Affidavit of Support General Introduction
Affidavit of Support Form I-864 is a document that is used in the U.S. immigration process to demonstrate that a sponsor has enough income or assets to support the person they are sponsoring, also known as the “beneficiary,” and to guarantee that the beneficiary will not become a public charge.
The sponsor must be a U.S. citizen or legal permanent resident, and the beneficiary must be relative or other individuals who are applying for immigration benefits. The sponsor is required to provide financial information and to agree to provide financial support if necessary.
The form is typically used when the beneficiary is applying for a green card through a family-based immigration petition.
If the sponsor cannot satisfy the income qualifications of Form I-864, USCIS will not grant the intending immigrant a green card.
If the applicant’s income is insufficient to support the intending immigrant, a joint sponsor might present Form I-864 to sponsor the interested immigrant.
A joint sponsor does not in any way have to be associated with the petitioning sponsor or the intending immigrant.
Affidavit of Support Checklist
Supporting documents that you will have to present together with the Affidavit of Support form include the following:
- Evidence of the sponsor’s U.S. citizenship or legal permanent resident status, such as a copy of a U.S. passport or green card.
- Evidence of the sponsor’s income, such as the most recent federal tax return, W-2 forms, and pay stubs.
- Evidence of the sponsor’s assets, such as bank statements, property deeds, and other financial documents.
- Evidence of any joint sponsors’ U.S. citizenship or legal permanent resident status, such as a copy of a U.S. passport or green card.
- Evidence of any joint sponsors’ income, such as the most recent federal tax return, W-2 forms, and pay stubs.
- Evidence of any joint sponsors’ assets, such as bank statements, property deeds, and other financial documents.
- Evidence of the relationship between the sponsor and beneficiary, such as a birth certificate, marriage certificate, or other documents.
Who Needs to Submit the Form?
The form is typically required when the beneficiary is applying for a green card through a family-based immigration petition. The sponsor is a U.S. citizen or legal permanent resident who is related to the beneficiary and who is petitioning for their immigration.
In some cases, the sponsor may not meet the income requirements to support the beneficiary alone and may need to have a joint sponsor. The joint sponsor is another U.S. citizen or legal permanent resident who is willing to take financial responsibility for the beneficiary along with the primary sponsor.
It is important to note that submitting this form does not guarantee that the beneficiary will be granted a green card. It is just one of the requirements to show the sponsor’s financial capability. When seeking an adjustment of status or an immigrant visa, the below immigrants are legally obligated to present a Form I-864 signed by the sponsor (s):
- All immediate relatives of U.S. nationals: spouse, unmarried children under age 21, and parents of U.S. nationals.
- All family-based relatives. ‘Unmarried sons and daughters’ and ‘married sons and daughters’ of U.S. nationals, brothers and sisters of U.S. nationals, age 21 and older.
- Employment-based priority immigration is available only if a relative of a U.S. national, legal permanent resident, or U.S. national submits an immigrant visa petition or if the relative has a major proprietary interest (5% or more) in the entity submitting the petition.
Who is Eligible to be a Sponsor?
Each family-based green card petitioner has to have a financial sponsor.
The individual presents Form I-864 to demonstrate that the intending immigrant has sufficient means of financial support and is not expected to be dependent on the U.S. government for public welfare benefits.
Generally, individuals who present Form I-130 for relatives are also the individuals who sponsor relatives on Form I-864. Nonetheless, this is not a unique situation that is possible.
These are the qualification requirements needed to be eligible as an interested sponsor:
- Have to be a U.S. national or green card owner.
- Minimum 18 years old or above.
- Have to have an annual income of a minimum of 125% of the existing Poverty Guidelines.
- Has to prove that the U.S. is his or her country of residence.
Country of Domicile: the country of domicile is the nation in which you have your permanent residence. In the event that, as a sponsor, you reside and work in the U.S., your state of residence is the U.S.
In the event that, as a sponsor, you reside outside the U.S. for temporary work; however, you have a home in the U.S., and you plan to come back to that home, your state of domicile is the U.S.
Nevertheless, in the event that you reside outside the U.S., however, you may claim U.S. domicile when you plan to re-establish your residence in the U.S. no later than the admission or adjustment of the status deadline of the intending immigrant.
