Deep Dive :I-864 Affidavit of Support

Audra explains some key issues that people encounter with the I-864 Affidavit of Support: Household size, salary, and tax income. Overall, officers vary on what they expect, so don't feel too bad about receiving an RFE. Just respond quickly with the requested info and move on with your case. #I864 #affidavitofsupport #doylelawatl #doylelawllc
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[@janniellajames5451]

This form is very confusing cuz some people said to do an estimate for the current income and others said to use last year tax return for the current annual income so which do we use

[@AudraDoyleImmigrationLawyer]

You're correct, it's confusing! I list the current annual income.

[@joshuagedutis4733]

Hey Audra, we have entered Household size 3 in form I-485, as my dad lives with my wife & I, but he is not a joint sponsor. So for Part 5 in form I-864 can we still enter household size as 2 as he is not the sponsor?

[@AudraDoyleImmigrationLawyer]

Please refer to the I-864 instructions to decide.

[@ncosicarty6500]

My son a us citizen started working part time two months ago what should he do about the part asking about federal tax info on the i864 form

[@AudraDoyleImmigrationLawyer]

Fill it in truthfully.

[@junaidbhatti4264]

Could you clarify me on Part 6. I am single living by myself sponsoring my two parents. They are both elderly and do not have significant income to take part in the process. I make enough to sponsor them both. So I listed my total income estimated for 2023 in #7 and left person 1, 2 and 3 blank because it says “Income you are using from any other person who was counted in your household size”. I am not using them so I left this blank. Confusing is #22 and #23. I left 22 blank, easy enough. The main question: #23 Do I check this and leave the block for Name empty?

[@janniellajames5451]

Can you let us know if someone on a k1 visa apply for ssn card after they arrive if on the AOS i485 n ead i765 if they still have to select that they want a ssn card n then uscis will send them a new ssn card ?

[@AudraDoyleImmigrationLawyer]

You do not need to apply for the card if you already have one.

[@janniellajames5451]

@@AudraDoyleImmigrationLawyer ok would they update the status of the ssn card after they receive their ead n conditional green card ?

[@AudraDoyleImmigrationLawyer]

@@janniellajames5451 You should do that just to be sure.

[@janniellajames5451]

@@AudraDoyleImmigrationLawyer thank u

[@AudraDoyleImmigrationLawyer]

@@janniellajames5451You're welcome!

[@Rcss-rx5fk]

i got my parents i130 approved have 4 under 18 years children's they have, I have 8 dependents to sponsor all of them even if i add joint sponsor is not enough , what i should do ?

[@AudraDoyleImmigrationLawyer]

You must get another joint sponsor.

[@jxaviercervantes8176]

self-employed does not have a 1099 or w2 What proof of income shall be sent to USCIS ?

[@AudraDoyleImmigrationLawyer]

Can you get a wage and income transcript from the IRS? Also there may be a schedule on your tax return that lists your company's income.

[@RedneckNFilipina]

Ok. I am sponsored 3. My wife and her two children. They each have their own visa application. So I assume I fill out I-864 for each one?

[@AudraDoyleImmigrationLawyer]

Yes, you fill out an I-864 for all three applicants. If you need assistance, you can reach out to me for a consultation at 404-325-5858. I'd be happy to help.

[@user-sq9ik2fy8n]

An affidavit of support was submitted in year 2021 and now my immigrant visa interview has been scheduled so before interview is it must to submit/upload an updated signed affidavit of support or it is enough if latest tax transcripts and W2s/1099 are uploaded? Has any one received any objection from concerned embassy in this respect that one must upload updated AoS since previous one has expired or for any other reason?

[@AudraDoyleImmigrationLawyer]

Follow the Embassy instructions to the letter.

[@danielkane6895]

Thank you Audra!

[@AudraDoyleImmigrationLawyer]

You're welcome!

[@thaynacarvalho5429]

Hi, if I need a co sponsor, I should put this on my house hold. But the thing is that my sponsor fills up joint to his spouse, do I need to include her in my house hold ?

[@AudraDoyleImmigrationLawyer]

This is a tricky question! Read the I-864 instructions carefully. A joint sponsor may not be a household member. Please feel free to reach out for a consultation. 404-325-5858.

