What is an Affidavit of Support (Form I-864), and Do I Need One? (Part 2 of 2)

In part two of “What is an Affidavit of Support (Form I-864), and Do I Need One?”, the use of assets and joint sponsors, factors the government considers in the public charge analysis, and more, will be discussed in case the income requirements cannot be met.  For part one of this article, please click on the following link: https://uscg.attorneyngo.com/blog/what-is-an-affidavit-of-support-form-i-864-and-do-i-need-one-part-1-of-2-2/.

Using Assets to Meet the Income Requirements:

If the sponsor’s total household income does not meet the income requirement, the value of the sponsor’s assets, the sponsored immigrant’s assets, and/or assets of household members can be used.  The value of assets of these persons may be combined to meet the necessary income requirement subject to the following calculation:

“The total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size.  However, if you are a U.S. citizen and you are sponsoring your spouse or child 18 years of age or older, the total value of your assets must only be equal to at least three times the difference.  If the intending immigrant is a foreign national orphan who will be adopted in the United States after he or she acquires legal permanent residence, and who will, as a result, acquire citizenship under section 320 of the INA, the total value of your assets need only equal the difference.”

It should be noted that only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included.  Sponsors and applicants may want to consult an experienced U.S. immigration lawyer if they intend to rely on assets when filing Form I-864.

Using a Joint Sponsor to Meet the Income Requirements:

If the income and assets of the sponsor and household members are not sufficient to meet the income requirements, a joint financial sponsor may be used.  To qualify as a joint sponsor, the requirements are mostly the same as for other sponsors; however, the joint sponsor does not have to be related to the petitioning sponsor or any intending immigrant.  Nonetheless, choosing the proper joint sponsor candidate will carry some weight with the adjudicating immigration officer. 

It should be noted that a joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor.  Even if one or more Form I-864s are submitted for an intending immigrant, the petitioning sponsor remains legally accountable for the financial support of the sponsored immigrant along with the joint sponsors.  The petitioning sponsor must complete and submit a signed Form I-864 for the intending immigrant even if a joint sponsor will be used. 

If a petitioner dies during the petition process, a substitute sponsor may be needed.

Required and Optional Supporting Documents to Include with Form I-864:

The following are some documents sponsors must/should include with their Form I-864 filing:

  1. Proof of U.S. citizenship, U.S. national status, or U.S. lawful permanent resident status;
  2. Proof of U.S. domicile;
  3. Internal Revenue Service (IRS) tax transcripts for the three most recent tax years (although the most recent tax year is usually sufficient), along with associated Form W-2s, 1099s, and Schedules;
    • If a tax transcript is not available, provide a photocopy from your own records of your U.S. Federal individual income tax return and every Form W-2, Form 1099, Schedule, and any other evidence of reported income that relates to that return;
  4. Optional:
    • A recent letter from your employer on business letterhead, showing dates of employment, your employer’s address and telephone number, type of work performed, and indicating your annual salary;
    • Pay stubs showing your income for the previous six months;
    • If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income;
    • If you filed an extension for the most recent tax year, submit a photocopy of your IRS Form 4868, or write and sign a statement indicating you filed an extension, along with a tax transcript or tax return from the previous year;
    • If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a typed or printed explanation;
    • If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and how you are subject to it;
    • Proof of each household member’s residency in your household and relationship to you if they are not the intending immigrants or are not listed as dependents on your federal income tax return for the most recent tax year;
    • Proof that the intending immigrant’s current employment will continue from the same source if their income is being used;
    • Proof of ownership, location, date of acquisition, and value of any assets used, and proof of liens or liabilities against these assets must be provided;
    • Evidence that you are currently on active duty in the U.S. Armed Forces or U.S. Coast Guard;
    • If you submit a document with information in a foreign language, submit a full English translation;
    • Etc.
    What Factors Are Considered in the Public Charge Government Analysis:

    In determining whether an applicant (an intending immigrant) is likely at any time to become a public charge, the Consular or USCIS Officer will consider the following applicant factors, at a minimum:

    1. Age;
    2. Health;
    3. Family status;
    4. Assets, resources, and financial status;
    5. Education and skills; and,
    6. Current and/or past receipt of public cash assistance for income maintenance or long-term institutionalization at government expense.

    In addition, the Officer will consider completion of Form I-864 as a positive factor in the public charge analysis.

    Waivers and Bonds for the Public Charge Ground of Inadmissibility:

    In certain limited circumstances, if an immigration officer finds that someone is likely to become a public charge, a waiver and/or the posting of a public charge bond may be an option.  An experienced U.S. immigration lawyer should be contacted to learn more. 

    When Does a Sponsor’s Financial Obligations End:

    A sponsor’s obligation to support the immigrant(s) he/she is sponsoring will continue until the sponsored immigrant(s) become(s) a U.S. citizen(s), or can be credited with 40 qualifying quarters of work in the United States.

    Although 40 qualifying quarters of work (credits) generally equates to 10 years of work, in certain cases the work of a spouse or parent adds qualifying quarters.  The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.

    The obligation also ends if the sponsor or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident.  Divorce does not end the sponsorship obligation.

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