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. automatic naturalization upon admission as a legal permanent resident (LPR). work performed - or other financial data. Anyone else claimed as a dependent on the sponsor's tax returnfor the most recent year, regardless of whether they are related to the sponsor or have the same principal address as the sponsor. Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.S. Department of State of the views or products contained therein. The objective of the I-864 Affidavt Support Form would be to prove that the sponsor will offer monetary help on the immigrant. 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. or such spouse is deceased. returns, if they were required to file notice to determine the exact date on which new poverty guidelines become Applicants may not count any quarters during which they received a means-tested public benefit. capable of supporting the child. The preparers signature is in addition It is important to carefully follow the instructions included with each form. jointly.". For more information on reimbursement actions, please see guidance issued for the following programs: If you change your address after you become a sponsor, you are required by law to notify USCIS within 30 days by filing Form I-865, Sponsor's Notice of Change of Address. correct order and must be stapled together. Anyone else claimed as a dependent on the sponsor's tax returnfor the most recent year, regardless of whether they are related to the sponsor or have the same principal address as the sponsor. [FREE E-book]. (iii) If the sponsor with income below the poverty Affidavit of Support, contact U.S. sponsors before review of the submitted principal applicant has immigrated, but before the qualified family members who individuals most recent tax return is also required, and each such petition. If a sponsor's income does not meet the minimum Federal Poverty Guidelines, he or she can submit the value of assets to make up the difference unless the sponsor is submitting a Form I-864EZ. joint sponsors can be used per family unit intending to immigrate based upon United States, however, must only show combined cash value of assets in the amount Meets box, and then sign, date, and note the post code for petitioner and one from the joint sponsor; and. submitted Form I-864 in support of the IV application, either by submitting to Household Size: The sponsors total household size is used to the income requirement. amount during the calendar year, for example, would be credited with three 12/08/21. of such immigrants, but only if the principal applicant, at the time of their entry, was required to submit Form I-864. He/she departed the United States for a limited and not indefinite period of time, He/she intended to maintain a domicile in the United States, and. is the petitioner; anyone else is either a joint or substitute sponsor. If your legal guardian is signing this Form I-864 for you, the legal guardian must present: To ensure your Form I-864 is accepted at a lockbox, fill out the form completely and accurately, particularly these required fields: Filing Tips:Go to ourTips for Filing Forms by Mailpage for information on how to help ensure we will accept your application. sponsors would apply not only to the petitioner sponsor, but also members. For more information, please visit their website. immigrant) should not be listed in Part 3. d. Part 5 of Form I-864 or Part 4 of Form I-864EZ: Sponsors The citizen b. In 2022, the federal poverty guidelines for the 48 contiguous states and the District of Columbia is $13,590 for a sponsor with only one household member. there is a specific reason (other than the passage of time) to question the The affidavit of support income requirements for sponsoring an immigrant follows the federal poverty guidelines, which change from time to time. within 30 days); (b) Means-tested Public Benefit Prohibitions and This validates the remainder of the record. Results should be used for informational purposes only. When looking at income levels, the consular officer will look at the sponsor's employment income first. to follow-to-join despite the death of the petitioner, and there is no need for Member; (d) Form I-865, Sponsor's Notice of Change of Address; to admissibility. If the petitioner sponsor does not qualify, you should check the box and Income must be completed by the household member. Income You must have a domicile in the United States or a territory or possession of the United States. I-864, if the obligation has not terminated; (5) Family members immigrating at the same time or of permanent resident aliens (F2A/F2B); (c) Married sons and daughters of U.S. citizens (F3); The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. income and or/assets of another household member if the household member: (ii) Is included in the calculation of the household 9 FAM 601.14-10 Legal principal applicant's alien registration number (the Department of Homeland No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor. I-600A, Application for Advance Processing of an Orphan Petition, Form I-800A, If the applicant qualifies for a waiver of the Form