The financial evidence documents for an Affidavit of Support are crucial records demonstrating the sponsor's ability to financially support the immigrant, ensuring they will not become a public charge in the United States. This evidence primarily revolves around proving sufficient income and, if necessary, assets.
Understanding the Affidavit of Support (Form I-864)
The Affidavit of Support (Form I-864) is a legally binding contract signed by a sponsor (usually the petitioner) to accept financial responsibility for the immigrant they are sponsoring. This obligation typically lasts until the immigrant becomes a U.S. citizen, has worked 40 quarters of covered employment, leaves the U.S. permanently, or dies. The primary goal is to assure the U.S. government that the immigrant will not need public assistance.
Why Financial Evidence is Paramount
The U.S. government requires sponsors to demonstrate they have an income at or above 125% of the U.S. federal poverty guidelines for their household size. This financial threshold is a critical factor in determining whether an immigrant visa or adjustment of status will be approved. Without adequate financial evidence, the application is likely to be denied.
Key Financial Documents Required for an Affidavit of Support
Sponsors must provide a comprehensive set of financial documents to prove they meet the income requirements. These documents offer a clear picture of their financial stability and ability to support the sponsored immigrant(s).
1. Federal Income Tax Returns and Related Forms
One of the most important pieces of financial evidence is proof of your federal income tax filings. This typically includes:
- Federal Income Tax Returns: A copy of your complete individual federal income tax return for the most recent tax year. While the most recent year is mandatory, sometimes you may be asked to provide returns for the past three years.
- W-2 Wage and Tax Statements: Copies of all W-2 forms for the most recent tax year. These forms report wages, salaries, and tips.
- Form 1099 and Other Income Evidence: If you receive income from sources other than traditional employment, you must include a copy of every Form 1099 (e.g., 1099-MISC for independent contractors, 1099-INT for interest income, 1099-DIV for dividends), relevant schedules (such as Schedule C for self-employment or Schedule K-1 for partnership income), and any other evidence of reported income.
- Proof of Not Being Required to File: If you were not required to file a federal income tax return for the most recent tax year, you must provide a statement and/or evidence describing why you were exempt from filing. For example, this could be due to having income below the minimum filing threshold.
2. Evidence of Current Employment and Income
Beyond tax returns, current income and employment verification are essential:
- Letter from Employer: A letter from your current employer on company letterhead, stating your date of employment, nature of the job, and annual salary.
- Recent Pay Stubs: Copies of your most recent pay stubs (e.g., for the last six months).
3. Assets (If Needed to Meet Income Requirements)
If your income alone does not meet the poverty guidelines, you may use assets to supplement your income. Assets must be easily convertible to cash within one year. The total value of your assets must be at least five times the difference between your income and the poverty guideline (or three times if sponsoring a spouse or child, or one time if you are a U.S. citizen sponsoring your spouse or minor child).
Examples of acceptable assets include:
- Bank Statements: Statements for savings accounts, checking accounts, certificates of deposit (CDs).
- Real Estate Deeds: Evidence of ownership and current market value (e.g., property appraisals from a licensed appraiser).
- Stocks and Bonds: Statements from brokerage accounts showing ownership and value.
- Other Liquid Assets: Evidence of other assets readily convertible to cash.
4. Debts and Liabilities (To Be Disclosed)
While not always directly "financial evidence" in the positive sense, sponsors are required to disclose significant debts and liabilities, which can impact their ability to support the immigrant. This information provides a more complete financial picture.
Summary of Key Financial Documents
| Document Type | Purpose | Examples |
|---|---|---|
| Federal Tax Returns | Proves past income and compliance with tax laws. | Most recent federal tax return (Form 1040), W-2s, 1099s, relevant schedules (e.g., C, K-1). |
| Employment Verification | Confirms current employment and salary. | Employer letter on letterhead, recent pay stubs. |
| Asset Documentation (if needed) | Demonstrates additional financial capacity if income is insufficient. | Bank statements, property deeds, stock certificates/brokerage statements, appraisals. |
| Proof of No Filing (if applicable) | Explains why tax returns weren't filed if income was below threshold. | Written statement explaining reason, possibly proof of income below filing requirement (e.g., social security statement for a small benefit). |
Practical Insights for Sponsors
- Consistency is Key: Ensure that the income reported on your tax returns, employment letters, and pay stubs is consistent. Discrepancies can lead to RFE (Request for Evidence) or delays.
- Official Copies: Always provide copies of official documents. While original tax returns are not required, ensure copies are clear and legible. You can request tax transcripts from the IRS website.
- Household Size: Accurately calculate your household size, as this directly impacts the minimum income requirement. Include yourself, your dependents, the intending immigrant(s), and any other individuals sponsored on a separate Affidavit of Support.
- Joint Sponsors: If your income alone is insufficient, a joint sponsor can be used. They must meet the same income requirements and provide the same financial evidence.
- Foreign Income: If you reside outside the U.S. and earn foreign income, you must still file U.S. federal tax returns and report your worldwide income, unless exempted by law.
By providing thorough and accurate financial evidence, sponsors can significantly streamline the Affidavit of Support process and help their loved ones achieve their immigration goals.
