Very informative on what documents the petitioner needs to submit in addition to the I-864, do you have a list of what documents that needed for the immigrant (Birth cert., Identification Card, passport, etc.) and I am assuming they must be translated in English prior to submitting? Thank you!
Hello! I’m glad the video is helpful. For the I-864, each sponsor should provide proof of ID and immigration status - that could be a birth certificate, a passport, a copy of the resident card, etc. And yes, every document that is not in English must include a certified translation. Check out our video on how to certify your translations for more valuable tips!
Great video. Thank you! Can you share the link to your awesome, helpful document you shown on the video? It will really help me to know all the required document for i864. Thanks again.
If the USCIS Center is processing the paperwork in 10.5 Months (Vermont) You have submitted the 130 Form On June 8, 2022, and you have a case number when will they ask to submit the Affidavit of Support? I got a message from USCIS on July 25, 2022, that they are now processing my paperwork and said they have not asked for any other paperwork so far. Will they ask in 4, 5, or 6 months? Or more? How months in advance will they set the interview date to give the person time to get the Heath Check? 2 months?
The petitioning sponsor doesn’t file federal tax return since 2012 due to retirement and doesn’t require to file as his only income is from SSI which is below filing threshold. So what evidence or statement should he provide regarding i864?
Hi, Farhana, In our experience with cases like this, it is important to file a written statement indicating why tax returns have not been filed along with evidence of the Social Security income that has been paid for the past three months and the annual amount that will be expected. Additionally, a co-sponsor is almost always required in cases where the petitioner makes less than the filing threshold for income tax. Feel free to reach out with any additional questions❤
Hello, please help! My joint sponsor jointly file taxes with her spouse but her income is enough , does her spouse need to fill out for I-864A? Wzs passport copy.. etc? What else would they need ? Marriage certificate?
Hello, When a joint sponsor files taxes jointly with their spouse, they are required to submit Form I-864A. The spouse must also submit the same documents as the sponsor - three years of tax returns, three recent check stubs (if applicable), and an employer letter (if applicable). A marriage certificate is probably a good idea as well. If you require more specific information, please don't hesitate to contact us.
Hello, In our experience, Form I-864 is most successful when we provide the tax filing or transcript, plus Form W-2, pay stubbs, AND some kind of written confirmation from the employer verifying the employment and salary. If you are a “gig worker” then a contract with the company should be sufficient. Best of luck!
Hello, Swagata Dey, In this type of situation, we would likely try to file with a transcript from the IRS rather than the forms 1099 and 1040. The transcript shows what was submitted and paid to the government, and can be ordered from the IRS website at this link: www.irs.gov/individuals/get-transcript.
Hello, Sourav, It is not a bad idea to upload any documents demonstrating your current earnings as well as those for the past year.@@souravtalukdar8620
Hi thanks for the help. I only made enough in 2022 which i meet the poverty guidelines. But the previous two tax years i didnt make enough. 2020 was because of covid and 2021 i actually didn't make enought because i had a tax right off as a self employed. Please can i still use the 3 most recent tax returns to sponsor my family. My most recent which is 2022 is ok and meet PGL. Thanks
Hello, USCIS will determine whether a sponsor meets the minimum income requirements by looking at their documented current income. Sponsors who are self-employed must include a letter on their own company’s letterhead, confirming their anticipated annual income, and providing contracts, pay stubs, or other documents to demonstrate current income. Past years’ tax returns must be listed on Form I-864, and one recent year must be provided with the form (in this case for 2022). However, even if a sponsor did not earn enough income in all three of those most recent tax years, if they demonstrate that they earn enough at the time of filing and provide evidence of current earning, then the sponsor should qualify. I hope that helps!
I have question on form i-864 there's only two option single and married,what if im married but separated,what should i chose?because if i chose married they'll gonna ask for my ex income and if single will it affect the aplication form?thankyou
Thank you for your very informational video. But I have questions. If me and my spouse filing tax jointly but I am making enoungh income myself, can I make myself as sole sponsor and not include my spouse in the affidavit? If so, do i still have to provide her proof of income since we file jointly in the income tax? Thank you
Hello, Great question. Technically, if one person in the household earns enough, then the other members (including spouses who filed jointly) do not have to also file an I-864A. The primary sponsor will need to prove current income with W-2 and employer letter. If there is any question, USCIS may still request an I-864A from the jointly filed spouse, but we would not typically start there. I hope that helps!
