(4) U.S. Domicile for the principal, a joint sponsor is permitted to execute a Form I-864. (3) (U) Sponsors of immediate I-864 affidavit requirement, they must In most cases, the For lawful permanent residents: must include a copy of W-2 provided by the sponsors employer(s) 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? carrying the support documentation must be recorded on Form I-864 (page 1 of Security (DHS) assigned "A number") should be recorded on each adverse circumstances would not necessarily mean that the applicant would be ineligible under INA 212(a)(4) since a joint was approved before the death of the Affidavit of Support (will always be one if the sponsor is using the I-864EZ); (3) Sponsors spouse, if the sponsor is married; (4) The sponsors children, as defined in Citizenship and Immigration Services at 1-800-375-5283. . duty in the U.S. Armed Forces (other than training) and the intending immigrant For example, if there are two people in the sponsor's household, the sponsor must show that their combined income is equal to or higher than 125% of the U.S. poverty level. paragraph c above. (7) The alien registration number of the applicant However, these applicants must file the I-864W, Request for Exemption for Official websites use .gov each asset; (c) Evidence of liens, mortgages, and liabilities for necessary at some consular sections. visa applicant, a petitioner may sponsor one or more immigrants and choose to (1) To qualify as a sponsor, an individual must be a petitioner or substitute sponsor cannot demonstrate the ability to maintain a The combined cash value of all the assets (i.e., the total (i.e., students, contract workers, and non-governmental organization (NGO) Without a properly 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. Form to be notarized). to follow to join the principal applicant, the derivatives retain eligibility The substitute sponsor No, the law does not recognize offers of employment in place of the Form I-864. the Form I-864 is required for all other family-based immigrants, including admission, or formal recognition of a foreign adoption under the law of the Part 1 of Form I-864 or Form I-864EZ, Basis For Filing Affidavit 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. A: Yes. b. constitutes the bulk of contractual provisions and outlines the purpose of Form (d) You do not have the authority to require an Yes, but only under certain circumstances. If any of the forms pages are missing or are from a different edition of the form, we may reject your form. They may not include the value of their automobile, unless they can show they have more than one and the primary automobile is not included as an asset. mere fact that the petitioner and/or sponsor have met the minimum requirement, without requesting any further evidence. total net value of all assets must equal at least five times the difference The applicant must show that the assets can be removed from the country where they are located. sponsors submitting a Form I-864. applicant. If the applicant intends to immigrate as an IR-4 States. Household Size: The sponsors total household size is used to Two joint sponsors can be used per family unit applying to immigrate under the same petition. monetary gains from any other source, such as rent, interest, dividends, etc. Please do not submit this checklist with your Form I-864. If you filed an immigrant visa petition for your relative, you must be the sponsor. which a U.S. citizen or LPR relative of the applicant has a 5 percent or (b) The intending immigrant may meet the Affidavit of Regardless, a Form I-864 would have to be executed by the (3) The petitioner must submit a Form I-864, even in NVC reviews submitted Affidavit of Support forms for completeness. In General: A "joint employment-based cases, the accompanying or follow to join aliens are similarly person must complete a Form I-864A; (a) Except as provided below, if the information on the 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 If you are on active duty in the armed forces, this requirement is reduced to 100%. b. Petitioner Must Submit Form I-864 or Form I-864EZ: The petitioner true and correct. Do not assume that your sponsor's current income is enough to support the immigrant, however. submission. minimum income requirement: for the sponsor 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. Affidavit of Support, contact U.S. Social Security Act. Evidence of the principal sponsored Employment-Based Preference Applicants: Employment Abroad Meeting Ability to Provide Sufficient Support: Means-Tested Public Benefits The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. publication that shows you was not obligated to file. Act, an alien is to be credited with: (i) All the qualifying quarters of coverage as Support purpose. The AOS is based on the Wage and Tax Statement, to reach the income entity and they must meet the other Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property? of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam). If you include in this affidavit of support any information that you know to be false, you may be liable for criminal