The I-864 Affidavit of Support (Part 2)

April is tax time, and it is also the time when the new minimum income requirements go into effect for sponsors of immigrants. Sponsors will need to make sure that their income is sufficient under the new guidelines. If it is not sufficient, they need to find a co-sponsor or joint sponsor.

What is the difference between a “co-sponsor” and a “joint sponsor” ? Basically, a co-sponsor is a relative living in the sponsor’s household who agrees to allow his or her income to supplement the sponsor’s income, if needed. The co-sponsor does not need to do a separate I-864, but can just use form I-864A to agree that his/her income can be used in sponsorship.

A joint sponsor is usually a close relative who does not live in the sponsor’s household. Friends, very distant relatives or employers might not be accepted as joint sponsors by the Consulate. The joint sponsor’s income must be enough to support his own family, plus the immigrants who are being sponsored.

The most frequent mistake made by sponsors who fill out the I-864 by themselves is that they don’t calculate correctly the number of people. The sponsor must count the following persons, no matter where they live:

The sponsor, the sponsor’s spouse, unmarried children under 21, any claimed dependents on the last tax return, the intending immigrant and accompanying family members, and anyone the sponsor has previously done an I-864 for.

On the I-864, the sponsor can, if he wishes, include adult or married children, parents or siblings who are in his household and who have income to contribute.

Once again, we encourage sponsors to keep their financial support documents up to date. This includes employment verification, tax return and W2.

Finally, we also encourage sponsors to have the I-864 prepared by an experienced immigration practitioner. The National Visa Center (NVC) does not check to see if the I-864 is done correctly. They just send it to the Consulate. If there are mistakes in the I-864, the case could be delayed for some months.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Q.1. If my adult or married children, parents or siblings are living with me, do I have to show I have enough income to support them?
A.1. No, they do not have to be included in the household size, unless they are going to contribute to the support of the immigrants.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Q.2. Will this year’s tax return be required if my relatives are going to be interviewed in April?
A.2. If your income has been satisfactory for the past 3 years, and you have updated the support documents, then maybe this year’s tax return will not be needed for an interview in April. However, you should try to have it ready for the interview, just in case. For interviews after April, the 2010 tax return should definitely be available at the interview.