I-864 Affidavit of Support: The ultimate document checklist for meeting the income requirements

The Form I-864, Affidavit of Support is the financial backbone of any family-based green card case. Without convincing proof that the sponsor—or an approved co-sponsor—meets the federal poverty guidelines, the entire residency process stalls. Below I share the step-by-step checklist my firm uses so you’ll know exactly which documents to gather, how many years to include, and when assets or co-sponsors become essential.

Why the I-864 Matters

USCIS (and the National Visa Center, when a consular process is involved) must see that the immigrant will not become a public charge (dependent on the government for basic subsistence). That assurance comes from the sponsor’s:

1. Current income (salary, self-employment, or passive income).
   
2. Historical tax filings (up to three years).
   
3. Available assets (when income alone falls short).
   

At JLW Immigration Law Group, we have specialists in Adjustment of Status lawyers in Austin. We invite you to learn more about these services.

The income must meet or exceed the minimum for your family size under the Federal Poverty Guidelines for the current year. If the numbers don’t add up, you’ll need a qualified joint sponsor or household member to bridge the gap—each with identical evidence.

Core Documents Every Sponsor Must Provide

These four items form the non-negotiable foundation of every Form I-864 (please note—you do NOT need to submit all these—you just need the information to complete the form!).

1. Tax Returns & W-2/1099s (Past Three Years)
   
   • Only one year must be filed with USCIS, but the I-864 form asks for three. Having all three on hand is critical for accuracy.
     
   • Self-employed sponsors should include IRS transcripts and relevant schedules to clarify business income.
     
2. Employment Confirmation Letter
   
   • On company letterhead, signed by HR or a supervisor.
     
   • Must list position, start date, and anticipated annual earnings (hourly rate + estimated overtime/bonuses).
     
   • USCIS will compare this figure against the federal poverty guideline for the household size.
     
3. Proof of Current Income (choose one)
   
   • Three recent pay stubs.
     
   • Three screenshots of direct-deposit entries.
     
   • For gig workers: invoices plus bank statements showing deposits.
     
4. Proof of Immigration Status (every sponsor and co-sponsor must be a citizen or permanent resident)
   
   • U.S. passport, birth certificate, naturalization certificate or green card (front & back).
     

When and How to Use Assets

If projected income falls short, liquid assets can fill the gap. Remember the 3-to-5-times rule:

Asset value ≥ 3×(shortfall) for U.S. petitioners
Asset value ≥ 5×(shortfall) when the intending immigrant is a spouse or child of a U.S. citizen processing abroad.

Acceptable assets

• Checking or high-yield savings balances.
  
• 401(k), IRA, brokerage, or stock portfolios.
  
• Real estate equity (independent valuation + mortgage payoff statement).
  
• Extra vehicles (title + KBB valuation) beyond one per licensed adult in the household.
  

Assets must be convertible to cash within 12 months.

Joint Sponsors & Household Members

Tip: Always attach a copy of the guideline chart (USCIS I-864P) marked/highlighted for the household size you calculated.

Building a Rock-Solid I-864 Packet

1. Download the latest I-864 & I-864A and type all answers—no handwriting.
   
2. Label every PDF: Smith_2023_TaxReturn.pdf, Doe_EmploymentLetter.pdf.
   
3. Separate sections with colored tabs (Income | Assets | Status).
   
4. Cross-check amounts: the salary on the employer letter must match year-to-date totals on pay stubs.
   
5. Double-review signatures and dates; missing sign-offs trigger instant RFEs.
   

FAQs About the I-864 Affidavit of Support

• How much income is enough?
  Check the USCIS chart at uscis.gov/i-864p and use the household size that includes the intending immigrant.
  
• Can a self-employed sponsor qualify?
  Yes. Submit IRS transcripts, Schedule C/K-1s, and a self-employment letter on company letterhead detailing projected earnings.
  
• Do unemployment benefits count as income?
  Generally no. USCIS focuses on earned or recurring income—wages, self-employment, pensions, or certain disability benefits.
  
• What if I haven’t filed taxes yet this year?
  Provide the most recent filed return. After the April deadline, a missing year will cause an RFE.
  
• Can I count the intending immigrant’s income in the household income?
  Maybe. The intending immigrant’s income may be counted if they have valid work authorization. 

You can see all the information in video:

Ready to Nail Your I-864 Affidavit of Support Approval?

A flawless I-864 packet accelerates case processing and prevents costly RFEs. If you’d like an attorney-reviewed checklist—or full representation—our team is just a click away.

Our immigration law firm in Austin has specialists who, regardless of your situation, can provide the guidance needed to help you legally fight for your right to remain in the United States. Contact us now

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