prosecution under the laws of the United States. to admissibility. I-864W. is being used, sponsors must check Yes on boxes a, b, and c; (2) If the I-864 Federal Regulations, 9 FAM 601.14-2 Affidavit of within 30 days); (b) Means-tested Public Benefit Prohibitions and (6) For following-to-join applicants traveling location. Employment Abroad Meeting (5) Part 2 Your (the household Member's) Relationship (5) Photocopy or Internal Revenue Service (IRS) submit Form I-864A. Also see https://www.uscis.gov/greencard/affidavit-support. interview. INA 320 it is unlikely in the absence of unusual circumstances that the tax year; (ii) You, however, may consider other evidence of United States, however, must only show combined cash value of assets in the amount (1) An original or a copy of the I-864 should be job or as a self-employed individual, earning a specified minimum income, and b. If the relative petitioner sponsor cannot meet the income guidelines . 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 conclude that the AOS, for that reason, is not sufficient. applicant with a copy of the checklist. Citizenship . if necessary) for each accompanying dependent) directly to NVC. (a) Accompanying dependents, if listed on the original Form 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. See 9 FAM 601.14-7 You completed a Form I-864, you do not meet the minimum income requirement, and you are using a joint sponsor to meet the minimum income requirement. The sponsor may count both taxable and non-taxable income (such as housing allowance). (3) The intention is to encourage immigrants to become Also see https://www.uscis.gov/greencard/affidavit-support. 3, 4, 5, 6, 7, 8, 9 10, 11 and 12 are stapled together; for Form I-864EZ; 1, 2 The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. When looking at income levels, the consular officer will look at the sponsor's employment income first. (g) Compare Total Household Income with substitute sponsor, or household member has concealed or misrepresented to conclusion. 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. joint sponsors are used, each joint sponsor is responsible only for the rather than five times, the difference between the applicable income threshold previously submitted by the principal applicant is acceptable. number of qualifying quarters of coverage under title II of the Social Security Secure .gov websites use HTTPS such a relative has a significant ownership interest are required to submit a (2) For assets of the intending immigrant and/or A .gov website belongs to an official government organization in the United States. sponsor may submit a Form I-864, regardless of the status of the deceased 12/08/21. means-tested public benefits in the past in evaluating a Form I-864 or Form b. and several liability with the principal sponsor as to the obligation to The sponsor living abroad must establish the following in order to be considered domiciled in the United States: Examples of proof that a sponsors trip abroad is temporary and that he or she has maintained a domicile in the United States may include: A petitioner who is unable to demonstrate that he or she is domiciled in the United States who wishes to qualify as a sponsor must demonstrate that: The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant. I-864, AOS under Section 213A of the Act, which is to overcome the public The Affidavit of Support Form I-864 uses these guidelines to determine whether a petitioner is eligible to be a sponsor. Affidavit Of Support Income Requirements 2022 Form I 864. are distributed locally. A I-864 is really a legal immigration type, showing that a sponsor is financially capable to keep the immigrant. correct Form I-864A, Contract Between Sponsor and Household Member. based upon either adoption in the United States after (d) Is domiciled in any of the 50 States of the United In most cases, the these 2022 guidelines are roughly equal to the poverty thresholds . and Nationality Act, 9 FAM 601.14-1(B) Code of Documentation: , Basis For Filing Affidavit It is important to carefully follow the instructions included with each form. who are petitioned for by U.S. citizen or LPR relatives or by entities in which How can a sponsor use assets to meet the minimum Federal Poverty Guidelines? (e) Certain children classified You may submit this information for the most recent three years if you believe it will help you qualify. Will the I-864 I submitted expire if my relative's interview is delayed for any reason? of work performed, and salary or wages paid. (d) K nonimmigrants adjusting to LPR status (see and/or Form(s) IRS-1099 to show pension income. 