Ask the Consul
Affidavit of Support
A complete Affidavit of
Support (AOS) is a vital element of your loved one’s application for an
immigrant visa. U.S. law requires petitioners to show that their family members
will be provided for financially. Here are some pointers to help you prepare
your AOS.
Which form should I use?
Applicants for K (fiancé(e)
visas): U.S. law does not require petitioners to file an AOS for fiancé(e) visa
applications. However, petitioners must document sufficient income or other
assets to support their loved ones. Often, a completed I-134 form is the
easiest way to do this.
A completed I-864 is required
for most other immigrant visa applicants. Some petitioners can now submit the
new Form I-864EZ, a shorter, simplified Affidavit of Support. In some
circumstances – most commonly, when the applicant is the petitioner’s biological
child under 18 years old -- petitioners can submit an Intending Immigrant’s
I-864 Exemption, or Form I-864W.
All of these forms, with
complete information about which one to use, are available at
http://www.uscis.gov under “Immigration Forms.”
No matter which form you
submit, please review the instructions carefully to make sure that you include
supporting documents. Any AOS should be accompanied by the petitioner’s most
recent Federal tax return. In addition, a copy of recent W-2 forms, pay stubs,
and bank account statements also help paint a complete picture of the
petitioner’s ability to provide for the new immigrant.
I haven’t filed my 2006
taxes yet. Can I submit my 2005 tax forms with my AOS?
Yes. Up to the deadline for
filing Federal tax forms (this year, April 16); petitioners can submit their
2005 tax forms. After April 16, 2007, only 2006 tax forms should be used.
When do I need to find a
joint sponsor?
In order to show that
applicants will not be dependent on public funds on arrival in the United
States, petitioners must document income a certain level above the
Federally-established Poverty Income Guidelines for their family size, including
the family members applying for visas. For required income levels, see the
Poverty Income Guidelines reference (I-864P) at
http://www.uscis.gov. | 