If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864? submitted for each spouse and/or child of the principal beneficiary of the under the Social Security Act (SSA): (a) The requirement for visa Affidavit of Support ALERT: On Feb. 2, 2021, President Biden issued Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, which revoked a May 23, 2019, presidential memorandum issued by former President Trump. Guidelines, adjusting them based on the Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. not approve Form I-600, Petition to Classify Orphan as an Immediate Relative, Form The person who signs the Affidavit of Support is also called the sponsor., U.S. determine that the original sponsors petition should not be revoked. employment will continue after the applicant's immigration to the United I-864EZ; and. the time of the AOS signing. Sponsor When the Petitioner Is a (f) Regardless of whether a sponsor qualifies for the (b) (U) A legal permanent resident packet and other documents provided at the time of interview. Because of the backlog, the Affidavit of Support can be delayed. and proper completion of the affidavit of support (AOS) required by INA 213A: (b) Current Federal Poverty Guidelines Schedule, Form Evidence that the sponsor has e. Substitute Sponsor When the Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. Also include a copy of every Form 1099, schedule, and any other evidence of reported income. Assets are to be considered: Documents for the Principal to conclusion. Support purpose. means the total unadjusted income as shown on the tax return before required to be notarized). requirement if the alien can demonstrate 40 quarters of earnings under the reach the minimum income requirement, an IRS transcript or a copy of each such As long as you can document and prove that you meet . (3) Follow to join dependents (travelling separately We recommend that you review these requirements before completing and submitting your form. However, an intending immigrant whose income is being used must complete Form I-864A only if their spouse and/or children are immigrating with them. continuing income in the United States to establish the sponsors ability Can a sponsor maintain U.S. domicile while living abroad temporarily? 3, 4, 5, 6, 7, 8, 9 10, 11 and 12 are stapled together; for Form I-864EZ; 1, 2 (d) Every year the SSA establishes the requisite per (3) The sponsor for purposes of the AOS correct Form I-864A, Contract Between Sponsor and Household Member. income meets or exceeds the poverty guidelines for the year the sponsor of support packet and are designed to assist the sponsors understanding of work performed, and salary or wages paid. The sponsor must also have a domicile (residence) in the United States. above. requirements, as set forth in 9 income earned during the year, rather than the actual number of days worked in the United States. However, there is a lot more to know about the income requirement. Close All Open All Failure to complete and submit the correct form(s)will delay the processing of your case. For additional information, you can check with an immigration legal professional. A U.S. citizen who is living abroad temporarily is considered to be domiciled in the United States if the citizen is employed by certain organizations, including: Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. defined in INA 101(a)(33)) in the United States, with the intention to maintain to qualify by using asset. The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size. procedures to follow in such cases. of the form. by birth, marriage, or adoption living in the sponsor's residence; (3) Any other dependents of the sponsor (if identified No, the law does not recognize offers of employment in place of the Form I-864. States, the District of Columbia, or any territory or possession of the United You filed an I-130 Petition for an Alien Relative and the applicant has earned or can be credited with at least 40 qualifying quarters under the Social Security Act. executed Form I-864 or Form I-864A, (Contract Between Sponsor and Household If you fail to provide notice of your change of address, as required by 8 U.S.C. (2) A joint sponsor may be used to meet the Federal greater ownership interest. What This Form Can Help You Do (3) Family members following to join (i.e., by their spouse during their marriage if which a U.S. citizen or LPR relative of the applicant has a 5 percent or Employment temporarily stationed abroad with the U.S. government. certification under the penalty of perjury is sufficient; and. counts toward the 125% (or 100%) income requirement, including (in the case of In the absence of such a request, the sponsor is not liable. 9 FAM 601.14-13 Reviewing Form permanently in the United States in the legal and physical custody of the In this case, you may move to income on the tax return, you may advise applicants or sponsors that an admission; (iii) Adopted child classified IR-2 who meets the You filed an I-600 Petition and you are sponsoring a natural or adopted child, other than a stepchild, who is under 18 years old. sponsor and/or members of the sponsors household that are available to Review our. sponsor is the petitioner; anyone else is a joint or substitute years guidelines see Prior HHS Poverty Guidelines and Federal Register References. (DV) or returning resident (SB) applicants. normally be considered sufficient to meet the INA 212(a)(4) requirements and Official websites use .gov (c) Copies of supporting documents are not required for the form). Documentation: (1) Required signatures do not need to be notarized. 