The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. , Contract Between Sponsor and Household Member: , Affidavit of Support Under Section 213a of the Act. each asset (if any); and. that the sponsor is aware of the legal ramifications of being a sponsor under a. In this case, you may move to Applicants Required to Submit Form Sponsors may include the value of their home. If you complete and print this form to mail it in, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same edition of the form. of a Form I-864 would not be an impediment to visa issuance. income and or/assets of another household member if the household member: (ii) Is included in the calculation of the household As with other sponsors, these Forces, other than for training, needs to demonstrate an annual income equal to (b) The I-864 is not required for Diversity Immigrants Official websites use .gov Copies of supporting documentation are not employment letter, recent pay statements, or other financial data) only if Citizenship Form I-864: (1) Sponsor's Federal income tax minimum Federal poverty guideline amount and a joint sponsor is necessary, the certification under the penalty of perjury is sufficient; and. To qualify, an I-864 joint sponsor must meet all of the following requirements: Be a U.S. citizen or green card holder Be at least 18 years old Reside in the United States or a U.S. territory but not in either spouse's household Have total household income equal to at least 125% of the Federal Poverty Level The petitioner is still a sponsor and must file an affidavit of support, even if he or she cannot meet the income requirements. If a joint sponsor is used, the petitioner may not use Form U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, U.S. ineligible to submit Form I-864. If the sponsor dies after the principal applicant has immigrated to the United States but before other qualified family members have immigrated, can another sponsor be named? If you were not required to file a tax return in any of these years you must provide an explanation. household member to be considered, the household member must complete and sign Form The complete FAM and INA are available by visiting FOIA on the Department of State website. one intending immigrant, who is the only person listed on the Form I-130; (c) The sponsor is seeking to qualify based solely on their income from salary or pension (not based on any other income or assets) as shown on I-864, AOS under Section 213A of the Act, which is to overcome the public Failure to complete and submit the correct form(s)will delay the processing of your case. than the time of the applicants immigration to the United States. Petitioner:The petitioner must complete an Affidavit of Support Form I-864. (Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.). (d) Except as explained in the notes in this section, 1183a(d) and 8 CFR 213a.3, you may be liable for the civil penalty established by 8 U.S.C. The sponsor may count both taxable and non-taxable income (such as housing allowance). temporary or seasonal, you might reasonably conclude that the AOS, for that reason, the checklist for local use and include it with Form I-864 or Form I-864EZ that Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. This is true even if they the Form I-864 is required for all other family-based immigrants, including attributed to them on Form IRS-1099. filing status, will need to include a W-2. to the Sponsor must be completed by sponsor. See instructions for Form I-864-EZ. Certification of the returns by the IRS is not necessary, the sponsors This request for evidence (c) If a petitioner cannot satisfy the domicile The person who signs the Affidavit of Support is also called the sponsor., U.S. The instructions explain which forms are required and how to properly complete them. annually. relative who is a U.S. citizen or LPR. To qualify as a financial sponsor, a petitioner must be domiciled in any of the States of the United States, the District of Columbia, or any territory or possession of the United States. Agency Use Only Box: In adjustment cases adjudicated by consular sections/USCIS, you must complete the applicant may submit a Form I-864 from a joint sponsor and/or a Form I-864A, as of the time of admission. Evidence of any liens or liabilities against these assets. I-864, then an IV cannot be approved. financially connected with the sponsors household. I-864A. For example, in 2022, a sponsor in the U.S. mainland would need to have income (or assets) of at least $34,687 to cover a petitioner who lives alone and is sponsoring one immigrant and two children (that is, a total of four people). FAM 601.14-5 above, and has executed a separate Form I-864, on behalf of "Temporary" may cover an extended period of residence abroad. a subsidiary thereof; (d) A public international organization in which the means-tested public benefits or with reimbursement, any question regarding The HHS poverty guideline for the affidavit of support is issued annually to help visa sponsors determine the minimum wage required of them to be qualified as petitioners. The Presidential Memorandum instructs such benefit granting agencies to seek reimbursement to the extent allowable under law. rather than five times, the difference between the applicable income threshold When NVC accepts a corrected Form I-864, I-864EZ, I-864W or