I've read 6 months of pay stubs but here you all say only 3. I have 12 pay stubs. I am hourly pay. How do I submit these pay stubs online ? Each individual pay is submitted separately? Is there a tab for proof of income or are these proof of employment? I am still waiting to submit all this while they run my bank account so I am guessing by Wednesday. If someone could help me that would be great. I just want to make sure sure get this right.
Hello, We generally recommend three recent pay stubs, but more may be used if you like. As for the question about submitting online, we just have to follow the instructions in the portal for NVC. There is no way to submit I-864 online for USCIS.
@Jennifer Walker Gates Hi, I only added 1 pay stub with a certification of employment stating Ive been working with a goverment agency for 13 years. I already submitted these documents can I add more or will it delay my case by adding 6 months of pay stubs?
Hello ! how many months of bank statements do we need? I changed banks on January so I don't have December and Chase is telling me it will take days to be delivered... ugh Could I present a bank letter stating how much I have so they consider March and be okay If I don't send January? ugh so stressful...
Hi, Tiffany, In our experience, bank statements are not required in support of your I-864. The required documents include most recent tax returns and W-2s or 1099s, an employment confirmation letter (if the sponsor is employed/earning income), and three recent pay stubs or checks or other proof of income for the past three months.
Hi! Thank you for the information. I am submitting AOS for my daughter. If I individually meet the Federal Poverty Guideline requirement for my household size and I'm the only sponsor, what document can I use prove residency for an household menber not listed as dependent on my tax return? Thank you for you help.
Hello, The family size calculation on the I-864 requires inclusion of one’s spouse and all children, step children, and adopted children who are unmarried and under 21, even if those individuals are not listed on one’s tax return. Additionally, the employer letter confirming current salary is used by USCIS to determine a sponsor’s eligibility in a particular case, not the income or information reported on the tax return. However, if the officer detects an error of some sort on a sponsor’s tax return, this may lead to the officer issuing a request for additional information in support of the case.
Hi, my son is the petitioning sponsor for my husband but he only filed his 2022 and 2020 taxes, not 2021 even though he was required to do so. My husband has a co sponsor as well because my son doesn’t make enough to sponsor him. USCIS sent him an RFE for I-864 but it’s not specific about what they think we’re missing. It starts by saying that they couldn’t determine if the petitioning sponsor was a qualified sponsor. Later it says that he can use a co sponsor if needed but we’re confused because he has a co sponsor and we sent his last 3 years of taxes and w-2’s and my son’s last 2 years of taxes and w-2’s. Do you think we should resend the I-864 and the same documents we already submitted or do you think the problem is that my son didn’t file his 2021 taxes? Thanks!
Hello, I know that USCIS requests for evidence can be confusing and frustrating. In our experience, the sponsor must file a complete I-864 - with all tax information requested - before USCIS will consider the co-sponsor’s affidavit of support. Accordingly, we would recommend that the principle sponsor get 2021 taxes filed so that all of the required information can be included in his I-864. If you need additional assistance, please don’t hesitate to reach out for a consultation.
Hello, My husband is sponsoring his mother, his income in 2022 was 52,460 but 2021 and 2020 were 44,000 and 38,000 respectively. Total 5 including mother, in that case is this income enough or joint sponsor is needed? He’s self employed.
Hello, While we can’t advise on specific eligibility in this forum, we are happy to provide this link to USCIS’s current chart of income eligibility, showing the income guidelines in effect as of March 1, 2024: www.uscis.gov/i-864p. In order to provide detailed and specific information on a particular affidavit of support, we must conduct a complete and confidential evaluation of household income, tax filing status, current and expected earnings and expenses, etc. If we can be of assistance in that for you, please don’t hesitate to reach out to us for a consultation at jlw.law.
Hello, Kamelia, Yes, non-petitioner sponsors must file a separate I-864, and must provide all the documents in the right-hand column of this chart: tax returns, employer letter, pay check stubs, plus proof of US citizenship or residency.
Hi again'one last question,i filed for my mom and son and so now i am in visa process and affidavit of support for my son and atill not recieving for my mom yet aren't it supposed to come together??since i filed them together??thankyou so much
Hello! In our experience, even cases filed together often proceed at different rates and it is not unusual to receive the affidavit of support request for one while the other remains pending
Why three W2 when all they want to know is to confirm that you have the adequate income according to the most recent year? I think a certificate of employment and the most recet W2 will be enough. What happens if 2019, 2020 W2 are below the poverty guidlines, and in 2021 W2 in above?
Hi, Anthony, We always request three years of W-2s and tax info from sponsors because we need all of that information to complete the Form I-864. But you are correct that USCIS requires only one year to be submitted along with the form. Regarding your second question, the income amount USCIS uses to calculate eligibility for the I-864 is the amount shown on the employer letter and current check stubs. So long as a petitioner or co-sponsor is currently earning adequate wages, and continues to earn that amount until the applicant is approved for his or her resident status, then the I-864 should be approved.