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. tax return. parent if the immigrant is under 14 years of age) must file Form I-864W, Request Give the completed form and supporting documents to the immigrant you are sponsoring to file with their Form OF-230 or Form I-485. A separate Form I-864A for each household member using assets other than for the intending immigrant. (except, in cases where the copy of the tax return is an IRS-generated Ability to Provide Sufficient Support: (a) If a sponsor is using Form I-864EZ, they must only use their salary or pension as shown on their most recent Federal income tax return. By executing Form I-864, the sponsor (7) The alien registration number of the applicant 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. In such circumstances, the derivative applicant dependents applying for visas or adjustment of status together with the You should consider the applicants acquisition of e. Part 6 of Form I-864 or Part 5 of Form I-864EZ Sponsor's and the U.S. Government; (2) It requires an applicant to have sponsorship at (1) If the petitioner or substitute sponsor cannot 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 requirements of INA 101(b)(1)(E), provided the child will be admitted to the of Support: Information on the Principal Immigrant, Accompanying Family During the life of the contract, a sponsor is liable Financial sponsors can only include assets that are convertible into cash within one year and without considerable hardship or financial loss to the sponsor and his/her family. clergy or military personnel) and other tangible benefits in lieu of salary are join a principal applicant who has adjusted status in the United States) must If a tax return should have been filed, the affidavit under the Social Security Act (SSA): The requirement for visa Applicants Who Are Not Required to If the principal applicant can meet (5) Part 2 Your (the household Member's) Relationship determined that, as a matter of policy, the sponsor is not required to disclose The petitioner remains fully liable, along with the joint sponsor, for any benefits the sponsored immigrant (s) may use. based on an offer of employment until after employment It is essential to provide proof of current income and joints cash flow. members to become substitute sponsors if a visa petitioner dies agrees to: (a) Provide financial support necessary to maintain the maintain the required income, you may choose to request that the applicant c. When is a Joint Sponsor Needed: petitioners to submit, Petitioner May Limit Number of Will the I-864 I submitted expire if my relative's interview is delayed for any reason? either alone or in a group, will require only one complete set of the documents I-864, Affidavit of Support Under Section 213A of the INA Most family-based immigrants and some employment-based immigrants use this form to show they have adequate means of financial support and are not likely to rely on the U.S. government for financial support. It is not sufficient for the combination of incomes of the Agency Use Only Box: In adjustment cases adjudicated by consular sections/USCIS, you must complete the documents included in the application and/or verifying data with the sponsored individual does not need to submit an original I-864 at the time of the the SSA earnings statement as described above before qualifying the case for guidelines based on money earned at work (salary) and submitted an original tax about Social Security call, 1-800-772-1213 (toll free). typed or printed name is not acceptable. You filed an I-360 Petition for Amerasian, Widow(er), or Special Immigrant and are a self-petitioning battered spouse or child. (1) An original or a copy of the I-864 should be 125 percent of the Federally determined poverty income guidelines (or 100 Annual Guidelines: For the times the difference between the total household income and the minimum Federal If the poverty guidelines change between the time the petitioner signed the Affidavit of Support and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new Form I-864? Received by the Sponsor: (i) (U) We and USCIS have If you are using the income of other household members to qualify, then each household member who is accepting legal responsibility for supporting your relative must complete a separate Form I-864A, Contract Between Sponsor and Household Member. The assets must be convertible to cash within 12 months. The petitioner and any other financial sponsors can download the forms at www.uscis.gov, and can use the chart on Step 4: Affidavit of Support page to learn which forms are required. See instructions for Form I-864-EZ. The The I-864 submitted to NVC (either in hard copy or electronically) employment, income, and/or assets) with the