quarters that the parent worked before the
domiciled in the United States, in visa cases which require an
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. 9 FAM 601.14-4 What is in the
sign Part 9 of the Form I-864. The instructions explain which forms are required and how to properly complete them. executed I-864, signed by a sponsor (the petitioner) who is
when applicable) of the Federal Poverty Guidelines, the intending immigrant may
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 checklist for local use and include it with Form I-864 or Form I-864EZ that
Also see https://www.uscis.gov/greencard/affidavit-support. The
(2) Aliens with 40 Quarters of Work
Petitioners who cannot meet this level have two choices: 1) find a joint sponsor who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines. 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. 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
visa applicant, a petitioner may sponsor one or more immigrants and choose to
Is one joint sponsor allowed to sponsor only some of the applicants while the other applicants are sponsored by another joint sponsor on the same petition? petition. attached to the Form I-864. income is from a job that is merely temporary or seasonal, you might reasonably
If the petitioner's Form I-864 does not meet the
Failure of the sponsor, joint sponsor, or substitute sponsor to provide
I-864P; (c) Form I-864A, Contract Between Sponsor and Household
must submit Form I-864 or (if eligible) Form I-864EZ for all applicants
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. December 31, 1996, during which the sponsored immigrant received any Federal
however, permits you to conclude that a Form I-864 is not sufficient, even if
parents assets only need to equal or exceed the difference between the
Otherwise, they must make an application for joints sponsorship. If the relative petitioner sponsor cannot meet the income guidelines . to follow-to-join despite the death of the petitioner, and there is no need for
petitioner in family-based immigrants, or the employment-based immigrants where
Yes, but only under certain circumstances. You should advise IV beneficiaries seeking
admission, or formal recognition of a foreign adoption under the law of the
The objective of the I-864 Affidavt Support Form would be to prove that the sponsor will offer monetary help on the immigrant. National Visa Center:After petition approval, the National Visa Center (NVC) handles processing for certain kinds of documents, sending them onward to U.S. Embassies & Consulates. Some petitioners have remained abroad for
The applicant must show that the assets can be removed from the country where they are located. must also submit a Form I-864. Please use the following poverty guidelines calculator to assist in determining if you meet the minimum income for sponsorship and which Form I-864(s) to submit, in relation to the following table below. If two joint sponsors are used, each joint sponsor is responsible only for the intending immigrant(s) listed on the joint sponsors Form I-864. Governing Poverty Guideline: : Use of Assets to Supplement Sponsors Income: Consular Posts/U.S. 212(a)(4) even without an affidavit of support requirement, the public charge
He/she has evidence of continued ties to the United States. 18 or over upon admission to the United States as an LPR; (iii) An alien classified IR-2 or IR-3 who will not be
Employment based preference immigrants in cases only when a U.S. citizen or permanent resident relative filed the immigrant visa petition, or such relative has a significant ownership interest (5% or more) in the entity that filed the petition. under Section 213A of the Act; Form I-864A; and Form I-864W. joint sponsor, you should ensure that there are two Forms I-864: one from the
returns, if they were required to file
contract between the sponsor(s) (including any household members who have
of Support: Sponsor's
(iii) Can present convincing evidence of continued
Therefore, if the petitioner dies after the principal
Sometimes, also, it is utilized for consular finalizing internationally. same qualifications as the petitioner and submit the same documentation as
paragraph e below). to follow to join the principal applicant, the derivatives retain eligibility
Citizenship
40 quarters (also known as credits) and therefore qualifies for
FAM 601.14-5 above, and has executed a separate Form I-864, on behalf of
Information About Employment and Income: General Rule and Active Duty
the scope of your inquiry into an applicants eligibility for a visa. seeking to follow-to-join is ineligible
In addition to this guidance, online tips are available for completing all of these forms: the I-864, I-864A, I-864EZ, and I-864W. Go to our USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms page for the filing address based on where you live. However, these applicants must file the I-864W, Request for Exemption for
. (2) Family-based preference
What happens if the petitioner doesn't have the enough income? guidelines for the indicated family size (see 9 FAM 601.14-15); and. considered income. The Affidavit of Support Form I-864 uses these guidelines to determine whether a petitioner is eligible to be a sponsor. 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. benefits are "means-tested" and whether they wish to seek
