Affidavit of Support I-134

Frequently Asked Questions & Answers

26. What if a sponsor is receiving welfare benefits?

Current use of welfare benefits by a sponsor or one of the sponsor’s family members or dependents will be considered as a factor in making a determination of eligibility for sponsoring immigrants. However, receipt of certain non-cash types of benefits will not disqualify a sponsor.

27. Is only the sponsor's income included in the determination of whether he or she has sufficient income to be a sponsor?

Income of anyone related to the sponsor by birth, marriage, or adoption who has lived in the sponsor’s household for at least six months or who is listed on the sponsor’s income tax return for the most recent tax year as a dependent can include their income on the Affidavit of Support if they complete and sign a Form I-864A, Contract Between Sponsor and Household Member. This could include the sponsored immigrant’s income.

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28. What is the Contract between Sponsor and Household Member, Form I-864A?

The Contract between Sponsor and Household Member, Form I-864A, is a contract between the sponsor and anyone qualifying as a household member or dependent of the sponsor who agrees to make his or her income and/or assets available for the support of the immigrants being sponsored in the immigration Affidavit of Support. By signing this form, household members agree to be jointly responsible with the sponsor to reimburse the costs of any means-tested public benefits used by the sponsored immigrants.

29. If the sponsored immigrant qualifies as a household member or dependent, do they need to sign the I-864A?

A sponsored immigrant household member only needs to submit an INS Form I-864A, Affidavit of Support Contract between Sponsor and Household Member, if his or her income will be used to support his or her accompanying spouse and/or children. If there are no accompanying family members, the sponsored immigrant does not complete the I-864A. The sponsored immigrant does not need to complete an I-864A for his or her assets to be included on the Affidavit of Support.

30. What portions of Federal income tax returns should be submitted with the Affidavit of Support form?

The legal definition of a tax return includes the tax return as well as all supporting supplements, schedules, attachments, or lists which were filed with the return. Sponsors are required to submit all of these materials as they were submitted to IRS for themselves and any other persons whose income is used to qualify.