For example, if the exemption is based on 40 quarters of work credits, you may attach a Social Security earnings and benefits statement. A person petitioning because of domestic battery may provide police reports, court records, healthcare records, or counseling reports. The evidence required depends on the circumstances and the reasons for the waiver.

The unavailability or non-existence of evidence creates a presumption of ineligibility. When you have our firm representing you, we can help you address a situation where documents are not available.


Our experienced team of immigration attorneys can manage all the paperwork and challenges on your behalf. Book a consultation.
Contact us

Lawyer for I-864W Help

Lawyer Medya Ansari can represent you in all aspects of completing and submitting forms for your immigration petition. Our complete representation can take care of everything for your case.

At Getachew & Ansari Immigration Attorneys, P.C., we are committed to changing lives. Completing your immigration petition is one of the most important things you will do. Lawyer Medya Ansari leads our professional team focused on your immigration goals. We handle your case with empathy and capability.

By focusing our practice on immigration, our legal team has the skills to handle complex cases.

Leave the legal details in our hands as we provide excellent service for you. We use our knowledge and determination to put you in the best position for success.

We speak English, Spanish, Amharic, Farsi, and Dari.

To talk about your I-864W form with a lawyer and get legal help, contact us today by calling 408-292-7995 or using our online form.

Available 24/7

Get Help Today

Our team of experienced immigration attorneys are ready to answer your questions.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.