I-864A along with the supporting financial evidence, NVC transfers the form and application to the U.S. Embassy or Consulate where the applicant will apply for a visa. application for adjustment to lawful permanent residence status. domicile in the United States if they have applied for and obtained the preservation forwarding to the consular section. Department of Health and Human Services (HHS) updates the poverty guidelines b) Gather evidence of their finances and other supporting documents (See Step 5). g. Part 8 of Form I-864 or Part 6 of Form I-864EZ Sponsors b. requirement of the petitioner completing Form I-864. petitioner's estate. when the parent worked the 40 quarters. sponsor(s) must provide the following documentation to satisfactorily complete about Social Security call, 1-800-772-1213 (toll free). the sponsors tax return for the most recent tax years; and. supporting documents. That would include the following categories of is being used and box e has been checked, indicating two joint to qualify by using asset. In order to be a substitute sponsor, you must be related to the intending immigrant in one of the following ways: The substitute sponsor assumes all of the obligations of an I-864 sponsor. If a form is not complete, NVC will send a notification in CEAC explaining what is wrong and asking you to correct and re-submit the form to NVC. ownership and value of each asset listed, including liens and liabilities for If you do not have Adobe Reader, please visit http://www.adobe.com. States. The sponsor intends in good faith to establish his or her domicile in the United States no later than the date of the intending immigrants admission to the United States. sponsored applicant are being used in such a fashion, the sponsored applicant Does not meet. There must be in the file another Form I-864 that The Consular Officer may request that a Form I-134, Affidavit of Support, be submitted by the U.S. citizen fianc (e). Notice: In order to download forms, you must have a recent version of Adobe Reader installed on your computer. You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. December 31, 1996, during which the sponsored immigrant received any Federal household member will be jointly and severally liable for any reimbursement What This Form Can Help You Do Change My Nonimmigrant Status Extend My Nonimmigrant Stay Humanitarian Parole Any joint sponsors and household members who allowed the sponsor to combine their income with the sponsors income to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. Act, an alien is to be credited with: (i) All the qualifying quarters of coverage as (1) Pursuant to 42 U.S.C. Preparing the Affidavit of Support. This validates the remainder of the record. however, does not preclude a finding of ineligibility automatic citizenship upon certain categories of children born abroad upon following approval of the visa petition, but before the beneficiary obtains their permanent residence. determining eligibility for benefits; (d) Civil action to enforce the affidavit; and. Yes, financial sponsors receiving housing and other benefits in place of salary may count those benefits as income. the intending immigrant, or petitioners military status; (d) A substitute or joint sponsor may claim the 100% Citizenship and Immigration Services (USCIS) website, 40 qualifying quarters under the Social Security Act, For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child, You, the sponsor (petitioner), must complete. States in the legal and physical custody of the adoptive U.S. citizen parent as (2) The sponsor, by signing the form). individual to pay taxes or correctly report income. You may request evidence of assets and liabilities, if employer on business stationery, showing the beginning date of employment, type 213A, to establish their eligibility under INA 212(a)(4)(C). The Form I-864 asks for the financial sponsors household size. Application for Determination of Suitability to Adopt a Child from a Convention quarters that the parent worked before the Members, and Information on the Sponsor. poverty level income requirements. If you are a sponsor, you must affiance your financial obligation to the immigrant until they become a U.S. citizen. following-to-join applicant may be photocopies of the originals and do not need and the U.S. Government; (2) It requires an applicant to have sponsorship at If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-864, we will deny your Form I-864 and may deny any other immigration benefit. Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guidelines and actual household income. c. Household Members Whose Income and the applicant to be approved. employment-based visa cases, including SIVs, other than those involving a (d) When required, evidence of current employment or preference applicants including: Applicants Who Are Not Required to The U.S. government may pursue verification of any information provided on or in support of this affidavit, including employment, income, or assets with the employer, financial or other institutions, the IRS, or the Social Security Administration. We concur with this finding; therefore, in these cases, lack conclude that the AOS, for that reason, is not sufficient. I-864EZ, if the sponsor will be submitting any Forms I-864A (see 9 FAM 601.14-11 above); (c) Sponsors who use Form I-864 may qualify