Who is required to submit an Affidavit of Support?
The Affidavit of Support (Form I-864) is typically required in the following immigration situations:
- Family-Based Immigration: U.S. citizens and lawful permanent residents (green card holders) who are sponsoring certain family members for immigrant visas are required to submit an Affidavit of Support. This includes sponsoring spouses, parents, children, and siblings.
- Employment-Based Immigration: In some employment-based immigration categories, the sponsoring employer may be required to submit Form I-864 if they are sponsoring an employee for an immigrant visa and the employee’s immediate family members are also immigrating with them.
- Diversity Visa Lottery Winners: Individuals who have won the Diversity Visa (DV) Lottery and are seeking immigrant visas are also required to submit Form I-864 when they attend their visa interviews at U.S. embassies or consulates.
- Certain Special Immigrant Categories: Some special immigrant categories, such as returning residents (SB-1 visa holders) and Afghan and Iraqi interpreters/translators, may also require the submission of Form I-864.
It’s important to note that the specific requirements and eligibility criteria for the Affidavit of Support may vary depending on the visa category and the relationship between the sponsor and the intending immigrant. Additionally, the sponsor must meet certain income and financial criteria to demonstrate their ability to financially support the immigrant(s) they are sponsoring. Failure to provide a sufficient Affidavit of Support may result in visa application denials. Therefore, it’s essential to consult the latest official U.S. Citizenship and Immigration Services (USCIS) guidelines and seek legal advice if you have questions about your specific immigration case
Form I-864 checklist of documents
When preparing Form I-864, Affidavit of Support, for immigration purposes, it’s important to compile a checklist of documents to ensure that you submit a complete and accurate application. Below is the Form I-864 checklist of documents commonly required:
- Form I-864: Make sure you fill out the most recent version of Form I-864, which can be downloaded from the official U.S. Citizenship and Immigration Services (USCIS) website.
- Supporting Evidence for Income: You will need to provide documents to prove that your income meets the required threshold. This typically includes:
- Federal income tax returns for the most recent tax year (often the last three years if available).
- W-2 forms and/or 1099 forms from the most recent tax year.
- Recent pay stubs, usually covering the last six months.
- Employment letter from your current employer, stating your job position, salary, and the duration of your employment.
- If you are self-employed or have other sources of income, you may need to provide additional documentation such as business tax returns or bank statements.
- Proof of U.S. Citizenship or Permanent Residency: If you are the sponsor, you will need to provide proof of your U.S. citizenship or permanent residency status. This can include a U.S. passport, Certificate of Naturalization, or a copy of your green card.
- Proof of Relationship: Depending on your relationship to the intending immigrant, you may need to provide documents such as a marriage certificate (for spouses) or birth certificates (for parents and children).
- Copy of the Immigrant Visa Petition (if applicable): Include a copy of the immigrant visa petition (e.g., Form I-130, Form I-140) filed on behalf of the intending immigrant.
- Divorce Decrees and Death Certificates (if applicable): If either you or the intending immigrant have been previously married, provide documents showing the termination of prior marriages, such as divorce decrees or death certificates.
- Form G-325A (Biographic Information): Although this form is no longer required by USCIS as of my last knowledge update in September 2021, check the current requirements to see if it is needed.
- Affidavit of Support Fee: Include the required filing fee with your application. The fee amount can change, so check the USCIS website for the most current fee information.
- Translations: If any of your supporting documents are not in English, include certified translations along with the original documents.
- Form G-1145: If you want to receive electronic notifications about your case, include Form G-1145, “E-Notification of Application/Petition Acceptance.”
- Any Additional Documentation: Depending on the specific circumstances of your case, USCIS may request additional documentation. Review the instructions for Form I-864 and consult with an immigration attorney if you have any doubts about what to include.
Always double-check the most current USCIS guidelines and instructions for Form I-864 on their official website or consult with an immigration attorney to ensure that you are submitting a complete and accurate application based on your specific situation. The requirements and procedures may change over time, so it’s essential to stay updated.