An individual filing a family-sponsored petition (I-130) has to provide an affidavit of support (I-864). This is applicable to those petitioning for an employment-based petition (I-140) if the submission is made by a company or a relative with a major ownership interest.
The supporting documents needed are tax returns, W-2s, 1099s, and a letter of employment from the employer indicating salary, position, and full-time or part-time status. The person petitioning for the relative is obligated to support the beneficiary unless the beneficiary is deceased, leaves the United States permanently, becomes a citizen, or has worked at least 40 quarters in the United States. If the affidavit of support is filed outside the United States, there is no fee. However, if the affidavit of support is filed within the United States, there is a fee.
In order to qualify as a petitioner who can provide an affidavit of support, the petitioner’s income cannot be less than 125% of the federal poverty guidelines. These guidelines are regularly updated. Alternatively, the petitioner can secure a co-sponsor who has the requisite income, based on household size, to provide the affidavit of support. Further, the petitioner may include the income of a qualified household member to qualify to provide an affidavit of support. Finally, if none of the above are options, the petitioner can include equity in an asset towards 20% of the qualifying income.