The co-sponsor whom is providing the affidavit of support has his own business what form does he need the 1099 form? and where do I find it? In the Income Tax report or in the Transcript?
Hi, Sandra, Most individuals who are business owners need to provide either all Forms 1099 plus copies of their tax returns OR they may provide tax transcripts. In our experience, USCIS generally considers transcripts to be most reliable.
Hello, Parita, Form I-944 is not in use at this time. If you are using assets to support your I-864, you must simply provide documentation to prove their value. If you need any assistance confirming that the value of the assets is sufficient for meeting the requirements, please do not hesitate to contact us at jlw.law
Please what is income requirements for affidavit of support, is taxable income or adjusted gross income that is needed because my wife adjustable gross is 32000 and also her taxable income is 15000, we are family of three can she file for me without co sponsor ,with respect to this narrations
Thank you so much for the helpful information! My wife's income from her current job (the petitioner for I-864) is greater than the household minimum income requirement. So she is planning to submit her tax return and W-2 from the most recent year, the last three pay stubs, and an employment verification letter as supporting evidence. Based on your experience, would you say that providing additional evidence such as bank statements, 401K and stock investment profiles, and the home annual tax report is overkill or unnecessary? Thanks again!
Hello! In our experience, the only requirements for individuals who earn above the minimum for their family size are 3 recent pay stubs, the most recent year’s tax documents or transcript, and an employment letter. We do not submit additional documents for our clients unless USCIS specifically requests them.
Hello, It is not necessary to complete the assets portion of the I-864 unless the sponsor is using assets to demonstrate eligibility. If income alone is sufficient, then the assets section can be marked “N/A.”
Thanks for the info! Just subscribed… May I ask a. Question: I am Sponsoring my mom according to poverty guidelines I made just enough this year let say about 3K more. Do I still need a co sponsor if so am I using I-864 A or just I-864?
In our experience, if a sponsor earns more than is required by the poverty guidelines, a co-sponsor is not required and we do not include one. However, if we do add a co-sponsor for someone whose income is not adequate to sponsor on their own, the co-sponsor will complete Form I-864 unless they are also a household member of the petitioner, in which case they will use Form I-864A.
Thank you for valuable information. I am sponsoring my sister, who has divorced after her I130 was approved and now goes my her maiden name. How should I fill out Part 2, Item 1.a? Maiden name or previous married name? Should I attach her divorce decree as additional information? Thanks very much!
Hello, While we’re not able to provide specific advice here about how to complete forms, in general, it is a good idea to provide all names a person has ever used, including current name and prior names, and also to submit all documentation confirming the person’s name changes, if any, such as marriage certificates and divorce decrees.
Hello I’m submitting i864 for my daughter but I am married and my husband live in another country. Should I still caught him as 1 of my household size ?
If the petitioner provides 3 recent pay stubs, why an employment confirmation letter is needed? Also, does the petitioner need to provide proof of citizenship or residency?
HI Jennifer- please i have some question, my mother will be my co-sponsor but she retired this year but has retirement income and also did a seasonal work this holiday, can she still be a sponsor and how can she proof her income if she is qualified? will she fill form i-864 or i-864A, but she doesn't stay with me and has no dependent in her taxes.Thank you
Hello, While I can’t provide specific advice about how to handle your case, I can tell you that retirees often serve as sponsors so long as they can prove that they have adequate financial resources. All sponsors must provide copies of documents that show how and from where they receive income, such as check stubs, statements from savings or checking accounts, investment portfolios, or other financial assets. I hope that helps!
Hello, Mr. Hossain, Depending on why the returns are not available, we would likely recommend writing “N/A” in the field for year 3 of taxes and including a brief note explaining why the tax returns are unavailable.
Hello, Each petitioner is required to file I-864 or I-864EZ. If the petitioner is including income from someone else in their household for purposes of sponsoring the beneficiary, then I-864A will be required for that household member. If the petitioner requires a co-sponsor, then both the petitioner and the co-sponsor must file I-864. I hope that helps!
Hello, If you can provide evidence that you have earned 40 quarters of credits - through your social security statement - then you should not need to provide the I-864.
@jennifer - Hi Jennifer I came across your video. I am married with no kids and I am sponsoring my father I am not petitioning him as he is applying for returning resident visa. My query is - Since I am married according to guidelines my husband is my household member and we filed federal tax together last year, if i include his income does he has to fill separate I- 864 for my father and can I still use his income as total income of household if he is not citizen?