You are not able to be a sponsor if you are permanently residing outside the U.S. and do not plan to come back to the U.S.
Joint Sponsors
A joint sponsor is an individual who is willing to take financial responsibility for the beneficiary along with the primary sponsor when the primary sponsor’s income and assets alone do not meet the income requirements to support the beneficiary.
A joint sponsor is typically used when the primary sponsor is unable to meet the income requirements for Form I-864, Affidavit of Support. A joint sponsor is required to complete and submit their own Form I-864 and must meet the same eligibility requirements as the primary sponsor, including being a U.S. citizen or legal permanent resident and being at least 18 years of age.
The joint sponsor must also provide evidence of their income and assets and must not have any legal issues that would make them ineligible. The joint sponsor is jointly and severally liable for the support of the beneficiary, meaning that the immigration authorities can look to either the primary sponsor or the joint sponsor for financial support if the beneficiary becomes a public charge.
It is common for people to misunderstand the role of a joint sponsor and a family member in sponsoring a sponsor. This is the place where we present the other form that is familiar to the I-864 yet has its special features.
Joint Sponsor vs. Family Member
Joint Sponsor:
- A joint sponsor is an extra sponsor who is not always associated with the individual planning to immigrate(s) or resides at a similar address.
- The joint sponsor will present a separate Form I-864 together with the primary sponsor’s Form I-864.
- The joint sponsor just has to demonstrate that he/she has sufficient capacity to accomplish the required financial requirements on his/her own.
Family member:
- It is also possible for a relative of the applicant (primary) sponsor to reside in the same family, and he/she is able to act as a family member and contribute income.
- The members of this family shall be a minimum of 18 years of age.
- In this instance, the member had to present Form I-864A, Contract Between Sponsor and Household Member, and Form I-864, Affidavit of Support, for the primary sponsor.
- Different from joint sponsors, family members add their income to the primary sponsor’s income when presenting this Form-864A.
What Time Should I Submit the Form?
- When the beneficiary is applying for an adjustment of status, which means they are already present in the United States and are applying to change their immigration status from temporary to permanent, the Form I-864 should be submitted along with the beneficiary’s Form I-485, Application to Register Permanent Residence or Adjust Status. This form is typically submitted to the U.S. Citizenship and Immigration Services (USCIS) with other required documentation.
- When the beneficiary is applying for an immigration visa through consular processing, which means they are outside of the United States and are applying for an immigrant visa through a U.S. consulate or embassy, the Form I-864 should be submitted along with the beneficiary’s Form DS-260, Immigrant Visa Electronic Application, and other required documents. The form is typically submitted to the National Visa Center (NVC) before the visa interview.
- Form I-864 has to be presented no later than one year after the sponsor’s signature.
- If filed after a year, a new I-864 form will be necessary.
- Once Form I-864 has been presented and received, it does not date then.
- Nonetheless, if the supporting documentation is more than one year old, USCIS will require new supporting documentation, such as a current federal income tax return (Form 1040) and a present employment letter.
Affidavit of Support Checklist of Necessary Documents
Ensure that you do not deliver any primary documents unless particularly required in the directives or regulations that apply.
Offer only copies of supporting documents in your Affidavit of Support.
In the event you present any foreign language documents (copies or originals, if asked), you have to include a thorough English translation, as well as a statement from the translator certifying that:
- That the translation is integral and precise
- That they are capable of translating foreign languages into English
- Translator’s contact phone number and email
- Translator’s signature and date of signature
IRS Tax record for all sponsors:
- The sponsor’s most recent federal income tax return, including Form 1040, 1040A, 1040EZ, and any accompanying schedules.
- W-2 forms, which show the sponsor’s income from employment.
- Pay stubs, which show the sponsor’s income from employment.
- Bank statements, which show the sponsor’s assets.
- Schedule C, Profit or Loss from Business, and Schedule SE, Self-Employment Tax, if the sponsor is self-employed.
- An explanation as to why the sponsor did not file a tax return for the most recent tax year and what their income was for that year if the sponsor has not filed a tax return.