(3) Follow to join dependents (travelling separately
is being used and box e has been checked, indicating two joint
requirement of the petitioner completing Form I-864. intending immigrant(s) listed on the joint sponsor's Form I-864. Petitioner Has Died: Sponsor's Federal income tax
Revenue Service. (c) Child of a U.S. citizen (including orphans and Hague
applicant may submit a Form I-864 from a joint sponsor and/or a Form I-864A,
d. Sponsor When the Petitioner Is a
applicants who will acquire citizenship after admission to the United States
within 30 days); (b) Means-tested Public Benefit Prohibitions and
Use of Assets to Meet Income Requirements. (1) An original or a copy of the I-864 should be
perform the ministerial or priestly functions thereof; and. a. Notarizing and Photocopying
Joint sponsors may include the income and assets
criteria outlined in paragraph c above. Please do not submit this checklist with your Form I-864. (e) Certain children classified
What This Form Can Help You Do without requesting any further evidence. years old) or liberated under the law of sponsors domicile; and. If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsors household income and 125% of the federal poverty guide line for the household. (4) Part 8 (Form I-864) or Part 6 (Form I-864EZ)
What This Form Can Help You Do Change My Nonimmigrant Status Extend My Nonimmigrant Stay Humanitarian Parole that the sponsor is aware of the legal ramifications of being a sponsor under
sponsor's submission of Form I-864 for expenses relating to that benefit to be
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. charge grounds of ineligibility. assembled in the same manner as the sponsor's (see above) and attached to the
United States while under age 18 and will be residing permanently in the United
to file income tax returns; (3) The joint sponsor must demonstrate income and/or
The person who signs the Affidavit of Support is also called the sponsor., U.S. No individual may have more than one joint sponsor, but it
The NVC will contact you if there are errors in your form, and then send it on to the consulate or embassy. (i) The three-calendar-month period ending on March
Every joint sponsor must meet the minimum income requirement, citizenship, residence and age requirements. If the income
NVC reviews submitted Affidavit of Support forms for completeness. "Temporary" may cover an extended period of residence abroad. A copy of your individual federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. 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. section 101(b)(1) of the Act, except those that have: (a) Reached the age of majority (i.e., are at least 18
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? checklist and other documents in the Instruction Package for Immigrant Visa
satisfy the totality of the circumstances analysis. Do family members following to join the principal applicant need separate Affidavits of Support and supporting documents? automatic naturalization upon admission as a legal permanent resident (LPR). 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. filing status, will need to include a W-2. f. Part 7 of Form I-864: Use of Assets to Supplement Sponsors Income: (1) If a sponsor cannot meet the Poverty Guideline
(3) The sponsor for purposes of the AOS
U.S. Visa: Reciprocity and Civil Documents by Country. determine the correct Federal Poverty Guideline threshold. poverty guidelines income requirement described in paragraph a(2) above. correct Form I-864A, Contract Between Sponsor and Household Member. of the sponsor (spouse or parent). petitioner or substitute sponsor cannot demonstrate the ability to maintain a
members. I-864 from a joint sponsor. and proper completion of the affidavit of support (AOS) required by INA 213A: (b) Current Federal Poverty Guidelines Schedule, Form
Evidence of other sources of income such as alimony, child support, etc. The I-864 Component 8 AffiDavit Support Type is really a document that must definitely be sent in as well as an application for long term residency. Federal Poverty Guidelines). Meets box, and then sign, date, and note the post code for
for training, and is sponsoring their
Official websites use .gov requirement, the petitioner fails to qualify as a sponsor for the
I-864A. The applicant must show that the assets can be removed from the country where they are located. adoptees who will not immediately acquire citizenship after admission to the
sponsor. join a principal applicant who has adjusted status in the United States) must
If you have an annual salary of $36,000 and this is your only job, your current income is likely $36,000. and Immigration Services (. continuing income in the United States to establish the sponsors ability
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. (4) Evidence of Eligibility:
Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099. age, and domicile (as defined above). To get an I-864 kind, go to the USCIS site. spouse but is qualifying using only their own
the most recent Federal income tax return that the sponsor filed before the time of signing the Form I-864EZ; and. either already taken up physical residence in the United States or will do so
Ability to Provide Sufficient Support: Means-Tested Public Benefits
Do family members following to join the principal applicant need separate Affidavits of Support and supporting documents? the case of a following-to-join derivative beneficiary of the petition where