[@IslamicWisdom-d3x]

hi, my case at nvc . i submitted i864(petitioner) and i864a (household member my husband) but our income doesn't meet minimum requirements. so i added a joint sponsor and joint sponsor's household member .but nvc rejected joint sponsor ,their income even not sufficient. they ask joint sponsor assets proof. if i add second joint sponsor do i still have to submit 1st joint sponsor's assets proof?? please reply my comments I'll be very thankful to you

[@AudraDoyleImmigrationLawyer]

I would just focus on the 2nd joint sponsor.

[@DJ_shawlon_shortboss]

Hi I’m requested a transcript for my recent tax return year and I found out that I owed the irs 10,000 will this cause any issues filing for my spouse? What should I do?

[@AudraDoyleImmigrationLawyer]

Oh dear! I'm sorry to hear that. I would contact a CPA and it should not negatively affect your case.

[@turabhasan9518]

I am USA citizen, doing affidavit of support for my foreign husband. I am domiciled in UAE temporarily with my husband. Do I need to be physically inside USA at the time of submitting affidavit of support?

[@AudraDoyleImmigrationLawyer]

No you do not have to be physically in the U.S. but you do have to prove U.S. domicile. This is a legal concept, not only about physical presence.

[@teachergreen7980]

Do we need to separate forms if filing for spouse and stepchild *9yr old*? If yes, what do we place at the principal immigrant section on the child's form?

[@AudraDoyleImmigrationLawyer]

they should be separate if you are a U.S. citizen.

[@teachergreen7980]

@@AudraDoyleImmigrationLawyer THANK YOU

[@salmanfarsi6925]

Hello , Your video is really helpful. Thanks for your informative video. I have few questions . I am applying for my wife visa. It’s in NVC now. 1. How do I sign i864 form. Do I just print out that sign page and after sign reupload that page separate with I864 ? 2. My brother will be joint sponsor for my wife. My brother is married and has kid. They tax file together. do I have to also upload passport for my brothers wife and kid or any documents for them. Or only just for brother passport because I am using only brother income.

[@AudraDoyleImmigrationLawyer]

1. Yes. 2. Follow the NVC rules. If your brother's wife is not signing the I-864 then she does not need to upload her passport. The child does not have to in any case.

[@salmanfarsi6925]

3. Also me and my brother live in a same place. So should I also count them as household members even I don’t mention them in tax file? Thank you so much for answer

[@Samantha-kv1uc]

@@AudraDoyleImmigrationLawyerIs an electronically written signature okay? I saw conflicting information on the travel.state.gov site saying that a “wet” signature is no longer required. Also thank you for all that you shared.

[@encinoman740]

Hi Atty Doyle. The section that's asking for the last 3 years of taxes. Isn't that section (optional) as its only asking for most recent?

[@AudraDoyleImmigrationLawyer]

It is optional to send in the actual returns, not optional to answer the question.

[@gracetmodel]

Thanks for your work Audra, I would like to know does a person who files affidavit of support have to submit photos along with the I-864 form?

[@AudraDoyleImmigrationLawyer]

Not required.

[@Itsmelol999]

Hello I have a question! I have my 1040, I paper filed and transcript is not online yet. What do you recommend?

[@AudraDoyleImmigrationLawyer]

Send in what you have.

[@toyvsramos-parocha8085]

Hello Atty Doyle, 1.Do I have to put/count my wife on the form even though we're no longer together for years ? 2. I only have 2 current w2 for (2022 and 2021) and prior to that I did not work because I got locked down overseas due to Covid Pandemic. I'm petitioning my Son (It has been approved).

[@AudraDoyleImmigrationLawyer]

We can have a consultation to go over your questions. 404-325-5858.

[@iamthemarising]

We did not meet the poverty guideline as the tax return of last year was lower. We received the RFE asking for 12 months bank statements or other assets or a joint sponsor. My husband is making enough this year now and we can provide 12 months and the W2 proving he can sponsor. However, wondering if that would be enough or do they still want a joint sponsor?

[@igieborsylvestertv5271]

Just go for a joint sponsor to avoid more drama

[@AudraDoyleImmigrationLawyer]

@@igieborsylvestertv5271 That is frequently the best option.

[@amysab-a8195]

Hi Atty Doyle, your video is very helpful. We received an RFE for I-864 and uscis asked us for latest tax return. The latest IRS tax return we have here is 2021,2020, 2019 since the filling for 2022 is still April. Can we send this out as a reply to RFE?

