The Affidavit of support form can be viewed at https://www.uscis.gov/i-864
Sponsors should review the form with an experienced immigration lawyer – especially because any error can result in a dismissal of the main petition – such as the I-485 petition.
Due to the Trump administration’s 2018 policy memorandum, the USCIS officer reviewing your case has full discretion over the review of their cause. They can issue an RFE or NOID.
They can also deny your claim – forcing you to either for a motion to reopen/reconsider or to file a brand new application (and filing fee).
Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant
You don’t need to file the affidavit of support when you file Form I-129 F if your relative is either a K-1 fiancé(e), a K-3 spouse, or a K-2 or K-4 child of a fiancé(e) or spouse, According to the USCIS, you will need to submit the affidavit – when “your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.”
Sponsor for Affidavit of Support
If you filed an immigrant visa petition for your relative, you must be the sponsor. Some exceptions may apply.
How do you file an affidavit of support?
You should review the affidavit of support with an experienced immigration lawyer. Any defect could result in a denial of your application or petition.
The sponsor needs to complete Form I-864:
- “When your relative has been scheduled for an immigrant visa interview with a consular officer overseas or
- When your relative is about to submit an application for adjustment to permanent resident status with USCIS or with an Immigration Court in the United States. “
Joint sponsors must also complete Form I-864.
“If you are using the income of other household members to qualify, then each household member who is accepting legal responsibility for supporting your relative must complete a separate Form I-864 A, Contract Between Sponsor and Household Member.”
Sponsors must provide:
- Their US federal income tax return for the most recent tax year
- Proof of current employment.
- An explanation – if they weren’t required to file a federal tax return for any of the years in question.
If this information isn’t supplied, the immigrant’s application will be delayed or denied.
“When you have completed the affidavit of support, compiled the necessary documentation, and had the affidavit notarized in the United States or before a U.S. consular or immigration officer, you should provide this packet of information to your relative to submit with his or her application for permanent resident status.
If you are given specific instructions to file your affidavit of support directly with the National Visa Center, you should follow those instructions.”
Income Requirements
Sponsors must meet specific income requirements that show the household income is equal to or more than 125% of the U.S. poverty level for your household size. The income level is just 100% if the sponsor is on active duty in the Armed Forces of the United States, and the immigrant you are sponsoring is your spouse or child.”
There are additional considerations that may help satisfy the income requirements if you can’t meet the income level test – such as consideration of your assets.
Contact an experienced immigration lawyer to help ensure that you are filling out the I-864 Affidavit of Support correctly.