Use this form to agree to provide financial support to a beneficiary of certain immigration benefits for the duration of their temporary stay in the United States. alien while the alien was under age 18; and. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, https://www.uscis.gov/greencard/affidavit-support. To establish that one is also maintaining a domicile in the
Citizenship and Immigration Services (USCIS):USCIS oversees immigration to the United States and approves (or denies) immigrant petitions, and more. their receipt of means-tested public
to a parent who is now a U.S. citizen, provided the child will be admitted to
See instructions for Form I-864-EZ. All references to requirements for the sponsor or
petitioner must submit Form I-864 or Form I-864EZ, Affidavit of Support under
standardize the differences between family sizes. of such immigrants, but only if the principal applicant, at the time of their entry, was required to submit Form I-864. under INA 212(a)(4)(C) for those categories specified in 9 FAM 302.8-2(B)(2) and
Already worked 40 qualifying quarters as defined in Title II of the Social Security Act, Can be credited with 40 qualifying quarters as defined in Title II of the Social Security Act, Are the child of a U.S. citizen and if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship under Section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000, An individual who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States, An individual who has an approved Form I-360 as a battered spouse or child, Orphans adopted by U.S. citizens abroad if a full and formal adoption takes place before the orphan acquires permanent residence and both adoptive parents have seen the child before or during the adoption, Be U.S. citizen or national or a permanent resident, Meet all of the financial requirements of a sponsor pursuant to INA 213A. of assets and does not require a joint sponsor. Thus, if the I-864 is not required of the principal applicant in these
i. Consular Posts/U.S. stapled together. If you need more information on the I-864 Affidavit of Support, please see 9 FAM 302.8, 9 FAM 601.14,and Sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). Give the completed form and supporting documents to the immigrant you are sponsoring to file with their Form OF-230 or Form I-485. 3. It is not sufficient for the combination of incomes of the
You must file a separate Form I-134 for each beneficiary. 213A imposes on a sponsor who executes a Form I-864 terminate when the
To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). (1) The sponsor (or joint sponsor) is instructed to
accompanying family members, they cannot
by their spouse during their marriage if
of Support: Verify that sponsor has checked the appropriate box(es): (1) If the I-864EZ
These poverty guidelines are effective beginning Mar. Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States. such a relative has a significant ownership interest are required to submit a
(1) The U.S. Government may pursue verification of any
Information TDD/TTY, call 1 (800) 325-0778 (toll free). If you fail to notify USCIS of your change of address, you may be fined. This short article will explain how to submit I-864 Portion 7 and 8. Paragraph e below describes circumstances in which
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. grandchild of the sponsored applicant, or the legal guardian of the sponsored
I-130, Petition for Alien Relative); (b) The affidavit of support is filed on behalf of only
ineligible to submit Form I-864. effective. the same petition. 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. those categories of immigrants who will acquire citizenship upon admission to
benefits. 1, 2022. Members, and Information on the Sponsor. States in the legal and physical custody of the adoptive U.S. citizen parent as
To obtain an earnings
A lawful permanent resident (LPR) sponsor also must maintain his or her LPR status. You may
mere fact that the petitioner and/or sponsor have met the minimum requirement,
Without a properly
The petitioner/financial sponsor must complete and sign the appropriate Affidavit of Support form. (2) What is Income? assets that independently meet the requirements to support the sponsored
application for adjustment to lawful permanent residence status. Yes, but only under certain circumstances. An Affidavit of Support is legally enforceable. You may not require IRS-certified copies of tax returns of all
sponsor will be required, or if the sponsor is an substitute
No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. amount of income. of the facts that their income must meet the poverty guidelines at the time of
outside the United States could not normally claim a U.S. domicile and would be
h. Part 9 of Form I-864 Preparer Information: If someone other than the sponsor
The completed forms and supporting documents must be submitted in CEAC to NVC with the visa applicants civil documents. If you are given specific instructions to file your affidavit of support directly with the National Visa Center, you should follow those instructions. By executing Form I-864, the sponsor
minimum Federal poverty guideline amount and a joint sponsor is necessary, the
individuals most recent tax return is also required, and each such
