Tax Returns and The I-864: What You Must Include

Sponsoring a family or other immigrant to obtain permanent resident status with the government involves entering into an Affidavit of Support (Form I-864). This states that you will take financial responsibility and guarantee they won’t become a public charge, who requires need-based government benefits to survive.

1. An Affidavit of Support is required in most family immigrant cases.
2. This is used where a U.S. citizen or permanent resident relative filed the petition or has a controlling ownership stake in the company that applied.
3. Immigration officials consider factors affecting both the immigrant and the sponsor’s situations when reviewing this form.
4. If your income falls short of requirements, sponsorship will be denied.

Although you can withdraw the Affidavit before approval for green card status is given to an immigrant. Your obligation remains until such time that they become citizens or reach 40 quarters (10 years).

To file an Affidavit of Support, the sponsor must present income tax returns for every year claimed on their Affidavit. If they claim they had no duty for tax filing, then other evidence must be presented of their annual income.

An Affidavit of Support must be signed under penalty of perjury by any:

1. Sponsor
2. Substitute sponsor
3. Joint sponsor
4. Household member

It can be anyone who wishes to provide support. But they must confirm their employment, income, and assets with government agencies such as the Social Security Administration or the Internal Revenue Service.

Sponsoring family members for green cards requires meeting specific income requirements that are determined based on HHS poverty guidelines and may vary based on household size.

Basic requirements for sponsors are having a household income equal to 125% of the poverty guideline for their household size, including themselves, their spouse, and any children in the home. Unemployment benefits and child support payments qualify as income sources as long as they remain consistent over an extended period.

Liquid assets may be included, but only when withdrawing them without incurring significant loss or financial strain for the owner. Income requirements exist to ensure sponsored immigrants do not become public charges. Any failure to do so will result in delays, more paperwork, or denial of green card applications.

Many sponsors who file Form I-864 find themselves in situations in which their income falls short of meeting the minimum sponsoring requirement. Such sponsors must keep detailed documentation regarding their current income and assets to avoid receiving an RFE response letter from USCIS.

Joint Sponsors cannot make up for shortfalls in household income of the petitioner/sponsors, as each signs an identical contractual obligation to maintain the sponsored immigrant at 125 percent FPG.

Filing Form I-864, Affidavit of Support, is one of the most critical steps in sponsoring a family member or spouse for a green card. USCIS and the National Visa Center carefully review the financial documentation you submit to ensure the sponsored immigrant will not become a public charge. So, be careful. The best way to go through the whole process is with an experienced Immigration Attorney.