Affidavit of Support - income sources (short term disability vs wages)

[STDEV 0]

I-130 was approved recently. I am currently on medical leave (employed, but on leave; exhausted FMLA protected leave though). I am getting short-term disability payments and they have been approved for a few more months from now. Unclear whether or not yet I'll have a job to go back to but so far I am still an employee on leave.

 

Disability payments are well above threshold (as is my normal income at this employer). Previous tax return income going back many years is well above threshold.

 

Should I wait until returning to wage (job based) income before submitting the affidavit of support? Or are the short-term disability payments and the fact that I am still (for now) an employee on leave enough to proceed with the affidavit of support?

 

Alternately asked, would it be "safer" to wait until I'm back working full time, or would it not make a difference?

 

Thanks.

[Boiler 48,928]

Joint sponsor is the way to go

[JeanneAdil 7,514]

Agree with Boiler

If by any chance you have to go with long term disability (SSA) from social security,  it takes a long time for that to be approved and kicked it 

[pushbrk 14,488]

Safer to wait until you are back working, Since you don't know whether you will go back to this job, it is possible but risky to state your current income as the amount you are receiving in short term disability income.  Your choice.

 

In my opinion, advising a joint sponsor for responsible and financially capable adults, is just not something I would do unless it is really necessary and the person has easy access to somebody willing to sign that contract and take on the associated obligation.  Many of us, are proud of and attached to our adult independence.  It's much easier to type the words "joint sponsor" than obtaining and using one is.

[STDEV 0]

2 hours ago, pushbrk said:

Safer to wait until you are back working, Since you don't know whether you will go back to this job, it is possible but risky to state your current income as the amount you are receiving in short term disability income.  Your choice.

 

In my opinion, advising a joint sponsor for responsible and financially capable adults, is just not something I would do unless it is really necessary and the person has easy access to somebody willing to sign that contract and take on the associated obligation.  Many of us, are proud of and attached to our adult independence.  It's much easier to type the words "joint sponsor" than obtaining and using one is.

 

Thanks, I had a feeling this was the case about both, despite being lucky enough to have someone who's offered to joint sponsor. I have an upcoming call to discuss with an attorney...someone who previously stated a while ago that job wages without joint sponsor is strongly favorable to no job wages with joint sponsor. Makes sense that this pattern would be the same for a leave scenario despite disability insurance.

Edited March 11 by STDEV

[pushbrk 14,488]

4 minutes ago, STDEV said:

 

Thanks, I had a feeling this was the case about both, despite being lucky enough to have someone who's offered to joint sponsor. I have an upcoming call to discuss with an attorney...someone who previously stated a while ago that job wages without joint sponsor is strongly favorable to no job wages with joint sponsor.

And that is absolutely correct.  The affidavit of support is not just about qualifying. Primarily, it is a contract to repay the US Taxpayer for any public charge benefits the immigrant receives.

[STDEV 0]

On 3/10/2026 at 6:25 PM, pushbrk said:

And that is absolutely correct.  The affidavit of support is not just about qualifying. Primarily, it is a contract to repay the US Taxpayer for any public charge benefits the immigrant receives.

Thanks @pushbrk. I'm going to resume working for the same company I was on leave from very soon, with salary safely above the threshold. I've been employed there for two years including the leave of absence.

• Based on the instructions, it's OK to include a copy of my mailed 2025 1040 with W2s and 1099s instead of the transcript, right? I had to mail my return slightly late, so it won't be processed as quickly as e-filing. It may be a while before a transcript is available.
• For proof of current income, I'll have a few paystubs coming in over the next month or so, and ideally I'd like to file the affidavit of support as soon as possible. However since I'm coming back from  leave and haven't worked yet in tax year 2026, the paystubs will show year-to-date income totals that would reveal I hadn't had wages until recently resuming work. Is it necessary to mitigate this somehow? For example, should I write an explanation saying I recently returned to work from leave, and include both paystubs for upcoming wages as well as disability paystubs showing I was getting that benefit until I started working?
• On my company's HR site, I can save PDFs of pages showing the company name/organization that pays me, my name, the length of my tenure at the company, title and position, current compensation, etc. Is this OK instead requesting a letter with the same info from the HR department?
• Regarding assets, since I'm planning to meet the income requirement, I understand I "do not need to complete Part 7" for assets. Regardless, should I do this anyway if it would bolster the case?

Edited 6 hours ago by STDEV

[pushbrk 14,488]

13 minutes ago, STDEV said:

Thanks @pushbrk. I'm going to resume working for the same company I was on leave from very soon, with salary safely above the threshold. I've been employed there for two years including the leave of absence.

• Based on the instructions, it's OK to include a copy of my mailed 2025 1040 with W2s and 1099s instead of the transcript, right? I had to mail my return slightly late, so it won't be processed as quickly as e-filing. It may be a while before a transcript is available.
• For proof of current income, I'll have a few paystubs coming in over the next month or so, and ideally I'd like to file the affidavit of support as soon as possible. However since I'm coming back from  leave and haven't worked yet in tax year 2026, the paystubs will show year-to-date income totals that would reveal I hadn't had wages until recently resuming work. Is it necessary to mitigate this somehow? For example, should I write an explanation saying I recently returned to work from leave, and include both paystubs for upcoming wages as well as disability paystubs showing I was getting that benefit until I started working?
• On my company's HR site, I can save PDFs of pages showing the company name/organization that pays me, my name, the length of my tenure at the company, title and position, current compensation, etc. Is this OK instead requesting a letter with the same info from the HR department?
• Regarding assets, since I'm planning to meet the income requirement, I understand I "do not need to complete Part 7" for assets. Regardless, should I do this anyway if it would bolster the case?

Just file the affidavit as soon as you have a single pay stub for a full pay period after returning to work.  Yes, you can submit the complete federal tax return including all schedules and 1099/W2 forms etc. instead of a Tax Return Transcript.  Yes, just leave the asset section blank.