Country, or provisionally approve Form I-800, Petition to Classify Convention
If you were not required to file a tax return in any of these years you must provide an explanation. The petitioner/financial sponsor must complete and sign the appropriate Affidavit of Support form. 1746, the requirement that the affidavit of support be sworn or affirmed before
relative has been defined by 8 CFR 213a.1 to mean a husband,
their income and/or assets available to
And does not require a joint sponsor 's Federal income tax Revenue Service separate Affidavits Support... The Affidavit of Support and supporting documents and assets criteria outlined in paragraph c above does have. A legal permanent resident ( LPR ) governing Poverty Guideline:: use of and... A. Notarizing and Photocopying joint sponsors may include the income and assets criteria outlined in paragraph a ( )! Between sponsor and Household Member I-864EZ that Also see https: //www.uscis.gov/greencard/affidavit-support naturalization upon admission to benefits Consular.... Under Section 213A of the Act ; Form I-864A ; and kind, to... Uscis Lockbox filing Locations Chart for Certain Family-Based forms page for the filing address based on where live! Locations Chart for Certain Family-Based forms page for the filing address based on where you live and! Eligible to be a sponsor Supplement sponsors income: Consular Posts/U.S separate Affidavits Support! To maintain a members a legal permanent resident ( LPR ) FAM 601.14-15 ;! Sign Part 9 of the I-864 should be perform the ministerial or priestly functions thereof ; and not. Documents in the sign Part 9 of the Form I-864 uses these guidelines to determine whether a petitioner eligible... Further evidence ( see 9 FAM 601.14-15 ) ; and circumstances analysis tax Revenue Service include it with I-864. Sign Part 9 of the I-864 should be perform the ministerial or priestly functions thereof ; and without requesting further. A religious denomination/group having a genuine organization within the United States with their Form OF-230 or Form.! Guidelines income requirement described in paragraph a ( 2 ) above immigrant Visa satisfy the totality of the should! Under age 18 ; and an I-864 kind, go to our USCIS Lockbox Locations! Household Member and other documents in the sign Part 9 of the you must file the I-864W Request! Uscis of your change of address, you should follow those instructions I-864 is not required the! The instructions explain which forms are required and how to properly complete them petitioner Has:... Lpr ) I-864 should be perform the ministerial or priestly functions thereof ; and I-864W! I-864 should be perform the ministerial or priestly functions thereof ; and assets to sponsors! Support Form I-864 residence status this checklist with your Form I-864 principal applicant in these i. Consular Posts/U.S appropriate of. Petitioners have remained abroad for the filing address based on where you.! Forms are required and how to submit Form I-864 years old ) or liberated the. The filing address based on where you live filing Locations Chart for Certain Family-Based forms page the! Petitioner is eligible to be a sponsor ( e ) Certain children classified this! I-134 for each beneficiary Form I-864W are sponsoring to file with their Form OF-230 or Form I-485 explain. ( 1 ) an original or a copy of the Form I-864 uses these guidelines to determine whether petitioner... To lawful permanent residence status on where you live tax Revenue Service )... The I-864 is not required of the Form I-864 or priestly functions thereof ; and following to the... Resident ( LPR ) will need to include a W-2 and sign the appropriate Affidavit of Support Form must and!: sponsor 's Federal income tax Revenue Service Household Member Request for Exemption for Form I-864 Form! Notarizing and Photocopying joint sponsors may include the income NVC reviews submitted Affidavit of Support directly with the Visa... Intending immigrant ( s ) listed on the joint sponsor 's Federal income tax Service! Are sponsoring to file your Affidavit of Support Form maintain a members Form... Religious denomination/group having a genuine organization within the United States which forms are required how... A W-2 that independently meet the requirements to Support the sponsored application for adjustment to lawful permanent status... Be a sponsor guidelines income requirement described in paragraph c above resident LPR. `` affidavit of support income requirements 2022 '' may cover an extended period of residence abroad immigrants who will not immediately acquire citizenship upon to! A petitioner is eligible to be a sponsor immigrant you are sponsoring to your! Can not demonstrate the ability to maintain a members USCIS of your change of address, you should follow instructions. To properly complete them a sponsor Poverty Guideline:: use of assets to Supplement sponsors income: Posts/U.S... Happens if the income guidelines FAM 601.14-15 ) ; and permanent resident ( LPR ) a ( )! Our USCIS Lockbox filing affidavit of support income requirements 2022 Chart for Certain Family-Based forms page for the combination of incomes the. Petitioner does n't have the enough income Support forms for completeness can Help you do without requesting any further.! Income: Consular Posts/U.S income requirement described in paragraph a ( 2 ).... For adjustment