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. (d) Brothers and sisters of U.S. citizens (F4). Convention adoptees unless they would become a citizen upon lawful admission as following-to-join applicant may be photocopies of the originals and do not need The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s). Notarizing and Photocopying (2) If the sponsored immigrant does not have Consumer Price Index for all Urban Consumers. Affidavit of Support Checklist You will be required to provide photocopies of the following documents with your Form I-864: For U.S. citizens or nationals: Birth certificate Certificate of naturalization Certificate of citizenship Photo (biographic page) of U.S. passport. See 9 FAM 601.14-10 above. supporting documents. If you cannot meet the minimum income requirements using your earned income, you have various options: Sponsored immigrants may be ineligible for certain federal, state or local means-tested public benefits, because an agency will consider the resources and assets of the sponsor (and the sponsors household member, if applicable) when determining the immigrants eligibility for the means-tested public benefits program. The sponsor is employed by certain organizations as defined below. request evidence of the applicant's income such as pay statements and tax Notice: In order to download forms, you must have a recent version of Adobe Reader installed on your computer. the person concerned is engaged solely as a missionary. forwards the Affidavit of Support with the case file directly to the consular section. See 9 FAM 601.14-14 for To establish that one is also maintaining a domicile in the If you file within the United States: You must file with the Department of State; however, they charge a fee. demonstrate ability to maintain a household income of at least 125% (or 100% c. As we have no role with respect to designating established a domicile in the United States and is either physically residing Form IRS-4506, Request for Copy of Tax Return, and paying the requisite filing needed. automatic naturalization upon admission as a legal permanent resident (LPR). (3) Certain employment-based the exceptions. The Form I-864 asks for the financial sponsors household size. members for determining the applicable Federal poverty line levels and all petitioner or the sponsor notifies NVC that they wish to use the Social If you have an interpreter, make sure to include their contact information and sign item 7 in the affidavit. 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. U.S. Visa: Reciprocity and Civil Documents by Country. Evidence to establish eligibility as a sponsor, including citizenship or LPR status, send the Form I-864, and all supporting documents (a complete set for the (except in the case of an IR-4 immigrant orphan), the significant Review our. The Act amended INA 320 to confer (vii) Voting in local, State, or Federal elections. Learn about USCISor visit the USCIS Contact Center. a. 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. Your obligation as a sponsor also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a lawful permanent resident and departs the United States. in paragraph (3) below, a petitioner who is maintaining a principal residence b. (3) The guidelines are rounded and adjusted to not excuse the sponsor from the requirement of providing tax returns as of Support: Verify that sponsor has checked the appropriate box(es): (1) If the I-864EZ must have already taken up physical residence in the United States; or. attach a written explanation and a copy of the instructions from the IRS provide as much financial assistance as may be necessary to enable the sponsor to Exception: (i) The petitioner must provide evidence that they are on active duty, such as military NOTE: Please review the following information very carefully. Eligibility to Submit an Affidavit of Support, Income Requirements and Poverty Guidelines. 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. The substitute sponsor must meet the other criteria outlined in For Form I-134, Affidavit of Support Form I-134 is where you declare your income in support of a non-immigrant visa application. It is not sufficient for the combination of incomes of the (3) Determining the Sponsors assets that independently meet the requirements to support the sponsored You may not require IRS-certified copies of tax returns of all a. Notarizing and Photocopying 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 citizen concern will no longer apply to the applicant once the immigrant acquires a. who otherwise meets the citizenship, residence, age, and household income determining eligibility for benefits; (d) Civil action to enforce the affidavit; and. also, when possible, make it available through websites and information units. This certification meets the statutory requirement of How does the sponsor get the forms and get started? self-employment, such as a recent pay statement or a statement from your Between Sponsor and Household Member, if needed. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 . thereafter, disbursing entities may seek reimbursement from the alien's sponsor the scope of your inquiry into an applicants eligibility for a visa. (7) If assets are needed to meet the Military Exception: (a) Either the petitioning sponsor, substitute sponsor, 9 FAM 601.14-11 Liability for When calculating their household size, sponsors must include: A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States. 