The I-864 Affidavit of Support is a required document for most Adjustment of Status Filings, especially family-based filings such as a filing for an Immigrant Spouse, Child, or Parent. The I-864 assesses the Financial Capabilities of the Petitioner, and determines Sponsorship Eligibility.
Now, if you are receiving the RFE or Request for Evidence for the I-864 (The USCIS Notice states the I-485 needs the I-864), one of four possibilities probably occurred:
The I-864P provides the Federal Poverty Level Guidelines. The Petitioner has to overcome both of the following to avoid receiving an RFE:
Many times someone meets the annual income, but their AGI is below the I-864P. Again, both figures must be above the I-864P.
You can make $1,000,000 a year, but if you have an AGI of $5000, USCIS would question your financial ability to sponsor an immigrant family member.
You have two options.
First, you can attach assets to the I-864. More information can be found here: I-864 Asset Calculations
Second, you can show USCIS the annual income overcomes the I-864P, and that the next tax years AGI will overcome the I-864P. How to do this? You can provide:
A Co-sponsor would be required if assets cannot help you overcome the I-864P.
More information on Joint Sponsors found here:
Our office recommends providing both, the 1040 and IRS Tax return Transcript. Guidance can be found here:
Our office has more information here:
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