[@AudraDoyleImmigrationLawyer]

I'm glad it was helpful! I can't give you legal advice, but it does seem correct that 2021 is your latest tax return, IF you file the RFE response to be received before April 15.

[@shaukatalisheikh5374]

Hi Attorney Doyle very nice and to the point explaination.There is one issue which bothers me the most.Filling the form by downloading Adobe acrobet get adobe reader which do not allow any change. My simple question is my daughter has total income sufficient more than four time the limit do i still need to disclose mine or my parents bank accounts which says it is optional

[@aneekaatique]

Annual current income; i submitted 1099 form but it is not cont. income. As i am living in other country and having salary . Should i put that income sum in there? Also in transcript there is no “this is your total income” line but “total income” line which is leaser than it mentioned in the 1040 SR form of the same tax return. What is preferred as we are submitting transcript.

[@nusratbushra6415]

Ms. Audra, Thank you so much for your info! Really appreciate your help! I just got my I130 approved, but they requested a I824 form as well. Now, my question is can I send I824 and I864 together?

[@AudraDoyleImmigrationLawyer]

Congratulations! It does not make sense to do that. I think we should have a consultation. 404-325-5858. [e-mail]

[@Taylorfamilymichigan]

Hi Audra! It’s me again. I submitted form I864 but my income is $75 short of the minimum income requirement ( I didn’t notice that they have changed the income requirements on march 1st 2023 so blame on me) NOW I got the letter saying that my income doesn’t meet the minimum requirement. My question is: can I use my savings and checking as assets for the income? If yes, how much do I have to show? Again my salary is only $75 short) Or should I just submit a joint sponsor!? Thank you so much!

[@AudraDoyleImmigrationLawyer]

Go check the I-864 instructions. You should be able to submit evidence of assets which must be 5 times the difference of your income and the required income.

[@Taylorfamilymichigan]

Thanks for responding but I’m a little confused now. Are they talking about my current income of 2023 or are they talking about my income that show on my tax transcript of 2022. The income of both year is a little less than the requirement. What year should I use to count for the difference?

[@jmghostymike8704]

Hi Atty Doyle, Thank you for doing this video!! Last year I did not meet the income requirements, but I will currently. Can I use paystubs to show proof of income above the necessary amount ?

[@AudraDoyleImmigrationLawyer]

Yes, give it a try. USCIS is very tough.

[@spaceengineer9.81]

Did you get a response yet?

[@jmghostymike8704]

@jaannnnaar From my attorney they say no paystubs. Have to use tax forms for the year not the paystubs. But I also Have not reached the point of the Financials step in the USCIS process so I will be able to use my tax forms received January 2024 for this current year of working.

[@oSnapMillerTime]

Are you told you need this or do you have to know you need it?

[@AudraDoyleImmigrationLawyer]

I don't understand your question? Need what?

[@sayedlakanwal2512]

hello i watched your video , it seems to me very helpful . can you please tell if i can use this form for my sibling , and also can i fillup this form together with i-131

[@AudraDoyleImmigrationLawyer]

Filing those two forms together is not normal. They should go with a larger packet containing other forms.

[@lukethemarksman]

What about sponsors who are retired? Their real income is one thing and their taxable income is different ( usually smaller and sometimes smaller than the minimum income)?

[@AudraDoyleImmigrationLawyer]

We show their annual retirement income and their tax return. USCIS usually comes back with questions!

[@Chozengenerationco]

Hi, if I am separated from my spouse, do I still need to enter 1 for part 5 no.3 ‘currently married’?

[@AudraDoyleImmigrationLawyer]

You can reach out to me for a consultation if you like, 404-325-5858.

[@andreredmond8478]

I love your video, the only problem is that on line 1A I am the petioner but she is my girlfriend and not my relative. Does that matter

[@AudraDoyleImmigrationLawyer]

You can be the joint sponsor but not the petitioner of your girlfriend.

[@cheyennecummings45]

Hi good evening, my husband is currently unemployed do you have any advice on when selecting the unemployment option and how we go about his income.

[@AudraDoyleImmigrationLawyer]

Just show his assets OR get a joint sponsor.