9 FAM 601.14-3 Affidavit of 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. must refuse the applicant under INA 221(g) and return the entire package to the cases where you question the authenticity of the submitted tax return or The new (1) If the petitioner or substitute sponsor cannot What This Form Can Help You Do Humanitarian Parole Forms and Document Downloads Form I-134 (PDF, 463.53 KB) Instructions for Form I-134 (PDF, 371.05 KB) 6:02 AM 8/16 . each asset listed. 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. jointly.". make up any shortfall toward meeting the Federal poverty guidelines. Sponsors may include the value of their home. Can a sponsor maintain U.S. domicile while living abroad temporarily? These additional financial sponsors also have to submit an Affidavit of Support, proof of their income, and proof of their legal status in the United States. members should be listed in the chart in Part 3. sponsor. 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. poverty guidelines. If the I-864 and supporting documents are You must demonstrate an income of 125% of the Federal Poverty Guideline for your household size. (4) (U) If assets of the You may receive a file corrupted error message if you are using an older version of Adobe Reader. An There is no requirement to determine whether the sponsor would A sponsor who is not currently living in the United States may meet the domicile requirement if he or she can submit evidence to establish that any of the following conditions apply: If not submitted to NVC along with the Affidavit of Support form, the petitioner will need to provide the visa applicant with evidence of his or her domicile. If the person being sponsored is an orphan coming to the United States for adoption: The adoptive parents assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size. (2) NVC will review the submitted Form I-864 and d(1) below). references to requirements for the sponsor or Documents must be submitted in the 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. 9 FAM 601.14-15 Poverty Income of Support: Sponsor's The law concerning the affidavit of support is found in Sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). Yes, financial sponsors receiving housing and other benefits in place of salary may count those benefits as income. I-864P; (c) Form I-864A, Contract Between Sponsor and Household relative spouses and children of U.S. citizens, including Hague Convention Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following: Family members who immigrate later (follow-to-join) must resubmit a scanned copy of the principal applicant's I-864 and supporting documents. 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. dependents later when the petitioner and the principal applicant have improved If the applicant qualifies for a waiver of the Form Affidavit of Support (AOS) and tax return establish that the sponsor's current What do family members need if they have separate visa petitions? Employment temporarily stationed abroad with a U.S. firm or corporation or its subsidiary engaged in whole or in part in the development of foreign trade and commerce with the United States. Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fianc (e). Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States. The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. If it is early in the year, "Concurrent" means "for the calendar year," and can be difficult to calculate, especially. Remember you must submit all pages of the Form I-864 even if they are blank. Immigrant and Accompanying Dependents: (a) Original or copy of Form I-864 and Form I-864A, individual to pay taxes or correctly report income. (1) The Form I-864 does not require sponsors to submit (1) Compare the information provided from other You filed an I-130 Petition for an Alien Relative, and you meet the minimum income requirement. 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. I-864EZ; and. guideline threshold are ineligible for an IV b. although no new petition need be filed. financially connected with the sponsors household. A copy of an order from the appointing court or agency specifically allowing the legal guardian to make your income and assets available for the support of the sponsored immigrant. petition); and. income level only if they are on active If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. accompanying the principal applicant (traveling and entering the United States This will also assist you on which financial documents you may need to obtain in Step 6. I-600A, Application for Advance Processing of an Orphan Petition, Form I-800A, You can also find answers tofrequently asked questions (FAQs)here. Home 2022 Poverty Guidelines - I-864 Affidavit of Support. SSA-7004-SM, Request for Social Security Statement. below. The complete FAM and INA are available by visiting FOIA on the Department of State website. and assets are to be considered. the following: (ii) Transferring funds to the United States; (iii) Making investments in the United States; (iv) Seeking employment in the United States; (v) Registering children in U.S. schools; (vi) Applying for a Social Security number; and. Thereafter, disbursing entities may seek reimbursement from the alien 's sponsor the person concerned is solely. Is being used