- A copy of an extension to file the sponsor’s tax return, if applicable.
For U.S. citizen sponsors: one of the below
- A U.S. passport serves as both proof of citizenship and government-issued identification.
- A U.S. birth certificate, which shows that the sponsor was born in the United States.
- A naturalization certificate shows that the sponsor became a U.S. citizen through the naturalization process.
- A certificate of citizenship, which shows that the sponsor became a U.S. citizen through the process of derivation of citizenship or acquisition of citizenship.
- Consular Report of Birth Abroad (FS-240), which serves as evidence of U.S. citizenship for children born abroad to U.S. citizen parents.
- Government-issued identification such as a driver’s license or state ID card.
For legal permanent residents sponsors:
- A copy of two sides of your Form I-551, Permanent Resident Card.
- Passports from other countries with a U.S. temporary permanent resident stamp.
Other Supporting Documents for Particular Sponsors
- Self-Employed: if you are presently self-employed, present a copy of Schedule C, D, E, or F from your latest federal income tax return to substantiate your income.
- Sponsoring Multiple Immigrants: in this instance, copies of supporting documentation for these family members are not necessary. For any other immigrants listed, only a copy of the initial affidavit of support is needed.
- Joint Income of Household Members: in the event that you are applying for eligibility with the joint income of the people in your house, a separate Form I-864A has to be filled out for every one of them.
- Nevertheless, only intending immigrants whose income is used while their spouse and/or children are immigrating with him/her are required to fill out Form I-864A.
- On duty in the U.S. Armed Force or Coast Guard: if you are the applicant sponsor and are on eligible duty in the U.S. Armed Forces or U.S. Coast Guard and are sponsoring your spouse or child at 100% of the Federal Poverty Guidelines, please supply verification of your active duty military status.
- Proof of Relationship: you will have to present verification of the intended immigrant’s residency in your family and their relationship to you if they were not classified as a dependency on your federal income tax return for the latest tax year.
- If their income is used, they have to present evidence that the intended immigrant’s present employment will continue from the same source.
- Documentation of Assets: if you are using your own assets or the assets of a family member to be eligible, you have to present documentation of the assets, identifying their location, ownership, date of acquisition, and value. Evidence of as well as any liens or liabilities against those assets.
- A separate Form I-864A has to be filed for every family member who uses assets in addition to those of the intending immigrant.
- Additional sponsor: proof of your U.S. citizenship, legal permanent resident status, or U.S. citizenship in the event that you are a joint sponsor, substitute sponsor, or relative of an employed immigrant who is required to support an affidavit.
In the event that you are the legal guardian signing Form I-864, you have to file the following:
- Certificate of appointment as legal guardian of your estate, and
- A copy of the order appointing the court or agency that particularly grants the right to the legal guardian to use your income and assets to support the sponsored immigrant.
Joint Sponsor Checklist
The documents necessary for a joint guarantor are identical to those needed for a main sponsor:
- Form I-864, Affidavit of Support, must be completed and signed by the joint sponsor.
- Federal Income Tax Return, including Form 1040, 1040A, 1040EZ, and any accompanying schedules, for the most recent tax year.
- W-2 forms, which show the joint sponsor’s income from employment.
- Pay stubs, which show the joint sponsor’s income from employment.
- Bank statements, which show the joint sponsor’s assets.
- Schedule C, Profit or Loss from Business, and Schedule SE, Self-Employment Tax, if the joint sponsor is self-employed.
- A U.S. passport serves as both proof of citizenship and government-issued identification.
- A U.S. birth certificate, which shows that the joint sponsor was born in the United States.
- A naturalization certificate, shows that the joint sponsor became a U.S. citizen through the naturalization process.
- A certificate of citizenship, which shows that the joint sponsor became a U.S. citizen through the process of derivation of citizenship or acquisition of citizenship.
- A Permanent Resident Card (green card), serves as evidence of legal permanent resident status.
- Government-issued identification such as a driver’s license or state ID card.
Please remember that each sponsor is required to present his/her correctly signed Form I-864 and a package of his/her supporting documents.
Note: USCIS will deny your Form I-485 petition without a signed affidavit of support and all necessary evidence, and the charge will not be returned.