A family affidavit of support is a contract between the sponsor and the U.S. government aimed to ensure that the applicant does not become a public charge. The sponsor must demonstrate an income that is at least 25% higher than the U.S. poverty line, so that the applicant does not have to rely on U.S. assistance programs for living expenses such as food, shelter, and clothing.
Key definitions for form I-864
What is the difference between family sponsor and financial sponsor?
The family sponsor is the individual filing the I-130 on behalf of the applicant(s). It is the person technically known as the petitioner.
Financial sponsor (or sponsors, as there can be more than one) are the individual(s) filing an affidavit of support on behalf of the applicant(s).
The important rules to know are as follows:
- If the family sponsor can be the financial sponsor (because they meet the minimum income requirements of the affidavit of support), then the family sponsor has to be the sole financial sponsor. In that instance, family sponsor and financial sponsor are one and the same.
- Even when family sponsors do not meet the requirements of the affidavit of support, they have to file their own affidavit of support
- When family sponsors do not meet the requirements, they need to find joint-sponsor(s) or enroll the help of household members. Joint-sponsors or household members then become financial sponsors
What is the current individual income?
When USCIS or the NVC is asking for the “Current Individual Income”, they are asking for the income in the present calendar year. So if today is in year 2022, then they are asking for the predicted level of income in calendar year 2022 (not 2021, even if 2021 is the year of the last filed U.S. taxes).
In other words, the affidavit of support is about the future. A sponsor who just started working can still make a case by submitting recent pay stubs and providing an employment letter. On the other hand, a financial sponsor who just filed an affidavit of support cannot quit their jobs and take a break from working without consequences.
Also note that the affidavit of support is essentially evaluated a second time at the time of the Green Card interview, months and sometimes years after it was originally submitted. At that point the interviewer will generally ask for a new affidavit of support reflecting the current circumstances of the sponsor, and in most instances the ‘current individual income year’ will shift.
What is the most recent tax year?
It is the last calendar year for which the mid-April deadline to file income tax returns with the Internal Revenue Service (IRS) has passed. For example:
- After mid-April 2022, the most recent tax year is calendar year 2021
- The most recent tax year is calendar year 2022 after mid-April 2023
Obviously, the 2nd and 3rd most recent tax years are respectively one year and two years before the last calendar year.
What is the difference between a tax return and a tax transcript?
A tax return is a photocopy from the sponsor’s records. That is what sponsors, or their tax preparation software / tax preparer, sent to the IRS.
A tax transcript is an IRS-issued document, and therefore provides stronger evidence of the financial situation of the sponsor because it is issued by the IRS.
The content of the tax return and the tax transcript are similar, but because the quality of their authenticity differs, the evidence that needs to be provided differs:
- If an IRS transcript is filed, then sponsors do not need to include a copy of each and every Form W-2 and Form 1099 that relates to their returns (unless you filed a joint income tax return with your spouse and are qualifying using only their income)
- If a photocopy from the sponsor’s record is provided (tax return), then sponsors must include a copy of each and every form W-2, 1099, … that relates to their returns
Note that sponsors are not required to have the IRS certify the transcript or photocopy; a plain transcript or photocopy is acceptable.
Key definitions for NVC correspondence
What is an assessment letter?
A letter sent by the National Visa Center (NVC) stating that the affidavit of support provided by the sponsor contains non-critical errors and omissions. The NVC will transfer the green card application to the embassy or consulate which will process the detailed application. However, the expectation is that the applicant will bring a new affidavit of support at the time of the interview.
What is a checklist letter?
A letter sent by the National Visa Center (NVC) stating that the affidavit of support provided by the sponsor contains critical errors and omissions. The green card application process cannot go forward, and the NVC’s expectation is that a new affidavit of support will be submitted by the sponsor to the NVC.