Preparing I-864 Affadavit of Support Forms

The Affidavit of Support, or Form I-864, is a promise from your sponsoring relatives that they will pay your living expenses while you are in the U.S. and you will not become a financial burden to the U.S. government. When you come to the U.S. on an employment visa, it’s not usually difficult to show you will be financially secure because you have a job. 

Different Forms for Different Situations

Most employment based petitions file form I-134 instead of the longer I-864. If you come to the U.S. on a family based visa, you will likely need to submit an Affidavit of Support or Form I-864.  Form I-864 is many pages long. If you are the only person for whom your sponsor is petitioning and the sponsor’s income is high enough alone to qualify your petition, you can file the shorter I-864 EZ form. If you have more than one sponsor in a household because one person does not have the required income to sponsor you on his own, the second sponsor will also have to file Form I-864A which is a contract between them. 

Who Needs a Sponsor?

Form I-130 family-based visa applications need to have a sponsor for each visa applicant. If one sponsor is supporting more than one family member, the sponsor must submit an original Affidavit of Support for each family member who has his own I-130 application. Sometimes children and spouses are included as dependants on a family-based visa application and if that is the case, then the sponsor can file a photocopy of the Form I-184 and does not have to submit the supporting documentation that went with the principal applicant’s Form I-864. Only family members sponsored by the sponsor signing the Form I-864 should be listed on the form. If other family members have a different sponsor, those family members should be listed on the form.

Documents Needed

All sponsors should submit copies of the following to have sufficient evidence of income:

• Federal Income Tax Returns for the last three years
• All form 1099’s for the last three years
• Paystubs from the prior six months
• A letter from your employer outlining your pay schedule including bonuses and expected raises in income in the near future
• Self-employed sponsors should include tax schedules evidencing business income and expenses

The documentary evidence listed above will also need to be included for any individual in your household who is a joint sponsor.

It is important to remember that your financial obligation as sponsor lasts until the immigrant leaves country, dies, or becomes a U.S. citizen. Sponsors are required to inform the USCIS of a change of address within 30 days of a change. 

Getting Legal Help

The Affidavit of Support is a long form requiring documentary evidence. An experienced immigration attorney can help you gather the documents you need and walk you through the process. An immigration attorney can also represent you, sign the form, and take the worry out of your hands entirely. Talk to an attorney to determine how much help you want and to help you assess how complicated your personal situation might be.