Immigration Affidavit of Support Help
For many families going through the immigration process, the affidavit of support is one of the most stressful aspects. You have a strong family-based petition and every intention of supporting your loved one in the United States, but you’re not sure if your income, tax records, or household size may affect your ability to qualify.
If you need help with the I-864 form and confirming that you meet affidavit of support poverty guidelines, Jorge Munoz Law Firm can help. Call us at (786) 678-8587 to schedule a consultation.
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What Is the I-864 Form?
Form I-864 is the official affidavit of support document used in many family green card cases. When the sponsor signs this form, they accept financial responsibility for the intending immigrant until the immigrant no longer needs a sponsor. This obligation can last years and does not automatically end because of divorce, family conflict, job loss, or a change in your personal circumstances.
When you fill out the I-864 form as a sponsor, you must provide information on your household size, income, tax history, employment, and prior sponsorship obligations. USCIS or the National Visa Center uses this information to determine if you meet the financial requirements for sponsoring an intending immigrant.
Who Must Submit an Affidavit of Support
The petitioner must submit an affidavit of support in most family-based immigration cases. This requirement generally applies to U.S. citizens and lawful permanent residents who want to sponsor a family member for a green card.
To qualify, a sponsor must be at least 18 years old and be domiciled in the United States. They must also have qualifying immigration status.
Even if a petitioner has little or no income, they likely still need to submit Form I-864. They may not qualify on their own as a sponsor, but the case may move forward if they have a joint sponsor. However, even if they have a joint sponsor, they still remain the primary sponsor.
Affidavit of Support Poverty Guidelines for I-864
Poverty guidelines for I-864 are used to determine whether a sponsor has enough income to sponsor the intending immigrant. In most cases, the sponsor must show that they earn at least 125% of the federal poverty guidelines for their household size. There are exceptions; some active-duty military members who are sponsoring a spouse or child may qualify at 100%.
Household size is a crucial aspect of this calculation, and it’s a common source of errors. A sponsor typically has to include themselves, their spouse, their dependent children, any other dependents they have, and the intending immigrant. A sponsor may believe that they qualify after looking at affidavit of support poverty guidelines, only to find out later that they miscalculated the correct household size. Looking at an affidavit of support sample may help you fill out the form correctly, but working with an immigration attorney can help you avoid preventable mistakes.
How Affidavit of Support Poverty Guidelines Affect Your Case
These guidelines can determine whether your case moves forward without issue or if it requires additional support, either in the form of additional documentation, assets, or a joint sponsor. While current income is important, immigration officials also look at a sponsor’s tax history. Pay stubs and employment letters may serve as evidence that a source of income is stable and ongoing.
If you are self-employed, you may need more documentation than traditionally employed sponsors. Your immigration lawyer can look at your specific situation and figure out what documentation is necessary.
Financial Documents You May Need
The government wants proof that you earn enough money to sponsor the intending immigrant. You should provide proof of income, tax records, and proof of U.S. domicile. Useful documents often include federal tax returns, W-2s, 1099s, employment verification letters, bank statements, and proof of assets if applicable. The more complex your financial situation and income sources are, the more documentation you may need to prove your eligibility.
How Jorge Munoz Law Firm Can Help With Form I-864
At Jorge Munoz Law Firm, we help clients understand whether they need Form I-864, calculate the appropriate family size, gather necessary documentation and evidence, understand the poverty guidelines for I-864, and explore other options if the sponsor’s income alone is not enough to qualify. The immigration affidavit of support is a significant step in the green card process and getting it right the first time can save you time and stress.
Call Us to Discuss Your Next Steps
Our team is here to support you through the entire green card process. Schedule a consultation to plan your next steps. Just call us at 854-333-2930 or reach out online now.