Hello, For a non-citizen’s income to be valid for I-864 purposes, that person must have authorization to work in the USA. So long as that is true, you may include all household members’ income in the total, but anyone whose income is included must also file Form I-864A.
Hello, In our experience, providing proof of assets is only required if the current income does not meet the minimum required, and the sponsor does not intend to use a co-sponsor.
Hi question about 864 form We are 3 members of household I’m self employed 1099 form My adjusted gross income $ is 33175 My total income is $35692 My asset is $20700 in my checking account And i have the last 12 months statement And olso i have the current weekly statement Do think is enough or i need a joint sponsor Thank very much
Hello, I’m sorry that I cannot provide a detailed analysis in this forum. If you would like to dive into the specifics of your case, please don’t hesitate to contact us for a consultation.
Kindly can you help us filling up our i-864 we have bussines man sponsor us if our son can't be his income enough please we need to know the cost of 3 person form I-864 i let my son call you if we agree in the price of helping us filling up the forms how much should my son the petitinor how should be to sponsor us thanks
Hello, you can see the minimum income requirements for families of various sizes at this link: www.uscis.gov/i-864p. If you need additional assistance, please don't hesitate to schedule an appointment with us via our website at www.jlw.law.
Hello, We have filed for many clients who only had two years of returns - or sometimes only one. In these cases, it is important to indicate why the tax returns for prior years are missing, which can be done by making a note in the addendum to the form
Thank you for the awesome job, my husband and I filed 2021 tax together sending our w7. But my husband only has 2020 and 2021 taxes is it possible to just add those tax records and omit 2019? He was unemployed 2019 and we were supported by his parents. We also open a business in Oct 2019 we didn't get a 1099k for that year. Now he's able to support me and sponsor me because he makes more than the requested amount and it shows in our 2021 taxes. This is the only thing that is keeping us from sending the package.. and it has been really hard. Please I would appreciate some insight and sorry for the long post. Thank you.
Hi, Amelie, I can’t say for sure without a careful look at the case, but in general, USCIS wants tax records from the most recent tax year - we never send all three years, just the most recent year. Also, if you can get an IRS transcript, that can help ensure that you are submitting all of the required information but not “oversharing” information that they don’t really need. Finally, it’s important to remember that current earnings are most important - the sponsor’s income from year’s past doesn’t matter much so long as their current income is enough. I hope that helps!
Hi jennifer my mom is sponsoring my young brother. The problem is she didn’t make enough income in last 2 years but the most recent one is good . Can she do it by herself? If not if I join sponsoring do I have to attach W-2 if I have tax return? Another question is if I join sponsor, is she has to attach her tax returns and W-2 too since I do ?
USCIS processes generally mandate that applicants show proof of compliance with IRS requirements and tax law. Without such proof, it is highly unlikely that a case will be approved.
Thank you for the great work. I am sponsoring for both my mom and dad and have separate applications for both. Do I file separate I-864 for each or just one I-864 with the 2nd intending immigrant name in family member 1 under Part 3.
Hello, This is a great question. Since you have separate petitions for each parent, you will file a separate I-864 for each of them. I hope that helps!
Thanks for the great video. I’m sponsoring my spouse and we don’t have a child yet but I live in my parents house where he will join. I have enough to sponsor him as a dependent. Do I count my parent too as part of the household since I’m living with them . Note ; they’re not dependent on me.
Hello, Issah, This is a great question. The only people that must be included in your “household total” for purposes of the I-864 are spouses, dependents listed on last year’s tax return, children under age 21, and individuals previously petitioned who are now lawful permanent residents - and they must be included in the total “household” number even if they live in a different/separate household! Adults who actually share your home and are contributing to the income of the household/are not dependents do not need to be included in the total for Form I-864. I hope this helps clarify - if you have further questions, don’t hesitate to reach out.
Hello, The answer to your question depends on your role in the process. Are you the petitioner or beneficiary? Are you sponsoring a spouse or another family member? Do they have any dependents? Etc. If you would like to discuss your affidavit of support in detail, we would be happy to consult with you about it. Please feel free to schedule with any of our attorneys at walkergatesvela.as.me/WGV .
@@jenniferwalkergates5745 for the affidavit support form do they look at the length that you have your job I have no children I have no kids I am the petitioner for my husband's spouse
Hello, Generally speaking, anyone can serve as a co-sponsor if they are a U.S. citizen or lawful permanent resident, and they earn above the minimum amount required for their family size. Assuming they meet those qualifications, then friends can serve as co-sponsors.