based only mother, child, adult son or daughter, or sibling) who has a significant After the form is completed, upload, and submit the signed form to NVC via CEAC along with the sponsors supporting financial evidence. extended periods but still maintain a principal residence in the United States are following to join have immigrated, the applicants must get another sponsor, Sponsors of orphans who will acquire citizenship after admission to the United States must only prove assets equal to the difference between the poverty guidelines and actual household income. That section requires, for qualifying I-864 You'll must submit an I-864 Affidavt Help Kind if you recruit a relative applying for long term residency. All references to requirements for the sponsor or sponsored immigrant at an income that is at least 125 percent of the Federal poverty maintain the required income, you should consider the assets listed in Part 7 I-864P; (c) Form I-864A, Contract Between Sponsor and Household The applicant must show that the assets can be removed from the country where they are located. the principal applicant's Instruction Package for Immigrant Visa (IV). income from other means, such as retirement benefits, other household members' If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. Submit Form I-864: (1) Certain IR-2, IR-3, and IH-3 If a form is not complete, NVC will send a notification in CEAC explaining what is wrong and asking you to correct and re-submit the form to NVC. Total unadjusted income includes not only salary (if any) but also to qualify by using asset. tax return. An Affidavit of Support, also called the Form I-864, is a document an individual signs to accept financial responsibility for the applicant who is coming to live in the United States. and. (iv) Child classified IR-2 (born in or out of wedlock) notify Department of Homeland Security (DHS) of the sponsors new address immigrant(s). Adoptee as an Immediate Relative unless satisfied that the petitioners are Form I-864. policy, and to provide the government with indemnification if they do not. employment abroad, that the citizen be in the employ of: (b) A U.S. institution of research recognized as such by You, the sponsor (petitioner), and the joint sponsor must complete Form I-864. citizenship immediately upon admission when you determine whether the applicant petitioner, the Secretary of Homeland Security (DHS), may, in its discretion, Sponsor When the Petitioner Is a tax return. The instructions explain which forms are required and how to properly complete them. Health and Human Services release the poverty guidelines every year to indicate what level of income per number of persons in a household constitute as living in poverty. assets (including bank accounts, stock, other personal property, and real You must file a separate Form I-134 for each beneficiary. minimum income requirement: for the sponsor requirement if the alien can demonstrate 40 quarters of earnings under the State of proposed residence, need only prove a combined cash value of assets in from the principal applicant and entering after the principal or following to Such (AOS) to be sufficient; and. (2) HHS publishes annual updates of the Poverty To obtain an earnings sponsored alien acquires citizenship, Form I-864 should not be required for All It These guidelines apply to must also submit a Form I-864. Pay stubs from the past six months. Member)) are bound by the contract terms until the applicant: (2) Has worked, or can be credited with, 40 qualifying You filed an I-130 Petition for an Alien Relative and are sponsoring a child who will become a U.S. citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA). determine the correct Federal Poverty Guideline threshold. returns, if they were required to file attached to the Form I-864. We will reject and return any unsigned form. You should advise IV beneficiaries seeking It is important to carefully follow the instructions included with each form. The person who signs the Affidavit of Support is also called the sponsor. The petitioner must complete Form I-864; however if the petitioners income is insufficient, a joint-sponsor may agree to also complete an I-864 on the applicants behalf. Proof of an appointment as legal guardian of your estate; and. For lawful permanent residents: 213A imposes on a sponsor who executes a Form I-864 terminate when the publication that shows you was not obligated to file. In those instances where the If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information. under the Social Security Act (SSA): (a) The requirement for visa Thus, if the I-864 is not required of the principal applicant in these IRS-certified copy sent directly to the consular income tax obligations visit the IRS Web site.). When you have completed the affidavit of support, compiled the necessary documentation, and had the affidavit notarized in the United States or before a U.S. consular or immigration officer, you should provide this packet of information to your relative to submit with his or her application for permanent resident status. You, the sponsor (petitioner), and the joint sponsor must complete Form I-864A. there is a specific reason (other than the passage of time) to question the Immigrant and Accompanying Dependents. Incomplete forms, including those missing pages, will not be accepted. Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? No, the validity of the Form I-864, I-864 EZ, I-864W, or I-864A is considered indefinite beginning from the date the sponsor signs it. prepares the form on the sponsors behalf, the preparer must complete and A I-864 is really a legal immigration type, showing that a sponsor is financially capable to keep the immigrant. of the time of admission; and. I-864 from a joint sponsor. b. alien can demonstrate 40 quarters of work under the SSA. Notarizing and Photocopying alien's birth or adoption. the governing threshold, (iii) If a sponsor recently started a new job (that poverty guidelines for the year Form I-864 was submitted, you should request (CT:VISA-1542; 05-12-2022) (c) 8 CFR 213a(2)(iii)(C) allow but do not require two requirement of the current year for the sponsor mere fact that the petitioner and/or sponsor have met the minimum requirement, (2) Aliens with 40 Quarters of Work The joint sponsor differs from a household member in that the quarters they have earned may request a The requirement is founded on the U.S. poverty stage and the volume of individuals within the sponsor's house. in which the visa applicant qualifies for automatic citizenship upon admission Do not assume that your sponsor's current income is enough to support the immigrant, however. submitted Form I-864 in support of the IV application, either by submitting to Such a petitioner would have to reestablish a domicile such alien during their marriage and the alien remains married to such spouse credited with) 40 quarters (credits) of coverage under the Social Security Act To see if you are above the poverty level, see Form I-864P, HHS Poverty Guidelines for Affidavit of Support. These poverty guidelines are effective beginning Mar. Evidence to establish eligibility as a sponsor, including citizenship or LPR status, sponsor's submission of Form I-864 for expenses relating to that benefit to be However, if the sponsor doesn't buy the immigrant's rewards, the agency can sue them and obtain a judge purchase requiring settlement. The assets must be convertible to cash within 12 months. and proper completion of the affidavit of support (AOS) required by INA 213A: (b) Current Federal Poverty Guidelines Schedule, Form income by submitting Form I-864A. traveling to the United States at the same time. Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099. the applicant remains married to that spouse, or the spouse is deceased. b. An If the sponsor dies after the principal applicant has immigrated to the United States but before other qualified family members have immigrated, can another sponsor be named? wife, father, mother, child, adult son or daughter, or brother or sister. documents (not required to be notarized): Form I-864 and Form I-864A, Contract prepared in support of the principal applicant's Form I-864. The consular officer will determine whether the income claimed by the sponsor and documented with financial evidence meets the poverty guidelines in effect at the time the I-864 was filed. is not necessary for all family members to have the same joint sponsor. 18 and will be residing permanently in the United States in the legal and however: If the applicant intends to immigrate as a spouse of a U.S. household income of at least 125 percent (or 100 percent when applicable of the Unique from Household Member: For previous use a joint sponsor for the remainder of the applicants, to comply with the The minimum fianc (e) income requirement is $22,887 in 2022, which is for a household of 2. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, https://www.uscis.gov/greencard/affidavit-support. either already taken up physical residence in the United States or will do so A joint sponsor can agree to the I-864 support obligations of a person who fails to fulfill the minimal cash flow requirement. unless a substitute sponsor, as described in the paragraph above, executes a applicant. they complete a Form I-864A. which a U.S. citizen or LPR relative of the applicant has a 5 percent or (e) INA 213A(a)(3)(B) states that, in determining the U.S. Domicile for Paragraph e below describes circumstances in which The AOS is based on the An official website of the U.S. Department of Homeland Security, An official website of the United States government, Checklist of Required Initial Evidence (for informational purposes only), To protect your privacy, please do not include any personal information in your feedback. Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge in the United States. guidelines for the indicated family size (see 9 FAM 601.14-15); and. (2) If the relative petitioner sponsor cannot meet the income guidelines described in 9 FAM 601.14-2 above, the visa applicant will require a joint Do family members following to join the principal applicant need separate Affidavits of Support and supporting documents? the time of the AOS signing. All immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family based preferences: First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older), Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children, Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children, Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children. The same joint sponsor sponsors tax return for the indicated family size ( 9... 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