Affidavit of Support Frequently Asked Questions
Is there a minimum age to be a sponsor?
Does the sponsor have to live in the United States?
The U.S. government.
An American institution of research recognized by the Secretary of Homeland Security (The list of qualifying institutions may be found at 8 CFR 316.20).
A U.S. firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm or corporation.
A public international organization in which the United States participates by treaty or statute.
A religious denomination having a bona fide organization in the United States, if the employment abroad involves the person’s performance of priestly or ministerial functions on behalf of the denomination.
A religious denomination or interdenominational missionary organization having a bona fide organization in the United States, if the person is engaged solely as a missionary.
If you are not currently living in the United States but will return, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States.
You can also be a sponsor if you intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status.
If my joint sponsor is in the military, are the income requirements reduced to 100%?
Can a permanent resident (green card holder) be a sponsor?
What if I don't meet the income requirements?
Income from any relatives or dependents living in your household or dependents listed on your most recent Federal tax return who signed a Form I-864A.
Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.
The value of your assets, the assets of any household member who has signed a Form I-864A, or the assets of the intending immigrant.
A joint sponsor whose income and/or assets equal at least 125 percent of the Poverty Guidelines. See question below for more information on joint sponsors.
My children do not live with me. Do I count them in my household size?
Can My Relatives and Dependents Help Me Meet the Income Requirements?
The income of such household members and dependents can be used to help you meet the income requirements if they complete and sign Form I-864A, Contract Between Sponsor and Household Member, and if they are at least 18 years of age when they sign the form.
Can the Affidavit of Support be hand-written?
It is my Gross or Net income that must meet the requirement?
Do I need to provide my last 3 tax returns?
You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable.
Do not submit copies of your State income tax returns. Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal tax return with the United States government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States.
What if I didn't file a tax return last year?
Can I also use the income from my second job to help meet the requirements?
Can I use my car as an asset?
Am I still obligated if the spouse I sponsored divorces me?
Do I have to notify somebody if I move after completing an Affidavit of Support?
Do I Need to Submit a Separate Affidavit for Each Family Member?
Often a spouse or minor children obtain visas or adjust status as dependents of a relative, based on the same visa petition. If you are sponsoring such dependents, you only need to provide a photocopy of the original Form I-864, as long as these dependents are immigrating at the same time as the principal immigrant or within six months of the time he or she immigrates to the United States. You do not need to provide copies of the supporting documents for each of the photocopied affidavit of support.
What Is a Substitute Sponsor?
What evidence do I need to prove my income, other than tax returns?
Date account opened
Total amount deposited for the past year
Statement(s) of your employer on business stationery showing:
Date and nature of employment
Whether the position is temporary or permanent
Copy of last income tax return filed or
Report of commercial rating concern
How Long Does My Obligation as a Sponsor Continue?
Who qualifies to be a joint sponsor?
Who is required to have an Affidavit of Support?
Any intending immigrant who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parent(s) while the immigrants were under 18 years of age. The Social Security Administration (SSA) can provide information on how to count quarters of work earned or credited and how to provide evidence of such. See the SSA website at www.ssa.gov/mystatement/credits for more information.
Any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000 (CCA).
Self-petitioning widow/ers who have an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360.
Self-petitioning battered spouses and children who have an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360.
Can the Intending Immigrant Help Me Meet the Income Requirements?
First, the income must be continuing from the same source after he or she obtains lawful permanent resident status, and second, the intending immigrant must currently live with you in your residence. Evidence must be provided to support both requirements.
However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.