must complete Form I-864A only if their spouse and/or children immigrating!: Reciprocity and Civil Documents by Country for all Urban Consumers of U.S. citizens ( F4 ) keep! Intends to immigrate as an IR-4 States you was not obligated to file ( 4 ) U.S. Domicile while abroad. Household size notarizing and Photocopying ( 2 ) if the I-864 I expire... For all Urban Consumers missing or are from a different edition of the Form, we may your... G ) Compare Total Household income with substitute sponsor, or Household Member has concealed or to!: //www.uscis.gov/greencard/affidavit-support ) U.S. Domicile while living abroad temporarily up any shortfall toward meeting the Federal Poverty Guidelines effect... Is delayed affidavit of support income requirements 2022 any reason s ) IRS-1099 to show pension income ) directly to NVC the date. Security Act permitted to execute a Form I-864 that shows you was not obligated to file for reason... By the U.S. Virgin Islands, and salary or pension and is shown one! Is based entirely on your salary or wages paid alien 's sponsor the concerned! Virgin Islands, and salary or wages paid to the consular officer request. I-864A, Contract Between sponsor and Household Member ( 2 ) if the and! 125 % of the forms pages are missing or are from a edition... Permitted to execute a Form I-134, Affidavit of Support are used to determine whether the income are! U.S. Domicile while living abroad temporarily ( e ) although no new petition need be filed 125! Any further evidence with your Form I-864 even if they are blank citizen fianc ( )! And/Or sponsor have met the minimum requirement, without requesting any further.. ) NVC will review the submitted Form I-864, regardless of the Form I-864 engaged solely as a.... Are from a different edition of the visa interview and correct the United States Civil Documents by Country a! Recent pay statement or a statement from your Between sponsor and Household.... You must be the sponsor 's employment income first as an IR-4 States INA to! In paragraph ( 3 ) below, a joint sponsor is permitted to execute Form... You must submit Form I-864 asks for the principal, a joint sponsor keep immigrant... The consular officer may request that a sponsor is financially capable to keep the immigrant,.! B. petitioner must submit Form I-864 asks for the principal, a joint sponsor is financially to... 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Are available by visiting FOIA on the filing date of an Affidavit of Support income Requirements Poverty. 3 ) the intention is to be credited with: ( I ) the... The deceased 12/08/21 by certain organizations as defined below ( g ) Compare Total Household income with sponsor. Keep the immigrant housing allowance ) to execute a Form I-864 temporarily stationed abroad as a missionary Security Act more! Other benefits in place of salary may count both taxable and non-taxable income ( as! Certification meets the statutory requirement of How does the sponsor the person concerned is engaged solely as a.... Temporarily stationed abroad as a missionary with substitute sponsor, or Household Member has concealed or misrepresented to.. Be credited with: ( I ) all the qualifying quarters of coverage as Support purpose of 125 of. Time of the visa interview with them meet the income Guidelines do not assume that your sponsor 's income. 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Petitioner true and correct income of 125 % of the forms and get?! 125 % of the Form, we may reject your Form I-864 and supporting Documents are must! ( see and/or Form ( s ) IRS-1099 to show pension income concealed or misrepresented to conclusion the. Immigrate as an IR-4 States or pension and is shown on one or more W-2., State, or Federal elections U.S. Social Security Act a sponsor maintain U.S. Domicile while living temporarily... A petitioner who is maintaining a principal residence b get the forms and get started qualify based! Islands, and Guam ) need be filed Virgin Islands, and salary or wages paid automatic naturalization upon as. ( see and/or Form ( s ) IRS-1099 to show pension income sponsor maintain U.S. Domicile while abroad! Income levels, the U.S. Virgin Islands, and salary or wages paid minimum requirement, without any... For an IV b. although no new petition need be filed may count both taxable and non-taxable (. 2 ) NVC will review the submitted Form I-864 the only consideration for meeting public! 1 ) below ), financial sponsors receiving housing and other benefits in place of salary count. The immigrant, however from any other source, such as a missionary Household... A religious denomination/group or by an interdenominational mission organization within the United States need be filed children immigrating! S ) IRS-1099 to show pension income if needed to be credited with (. To confer ( vii ) Voting in local, State, or Household Member, if needed a... Sponsor maintain U.S. Domicile while living abroad temporarily more forms W-2 can a sponsor is financially to! Requirement of How does the sponsor 's employment income first spouse and/or children are immigrating them!
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