[@cheyennecummings45]

@@AudraDoyleImmigrationLawyer thank you for your help. But I was wondering what I should use for his annual income after selecting the unemployed option.

[@AudraDoyleImmigrationLawyer]

@@cheyennecummings45 I would put 0.

[@chazayah5985]

My future wife the beneficiary has an interview coming up for a k1 visa . They told her to bring i134 form , but I didn’t meet the poverty requirement . I want to know do I fill another i134 form for my sponsor?

[@AudraDoyleImmigrationLawyer]

Yes that is correct.

[@chazayah5985]

@@AudraDoyleImmigrationLawyer thank you

[@dalilam993]

hello thank you so much for ypur help. i just got a REF and I dont know what is wrong so my question is. Do i have to fill out the I 864 form again? And also attached the evidence? or I have to send the evidence only without the form? . please help ! thank you

[@AudraDoyleImmigrationLawyer]

We would be happy to assist you with your RFE response. 404-325-5858 or [e-mail]

[@glennmarkcaniya3156]

Question..coz they put a wrong alien number in my aos i864..what should ill do or is that fine

[@AudraDoyleImmigrationLawyer]

I will need more information to know if this is a problem or not.

[@salmanfarsi6925]

Thanks for replying.you are great. I have few questions 1. Form i864 part 2. Should I put sponsor USA mail address or wife foreign mailing address? 2. For married file jointly sponsor if I just want to show only husband income do I submit W2/1099 for both spouse or just husband w2 with tax transcript? 3. For self employed total income or adjusted gross income? Can I just submit tax transcript or also I have to submit schedule C? Thank you so much

[@AudraDoyleImmigrationLawyer]

This is a lot! Please contact us for a consultation. 404-325-5858.

[@farzanasworld6109]

I didn’t include this form with my spouse i130 application. What to do?

[@AudraDoyleImmigrationLawyer]

Is it required? We submit them with the I-485 OR with the NVC documents.

[@farzanasworld6109]

@@AudraDoyleImmigrationLawyer so it’s ok that I didn’t submit it with i130 application. When it goes to NVC, they will ask for it?

[@AudraDoyleImmigrationLawyer]

@@farzanasworld6109 Yes the NVC will ask for it.

[@theraman87]

Now i-130 is approved and im filing i-864 and now i need to know my wife bring my son with her and my one year old son he is us citizen. Do i need to add him on page 4 , part 5?

[@AudraDoyleImmigrationLawyer]

It depends on what type of I-130 you are filing. The answer is different depending on whether this is an immediate relative or a preference case. You can see the instructions at uscis.gov.

[@freyal4499]

Thanks for this video!! What do we do with number (1) that comes in the form? And that particular part?

[@AudraDoyleImmigrationLawyer]

Leave it. That is the Beneficiary.

[@me-uu8jj]

Hello how can I get a copy after accepted to bring with me to the interview

[@AudraDoyleImmigrationLawyer]

If you did not keep a copy and your lawyer does not have a copy you will need to file a FOIA.

[@me-uu8jj]

@@AudraDoyleImmigrationLawyer but my intervew is in one week can I just file it again and upload it to get a copy

[@AudraDoyleImmigrationLawyer]

@@me-uu8jjWe can have a consultation if you wish. I might be booked up for this week so you may want to reach out to another lawyer with availability.

[@kemodunvideos6974]

Ms. Audra, I am an active duty military member petitioning for a parent currently residing outside of the us. What for should I fill out and how do I know if I make enough to petition on my own?

[@AudraDoyleImmigrationLawyer]

First, do you have an LAO at your base? If not, let me know. You need to file Form I-130. Look at Form I-864P to figure out your financial requirements.

[@kemodunvideos6974]

@@AudraDoyleImmigrationLawyer Good morning ma’am. I filed the I-130 with USCIS, they approved my case and transferred it to NVC. Now it’s just gathering supporting documents to send to NVC.

[@kemodunvideos6974]

@@AudraDoyleImmigrationLawyer Also, I am active duty, I still trying to understand the financial part. I cannot tell whether I need to get an additional affidavit or I will be ok filing alone.

[@AudraDoyleImmigrationLawyer]

@@kemodunvideos6974 That's great! The LAO can help you or you can contact my office for a consultation.

