A Comprehensive Guide on Affidavit of Support
If you’re looking for help with your Affidavit of Support, look no further than Tadeo & Silva. We can help you with what you need to get started. Call us for more info.
Need Help Meeting the Minimum Income Requirements?
The relative who files the form is also known as the petitioning sponsor. You can get joint sponsors if you don’t meet the minimum annual income. The joint sponsor doesn’t have to be a household member. You and the joint sponsor must file the form, but you remain the petitioning sponsor.
Your second option includes using assets or combining your income with other household members to meet the requirements.
A joint sponsor is not to be confused with a household member. Note that a joint sponsor must meet the exact requirements as you. You cannot combine your income with a joint sponsor to meet the sponsor’s income requirements. The joint sponsor must meet the 125% requirement, the same as a substitute sponsor.
The minimum income requirements are modified for residents of Hawaii and Alaska. US armed forces members or those on active duty only need a household income equal to 100% of the Federal Poverty Guidelines.
Check if you meet the income requirement as a sponsor or joint sponsor before submitting Form I-864. Consider taking the help of an immigration lawyer to understand the eligibility criteria in greater detail. They can also assist you in ensuring that Georgia immigration laws are upheld throughout this process.
For employment-based preference immigrants, an affidavit of support must be submitted when a relative files the visa petition. It is also necessary when a family member holds a significant ownership interest (5% or greater) in the entity that filed the petition.
There are exceptions where individuals who fall under these categories do not have to submit the form. This exception can be granted to an intending immigrant who has:
Worked or can be credited with 40 qualifying quarters in the US.
Qualified for automatic citizenship as a child of a US citizen admitted on or after February 27, 2001, under Section 320 of the Immigration and Nationality Act as amended by the Child Citizenship Act of 2000.
An approved Form I-360 as self-petitioning widows or widowers and as battered spouses and children.
Is I-864 Required for I-485?
Form I-864, Affidavit of Support, is required for filing most family-based and some employment-based petitions, including I-485 Form, Application to Register Permanent Residence, or Adjust Status. You will also need the form when you apply for the K-1 fiancé visa.
Supporting Documents to File a Form I-864
You will have to provide many supporting documents, including:
- A copy of your federal income tax return for the most recent tax year. If you didn’t have to file a recent federal tax return, you need to provide evidence explaining why.
- Other supporting documents include evidence of income or assets, Form 1099 or reported income statements, and any W-2s. Failure to provide federal income tax returns or proof of employment can delay or result in the denial of your relative’s immigrant visa.
- Copies of birth certificates, passports, or Certificates of Naturalization or Citizenship for U.S. citizens or U.S. nationals.
Follow the instructions if you are instructed to file the affidavit with the National Visa Center.
Contact a Top Immigration Lawyer Today!
Getting your Form I-864 right the first time is essential to prevent delays and denial. Have your unmarried children or permanent resident relative filed an immigration form? An experienced immigration attorney can guide you through the specific instructions.
Our professional immigration lawyers at Tadeo & Silva Law can answer your questions. They can also help resolve queries on any other immigration-related issues, such as those surrounding family visas U.S. Book your consultation today to get in touch with our highly experienced and passionate attorneys!