The form I-864 affidavit of support is prepared and filed with USCIS as part of the Marriage Green Card petition and is required by the U.S. Citizen spouse (called the “sponsor”) to prove that the immigrant spouse will have the financial support so as not to be a public charge. The sponsor must demonstrate income that meets the poverty guideline threshold of at least 125% for the household size.
The household size includes the immigrant they are sponsoring and other immigrants they have sponsored in the past and all dependants of the sponsor.
The guidelines can be found on form I-864P.
If the sponsor does not make enough income a co-sponsor may be used.
In some cases the sponsor’s assets can be counted using a formula of five times the deficit of the annual income and the immigrant spouse’s income may also be used if the couple has been living together for at least six months.
The sponsors must submit the following proof with their I-864 affidavit of support:
- Latest Federal income tax return with W-2’s and/or 1099’s or an Internal Revenue Service (IRS) issued transcript of the latest federal income tax return (a sponsor may also submit the tax returns or transcripts for the second and third most recent tax years if these addition tax returns help prove the household income at above the poverty guideline threshold,
- Evidence of current employment/income such as recent pay-checks and/or pay-stubs and/or pay statements,
- Proof of eligibility as either a U.S. citizen or legal permanent resident such as a copy of the sponsors U.S. birth certificate or U.S. passport or permanent resident card/green card.
- If the sponsor is using the income of other persons in their household or dependents to qualify as a sponsor they must also submit a separate Form I-864A, contract between sponsor and household member along with the same proofs above described.