If you’re unsure about the process of filing an Affidavit of Support (Form I-864), you might feel a bit overwhelmed. What are the requirements? How do you demonstrate your ability to support your immigrant relative? Will the process be complicated? Whether you’re a U.S. citizen, a lawful permanent resident, or someone looking to help a loved one reunite with their family in the United States, this guide will make things clear and simplify the steps necessary to complete the Affidavit of Support. But first, why is it so important?

The Importance of the Affidavit of Support: Securing Your Family’s Future

The “Affidavit of Support” is a crucial signed document that confirms your willingness to take financial responsibility for a family member applying for a green card. Officially known as the U.S. Immigration Form I-864, this Affidavit of Support form holds the key in the immigration process to unlocking a new life for a family member in the United States.

To make it more digestible, we’ll refer to the individual signing this Affidavit of Support for the family member as the “financial sponsor” and call it the Affidavit Letter of Support. This person is typically, though not always, the same individual as the family member providing the sponsorship. If you’re wondering how to complete an Affidavit of Support, our immigration law firm based in Iowa and principal immigration attorney, Himani Bhardwaj, can help guide you through the process and complete the I-864 form.

Form I-864 Processing Time

The timeline can vary based on one’s circumstances. It’s important to remember that this form is part of the family-based green card application, meaning its processing time is how long your green card approval takes. Navigating the I-864 can be tricky if you make mistakes, which can delay your immigrant visa application. To simplify this process, we recommend consulting with an experienced immigration attorney who can provide valuable guidance and support. Here’s how to fill out the Form I-864.

To avoid any delays, visit the proper Form I-864 instructions here. For the full Form I-864 Checklist, you’ll need to file the following documents that also cover the Affidavit of Support income requirements (2024)​ listed on the USCIS Affidavit of Support page here. Here’s the basic documentation you will need.

For All Sponsors:

• Copy of your most recent federal income tax return and W-2 forms. If you didn’t need to file, include a statement explaining why.
• Copies of any Form 1099 and other income documents.
• Recent pay stubs from the last six months or a letter from your employer if helpful.

Some additional Affidavit of Support documents and financial evidence​ may be requested including:

Financial Sponsor:

• Proof of Status: Provide photocopies of your U.S. birth certificate, U.S. passport, naturalization certificate, or Green Card to show your permanent resident status.
• Tax Returns: Include your complete federal tax returns for the most recent year, with all pages stapled together. If you didn’t have to file a tax return, attach a letter stating your income was below the filing requirement or provide documentation supporting your exemption.
  At HBM Law, we prefer submitting the financial sponsor’s IRS Tax Return Transcripts instead of the 1040 Federal Tax Returns, W-2s, and/or 1099 forms. These transcripts can be downloaded for free from the IRS website and offer several key advantages: they are official documents issued by a government agency, consolidate all the necessary information into a single document, and eliminate the need to include additional forms like W-2s, 1099s, or other tax schedules.
• Assets: If necessary, show evidence of any assets, including where they are located, their value, and any liens or mortgages on them. The calculation of an asset’s market value varies depending on its type. For example, using a vehicle, real estate, or an investment portfolio as financial support each comes with its own set of eligibility criteria and valuation methods.

Affidavit of Support Household Members:

• Each household member whose income or assets will be counted must complete a separate Form I-864A.
  Tax Returns: Include their complete federal tax returns.
  Assets: Provide evidence of their assets if needed.

Joint Sponsor Affidavit of Support (if applicable):

• Proof of Status: Submit proof of U.S. citizenship or permanent resident status (refer to the Sponsor section for details).
• Tax Returns: Include your complete federal tax returns (see Sponsor section for details).
• Assets: Provide evidence of any assets if necessary (see Sponsor section for details).

Self-Employed Sponsors: Navigating Requests for Evidence (RFEs) and Denials

When petitioners are self-employed and do not receive traditional employee income (i.e., W-2s), it’s not uncommon to encounter Requests for Evidence (RFEs) on the Affidavit of Support (Form I-864). From HBM Law’s experience, USCIS is particularly focused on verifying the actual income received by the sponsor, not just the business’s revenue. Here’s how we address this challenge:

Overcoming RFEs and Notices of Intent to Deny


We have successfully overturned RFEs and Notices of Intent to Deny triggered by self-employment cases by demonstrating the sponsor’s non-wage income through a combination of supporting documents, including:
1. Bank Statements: Providing six months of individual checking or savings account statements, highlighting regular monthly deposits (whether by check, cash, or direct deposit) to show consistent income.
2. Issued Checks: Copies of checks made out by the business to the individual over several months, establishing a pattern of income.
3. Estimated Tax Payments: Evidence of federal quarterly estimated tax payments, confirming compliance with tax obligations.
4. Tax Returns & Schedule C: A copy of the sponsor’s most recent federal tax return, along with Schedule C, to document self-employment income.
5. Shareholder Distributions: Proof of any shareholder distributions received from the business over the past year.

By compiling and submitting these documents, HBM Law can effectively demonstrate the sponsor’s financial capability, ensuring that USCIS recognizes the sponsor’s legitimate income sources. If you’re navigating similar challenges, let our team at HBM Law help you with the self-employment income verification process to secure a positive outcome.

Your Family Deserves the Best. Trust Us with Your Affidavit of Support Needs.

Navigating the requirements for the Affidavit of Support (Form I-864) can be complex and overwhelming. Our Iowa-based immigration law firm can provide you with the latest guidance on this important process. If you need assistance with completing the I-864 or want to explore how it fits into your family’s immigration journey, speak with our experienced immigration team today.