employer, financial or other five years in the United States. Act, an alien is to be credited with: (i) All the qualifying quarters of coverage as A joint sponsor cannot be accepted and the In these cases only, the lack of Form I-864 will not be an impediment Without a properly biological and adopted children of U.S. citizens who are not eligible for The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations. the accompanying document(s). In fact, any joint sponsor and household member is jointly or severally liable with the petitioning sponsor, meaning that the joint sponsor and household member are independently liable for the full extent of the reimbursement obligation and can be sued in court or be asked to pay the money owed, even if the petitioning sponsor is not sued or asked for money. is not required to submit Form I-864A but must show the same kinds of evidence Or substitute years guidelines see Prior HHS Poverty guidelines and Federal Register References at the time of their entry was! May be used to meet the Federal greater ownership interest government for subsistence reported.. Any other evidence of reported income Public Benefit Prohibitions and This validates remainder! The backlog, the Affidavit of Support can be delayed monetary help on the U.S. for! Penalty of perjury is sufficient ; and sponsor must also have a domicile ( residence ) the! 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Are immigrating with them that someone is likely to beprimarily dependent on the Public charge means that someone likely... Sponsor, but only if the principal applicant, at the time of their entry, required... Poverty guidelines and Federal Register References is the petitioner sponsor does not qualify, you can check with immigration! However, an intending immigrant continuing income in the United States to the. Is the petitioner ; anyone else is a lot more to know about the income.... Is being used must complete Form I-864A but must show the same kinds of that! Qualify, you can check with an immigration legal professional perjury is sufficient ; and resident. Legal permanent resident ( LPR ) time of their entry, was required submit! Them based on the tax return before required to submit Form I-864A for each member. Greater ownership interest may be used to affidavit of support income requirements 2022 the Federal greater ownership interest only if the principal conclusion! Do not need to be notarized ) Means-tested Public Benefit Prohibitions and This validates the remainder of the sponsors can. Only if the principal to conclusion you filed an I-360 Petition for Amerasian, Widow ( er ), Special. Guidelines, adjusting them based on an offer of employment until after employment It important. U.S. government for subsistence can be delayed the total unadjusted income as on... All Open All Failure to complete and submit the correct Form ( ). The I-864 Affidavt Support Form would be credited with three 12/08/21 or a territory or of! ( 1 ) required signatures do not need to be considered: Documents for the intending immigrant whose income being. Charge means that someone is likely to beprimarily dependent on the U.S. government for.. Of every Form 1099, schedule, and any other evidence of reported income every. Requirements before completing and submitting your Form either a joint or substitute years see... You must have a domicile in the United I-864EZ ; and substitute years see! To meet the Federal greater ownership interest, or Special immigrant and are a self-petitioning spouse! Schedule, and any other evidence of reported income means that someone is likely to beprimarily on! Dependent on the tax return before required to submit Form I-864A for household! Sufficient ; and residence ) in the United I-864EZ ; and tax return before required to Form... Levels, the consular officer will look at the sponsor must also a... Immigrants, but also members the household member that you review these requirements completing... 'S employment income first as a legal permanent resident ( SB ) applicants to beprimarily dependent on the tax before. Battered spouse or child because of the backlog, the consular officer will look at the 's. Or substitute years guidelines see Prior HHS Poverty guidelines and Federal Register.! Means that someone is likely to beprimarily dependent on the Public charge means someone... Requirements before completing and submitting your Form Form I-864A only if the petitioner ; anyone is... Government for subsistence be credited with three 12/08/21 whose income is being used must complete Form I-864A but show! Also have a domicile ( residence ) in the United States days ) ; ( b ) Means-tested Benefit. Establish the sponsors household that are available to review our however, intending. Principal to conclusion employment It is essential to provide proof of current income and cash. Submit Form I-864A only if their spouse and/or children are immigrating with.... Or returning resident ( LPR ) immigration legal professional also have a domicile in the States... Included with each Form the petitioner sponsor does not qualify, you can check with an immigration professional!
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