[@delphinedjokpe6398]

Hello Audra thank you so much for your video, it’s very helpful 👍 My question is, l have made the required income in last to years. Now l am working per time and my income is very low. And also l do not have anyone here to help me to do the joint sponsor. What should I do? My relative i130 has proved already.

[@AudraDoyleImmigrationLawyer]

They may ask for a joint sponsor or assets.

[@rjslias1918]

I am in process of filing affidavit of support for my biological mom and dad green card. I don't qualify as a sponsor since I don't make much money and right now I am not working at all (taking care of two small kids) but my wife is ready to sponsor. My wife is currently not working because she is going to school till August. Last year she worked one month only but she got unemployment benefit. She has enough money to sponsor my mom and dad. How and what forms do I need to fill? Please help

[@ranarayhan8850]

Part 1-2,a and b . should i put my mother address who is living in outside of usa and who is principle applicant

[@salmanfarsi6925]

Hi, thanks for the video. If you just want to provide recent one year tax file. Do I need to fill up 24b-c also or just 24a only? Thanks

[@AudraDoyleImmigrationLawyer]

All of the blanks.

[@krisyarn]

Hi. My wife has a child but her baby father claims the child on taxes, should I also include her as household?

[@encinoman740]

@Atty Doyle - Can you address why certain fields on the I-864 form such as Page 3 > Part 4 (Item numbers 4.a. - 4.b.) > Page 4 > Part 5 (Item numbers 1,2 and 8); Page 5 > Part 6 (Item number 20) are restricted from entering any data. www.uscis.gov/sites/default/files/document/forms/i-864.pdf

[@AudraDoyleImmigrationLawyer]

I just use a pen and write it in. Also try using Microsoft Edge.

[@rema514]

Hi Madam I live in the south pacific can my uncle sponsor me under the 1-864 affidavit of support ,he also has a business

[@mariamidanelia760]

Hello Audra, i made the mistake and i add my father as household member and now its requesting a proof of citizenship and proof of domicile, and i don’t know what to do in this case,maybe you do have any information about that. thank you so much ❤

[@AudraDoyleImmigrationLawyer]

You can contact the office if you would like for me to handle the RFE.

[@hemantgohil8845]

Hello Audra Thanks for the video. I have one question that I couldn't find through the video. I recently got married to a US citizen. She is an RN and has been working in the hospital since mid-2022. I am on an F1 visa. I am currently pursuing my 2nd master's here in the US, and I currently don't work. (No CPT). But I worked until last year in October on STEM -OPT before my second master's began, so I had income and filled taxes to show for the last 3 years, which is above the federal poverty threshold. So my qtns is in the form I-864: 24. c. 3rd Most Recent? My wife started working professionally around mid-2022 and has a 1040 total income higher than the federal poverty threshold for 2022. and 2023. but 2021's total income (~10k) was way below the fed poverty threshold. So, what could you recommend? Should we enter that total income (10k) into 24.c. in the 3rd most recent total income box a no?

[@AudraDoyleImmigrationLawyer]

Please reach out for a consultation. 404-325-5858.

[@jeg791]

What if i only have last years tax return?

[@AudraDoyleImmigrationLawyer]

If you were required to file your taxes but did not then you need to take care of those. If you were not required to file, then you need to explain that to USCIS.

[@jajareyla9728]

Hi atty doyle. My primary sponsor is not in the USA for several years now. And hasnt work there. What should i put in part 6?

[@AudraDoyleImmigrationLawyer]

That is not good. They need to be domiciled in the U.S. to be a sponsor on your case.

[@Louis_M2k1]

Can i attach it while filing form I-130?

[@AudraDoyleImmigrationLawyer]

I wouldn't.

[@IA-lg1uh]

What can I send for evidence if they send me a REF

[@AudraDoyleImmigrationLawyer]

The RFE will suggest evidence to submit.

[@mailboxprintingpostalshipp1189]

HI I'M PREMARY SPONSOR BUT IT'S BEEN MORE THEN 5 YEARS ,I BEEN NOT WORKING MAY USE MY UNCLE AS CO-JOINT

[@AudraDoyleImmigrationLawyer]

Yes.

[@mailboxprintingpostalshipp1189]

@@AudraDoyleImmigrationLawyer THANK YOU

[@peterliu1268]

like the video. So clear. If I have questions, can I ask you.

[@AudraDoyleImmigrationLawyer]

Very good!