Immigrant Visas

Financial Sponsorship for Immigrant Visa Applicants: General Criteria

Each applicant for an Immigrant visa must present a notarized affidavit of support (I-864), which is a legally binding document. The sponsor must also provide supporting documentation, eg. tax returns for the last three years signed by the sponsor, W-2 forms, employer letters, bank statements showing daily balances and, if requested, IRS transcripts. If the petitioner has not filed a tax return, he must provide a sworn statement explaining why he did not file a return. If the petitioner is not working or has earned income less than the US poverty guidelines, a credible joint sponsor (normally a close relative) is required in addition.

The sponsor must include himself/herself, and all individuals living in his household in the affidavit of support. Thus, if the sponsor lives with his brother, parents, nieces and nephews, etc., he must include all of them in his affidavit of support, even if they file separate returns. The sponsor must convincingly demonstrate that he can support himself, and all individuals living with him. If their income needs to be combined in order for the sponsor to meet poverty guidelines, their financial documentation must be included as well, along with an I-864A.

If the petitioner/sponsor is married, he/she must be included in the household size, and his/her income tax returns must also be included. If either the sponsor or his spouse is receiving public benefits or unemployment compensation, a credible joint sponsor is required.

Also, anyone claiming "business income" on his/her return must provide evidence of the business, receipts, registration, the exact nature of the work, etc.

These are general guidelines. Upon review of the documents submitted, the consular officer may request additional substantiating documentation.

More Information regarding I-864

Who Needs an Affidavit of Support Under INA Section 213A?

- All family based Immigrants, including adoptees (self petitioning widow/ers and battered spouses and children are exempt from this requirement). - Those employment based Immigrants who are petitioned by a relative or by a business in which a relative has significant ownership interest.

Who Completes an Affidavit of Support Under INA Section 213A?

The person completing the affidavit is the sponsor.

- For family based immigrants, the petitioner must be the sponsor.

- For employment-based immigrants the petitioning relative with significant ownership interest in the petitioning entity must be the sponsor. - Under certain circumstances, a joint sponsor/s may also submit a Form I-864 - An I-864 with all supporting documents must be submitted for each visa applicant including eligible accompanying family members. Photocopies may be submitted for accompanying family members, but must have original signatures and notarizations. Photocopies of the signature and notarization will not be accepted.

Validity of the I-864 and I-864A:

The I-864 and I-864a must be submitted to a consular officer within six months of the date they are signed and notarized, or new forms will be required. A form submitted within six months of signature will have an unlimited validity and will not expire. However, a consular officer may require supporting documents that are over 12 months old to be updated.

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