Immigrant Visas

Affidavit of Support

U.S.immigration law requires the U.S. citizen or permanent resident petitioner to prove that he/she will be able to financially support the visa applicant.  This requirement is applied to different classes of immigrants in different ways.

A) Immediate relative and family preference categories

Each immigrant visa applicant needs to satisfy the consular officer that he/she will not become a public charge.  In all immediate relative applications, family preference applications, and employment-based applications in which a close family member owns 5% or more of the petitioning business, the petitioner must submit a completed affidavit of support (form I-864) to show that the sponsored applicant(s) will not become a public charge. A form I-864 submitted within six months of the sponsor’s signing the form is valid indefinitely.

i) If form I-864 and its supporting documents have already been submitted to the National Visa Center (NVC), the documents will be forwarded to our office by the NVC and will be reviewed by the consular officer during the visa interview.  While the form I-864 submitted to the NVC could be valid indefinitely (see above), the supporting documents submitted with this form are not.    Many applicants’ cases are needlessly delayed because their forms I-864 are not accompanied by current supporting documentation.  To avoid this problem, we strongly recommend that all applicants needing form I-864 submit a copy of the petitioner’s most recent tax documents, proof of employment, bank letter, and proof of U.S. citizenship or legal permanent residency.  See paragraph ii below for details regarding these documents.

ii) If the petitioner did not submit form I-864 to the NVC, the applicant must submit the following from the petitioner (sponsor):

• Form I-864 with the original signature of the petitioner/sponsor.
• Documentary evidence that the petitioner/joint sponsor is a U.S.citizen or legal permanent resident (e.g. clear photocopy of birth certificate / certificate of naturalization / U.S. passport / both sides of green card, as applicable).
• Federal tax returns (form 1040) with all supporting schedules for the three most recent taxable years from the date of interview.  An applicant applying in May 2006 should provide 1040 forms for 2005, 2004, and 2003.  Failure to provide a 1040 form for the most recent taxable year will delay your application.
• W-2 forms for the three most recent taxable years, if applicable.
• Job letter or pay stubs (should be less than 12 months old on the day of visa issuance).
• Bank letter (should be less than 12 months old on the day of visa issuance).
• If self-employed include self-employment schedules filed with income tax returns or financial records such as a bank statement for the business accounts.
• Current proof of all assets (including ownership, location and value of each asset together with evidence of liens, mortgages and liabilities for each asset) reported in the I-864.
• If the petitioner did not file a tax return, the applicant should submit a written explanation from the petitioner explaining why he/she had no legal duty to file the return.
• If the petitioner filed a late or amended tax return, he/she should submit evidence of this.
• If the petitioner does not have copies of his/her tax returns, an Internal Revenue Service (IRS) summary of the return deposited should be submitted.

iii) If the petitioner’s income or assets do not exceed 125% of the federal poverty guidelines, he or she must submit the complete form I-864 of an additional sponsor willing to assume financial responsibility for the sponsored immigrant(s).  This additional form I-864 must include all the supporting documentation indicated in section ii) above. If the additional sponsor lives in the same household as the petitioner, he/she is considered a household member, and cannot fill out a separate I-864.  Such household members must execute a form I-864A, as described in paragraph iv below.

iv) If a sponsor wishes to qualify by including the income or assets of a spouse or resident of his/her home, in addition to the above documents he/she should also submit form I-864A for each additional contributor.  The additional contributor should sign the form I-864A as the household member.  Each contributing household member should submit a separate form I-864A along with all the required documents outlined in paragraph ii) above.

v)(a) Applicants are responsible for providing sufficient copies of the form I-864.  Beneficiaries of immediate relative (IR) petitions must provide one original signed I-864 (and I-864A, if applicable) and one complete set of original supporting documents.  (b) Beneficiaries of family-preference (F) petitions must provide one original signed form I-864 (and I-864A, if applicable), one complete set of original supporting documents for the principal alien for whom the petition has been filed and a photocopy of only the form I-864/I-864A for each dependent who will attend the interview and travel with the principal alien.  (c) If the dependent(s) will follow the principal alien to the United States at a later date each dependent must submit an original signed I-864 or I-864A and a complete set of original supporting documents.

B) Employment preference category

i) In employment preference visa categories a notarized offer of employment from the petitioner is required.  If a relative has filed the visa petition as described in paragraph A) above, a form I-864 and all accompanying documents are required.

ii) For follow-to-join applicants in the employment preference visa categories, the principal applicant must submit a notarized affidavit of support (form I-134), a job letter or pay stubs, a bank letter, and forms 1040 and W2 for the latest taxable year.  These documents must be less than one year old when the visa is issued.

C) Returning resident (SB-1) and diversity visa (DV) applicants

A sponsor who is a U.S. citizen or LPR must provide an affidavit of support (form I-134), a job letter or pay stubs, a bank letter, forms 1040 and W2 for the most recent taxable year, and proof of U.S. citizenship or legal permanent residence.  These documents must be less than one year old when the visa is issued.

D) Applicants who do not require an affidavit of support

The following classes of immigrants do not require form I-864:

• Biological (natural-born) children of American citizens (IR-2 immigrant visa category) who will enter the United States when under the age of eighteen and will automatically acquire American citizenship.
• Orphans adopted by an American citizen abroad (IR-3 immigrant visa category) with a full and final adoption.
• Self-petitioning widows or widowers of American citizens (IW immigrant visa category).
• Immigrants who have already worked or can be credited with 40 qualifying quarters of work as defined in title II of the Social Security Act.
  

Note: Only U.S. consular officers, DHS officers and U.S. notaries are authorized to notarize forms I-864, I-864A, and I-134.  Notarization of documents in India may be obtained at our American Citizen Services Unit (please contact the unit at 91-22-2363-3611 or e-mail them at mumbaiacs@state.gov for information regarding office timings and procedures).

For further information on sponsorship from the U.S. Department of State click here.