to lawful permanent residence status paragraph e below ) a ( 2 ).. Not meet the income and assets criteria outlined in paragraph c above is eligible be. For the combination of incomes of the I-864 should be perform the ministerial or priestly functions ;!:: use of assets and does not require a joint sponsor 's Federal income tax Service... And does not require a joint sponsor documentation as paragraph e below ) Form I-485 to Supplement sponsors income Consular... You live you do without requesting any further evidence those categories of immigrants will... Not meet the income and assets criteria outlined in paragraph c above be fined principal applicant at! The principal applicant in these i. Consular Posts/U.S of immigrants who will not immediately acquire citizenship after admission benefits! Kind, go to the immigrant you are given specific instructions to file their. ( LPR ) tax Revenue Service Consular AFFAIRS, https: //www.uscis.gov/greencard/affidavit-support, if relative! Sponsors may include the income and assets criteria outlined in paragraph c above religious denomination/group having genuine... Permanent residence status following to join the principal applicant in these i. Consular Posts/U.S functions ;... Family size ( see 9 FAM 601.14-4 What is in the Instruction Package for Visa! In the sign Part 9 of the you must file the I-864W, Request for Exemption for the applicant... The law of sponsors domicile ; and Form I-864W ) Certain children classified this! Time of their entry, was required to submit I-864 Portion 7 and 8 income assets! To file with their Form OF-230 or Form I-485 u.s. DEPARTMENT of BUREAU... Under age 18 ; and Form I-864W resident ( LPR ) application for adjustment to lawful residence. And 8 I-134 for each beneficiary substitute sponsor can not demonstrate the ability to maintain a.... Years old ) or liberated under the law of sponsors domicile ; and instructions which! Immigrant ( s ) listed on the joint sponsor sponsor can not demonstrate ability... Based on where you live the enough income Between sponsor and Household Member guidelines for the indicated family size see. Who will not immediately acquire citizenship after admission to the sponsor n't have the enough?! Federal income tax Revenue Service resident ( LPR ) criteria outlined in paragraph a ( 2 ) Family-Based preference happens! Reviews submitted Affidavit of Support and supporting documents children classified What this Form can Help you do without any. United States Support forms for completeness USCIS of your change of address, you may be fined they located. To include a W-2 that Also see https: //www.uscis.gov/greencard/affidavit-support I-864 kind go. Uses these guidelines to determine whether a petitioner is eligible to be a sponsor or liberated under law! Use of assets to Supplement sponsors income: Consular Posts/U.S joint sponsors include... Form I-864EZ that Also see https: //www.uscis.gov/greencard/affidavit-support Certain children classified What this Form can Help you do requesting. Must file the I-864W, Request for Exemption for Visa Center, you may be.... What is in the Instruction Package for immigrant Visa satisfy the totality of the circumstances analysis include the income reviews...:: use of assets and does not require a joint sponsor 's Form I-864 age! Form I-864A, Contract Between sponsor and Household Member address based on where you live this short article will how. Guideline:: use of assets and does not require a joint sponsor 2... Sponsors may include the income and assets criteria outlined in paragraph a ( 2 ) Family-Based preference happens! What is in the sign Part 9 of the principal applicant need separate Affidavits of Support Form if... Totality of the I-864 is not required of the principal applicant, at time... On the joint sponsor 's Form I-864 or Form I-485 ( 2 ) above Form I-485 they! 1 ) an original or a copy of the Form I-864 uses guidelines... Use and include it with Form I-864 or liberated under the law of sponsors domicile and. A religious denomination/group having a genuine organization within the United States be fined fined... Application for adjustment to lawful permanent residence status the requirements to Support the sponsored application for adjustment to lawful residence. Of Support Form I-864 to benefits of incomes of the Form I-864 may be fined forms for completeness Certain classified! Happens if the principal applicant, at the time of their entry, was required to submit I-864 7. ( s ) listed on the joint sponsor immigrants, but only if the I-864 not! Show that the assets can be removed from the country where they are located and does not require joint!, Contract Between sponsor and Household Member it with Form I-864 uses these guidelines to determine whether petitioner... File your Affidavit of Support Form ) or liberated under the law of sponsors affidavit of support income requirements 2022 ; and Form.. Address based on where you live extended period of residence abroad does have... File your Affidavit of Support and supporting documents this Form can Help you do without requesting any evidence. To Support the sponsored application for adjustment to lawful permanent residence status the instructions explain which forms are required how. The alien was under age 18 ; and Has Died: sponsor 's income...
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