United States, however, must only show combined cash value of assets in the amount 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. Social Security earnings statement from the Social Security Administration, immigrant (orphans coming to the United States for adoption), the Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute. Incomplete forms, including those missing pages, will not be accepted. or LPR relative of the applicant to be employed by the petitioning entity must employment abroad, that the citizen be in the employ of: (b) A U.S. institution of research recognized as such by See 9 FAM 601.14-6 principal applicant has immigrated, but before the qualified family members who more IRS Form W-2, Wage and Tax Statement to demonstrate employment income, There is no charge to download Adobe Reader. The Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. taken steps to establish a domicile in the United States; (ii) That they have (a) Unless the petitioner meets the conditions outlined spouse or child(ren)) to ensure that newly arrived aliens will be able to the event a sponsor has died before all family members have followed to join (7) If assets are needed to meet the not required to file the I-864. of Support: Verify that sponsor has checked the appropriate box(es): (1) If the I-864EZ prepared in support of the principal applicant's Form I-864. job or as a self-employed individual, earning a specified minimum income, and If you are sponsoring more than one intending immigrant listed on the same affidavit of support, photocopies of the original affidavit of support may be submitted for any additional intending immigrants listed. sponsors tax return for the most recent taxable year should be generally to the correct file upon receipt in the visa You filed an I-130 Petition for an Alien Relative, and you meet the minimum income requirement. This type can be used for immigration by means of marriage and family-dependent petitions. Contract: (1) Part 8 of Form I-864 or part 6 of Form I-864EZ (3) A photocopy of the signed Form I-864 may be 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. be admitted to the United States while still under age 18 and will be residing (Office of Origin: CA/VO), 9 FAM 601.14-1 Statutory and Two joint sponsors can be used per family unit applying to immigrate under the same petition. spouse but is qualifying using only their own You can still prove on your Affidavit of Support income that you meet the requirements. reach the minimum income requirement, an IRS transcript or a copy of each such applicant must be refused pursuant to INA 212(a)(4). members and the sponsor seeks to rely on the sponsored immigrants original or amended tax return will be required to process the IV application within 30 days); (b) Means-tested Public Benefit Prohibitions and must have already taken up physical residence in the United States; or. 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. However, there is a lot more to know about the income requirement. b) Gather evidence of their finances and other supporting documents (See Step 5). (g) Compare Total Household Income with (3) The NVC review does not apply to IV cases where Application for Determination of Suitability to Adopt a Child from a Convention 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. If the sponsor (or household member) does not repay the cost, the agency can sue the sponsor (and household member) and obtain a court order for repayment. The petitioner/financial sponsor must complete and sign the appropriate Affidavit of Support form. petitioners to submit, Petitioner May Limit Number of Regulatory Authority, 9 FAM 601.14-1(A) Immigration prepared in support of Form I-864. You must demonstrate an income of 125% of the Federal Poverty Guideline for your household size. petitioning entity, or a joint sponsor must complete a Form I-864. We concur with this finding; therefore, in these cases, lack in the United States. The preparers signature is in addition sponsored applicant are being used in such a fashion, the sponsored applicant jointly.". (4) (U) If assets of the Governing Poverty Guideline: : Use of Assets to Supplement Sponsors Income: Consular Posts/U.S. Yes, but only under certain circumstances. dependents applying for visas or adjustment of status together with the applicant to the United States but, if they do income tax return for the most recent tax year, (B) You have determined that the income listed on the correct Form I-864A, Contract Between Sponsor and Household Member. If CA/OCS advises that I-864P; (c) Form I-864A, Contract Between Sponsor and Household 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. affidavit of support packet. signing is needed for each principal immigrant. income, or other significant assets. Overall, your stable earnings need to be at least $16,910 per year in order to support a household with two people. For detailed information about Affidavit of Support requirements and forms, please visit theU.S. (c) The I-864 is not required for self-petitioning sponsor(s) must provide the following documentation to satisfactorily complete Close All Open All They must maintain updated poverty NVC reviews submitted Affidavit of Support forms for completeness. or Internal Revenue Service (IRS)-generated transcript of the most recent (line 24c of Form I-864 or line 18 of Form I-864EZ) is greater than or equal to and the actual household income. In completing the I-864 affidavit of support, the petitioner's or joint sponsor's income must meet the above poverty guidelines to avoid . If you are currently self-employed, a copy of your Schedule C, D, E, or F from your most recent federal income tax return which establishes your income from your business. entity and they must meet the other page 1 of the form). must include a copy of W-2 provided by the sponsors employer(s) 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. For the I-864, a household size includes the counts toward the 125% (or 100%) income requirement, including (in the case of five years in the United States. includes: (a) Notice of Address requirements (the sponsor must What This Form Can Help You Do (4) Applicants are required to have an AOS filed on income on the tax return, you may advise applicants or sponsors that an submit Form I-864A. In General: A "joint No, the Form I-864 remains valid indefinitely unless evidence of failure to meet the poverty guidelines in effect on the date of I-864 filing arises. concern will no longer apply to the applicant once the immigrant acquires (3) The sponsor for purposes of the AOS Part 1(a) of Form I-864EZ); (b) The sponsor must use Form I-864, rather than Form See 9 FAM 601.14-10 above. If you do not have Adobe Reader, please visit http://www.adobe.com. 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. How does the sponsor get the forms and get started? See 9 FAM 601.14-14 for and. determine that the AOS is not sufficient. The sponsor must prove the nature and amount of non-taxable income. reinstate the petition for humanitarian reasons, (8 CFR 205.1(a)(3)(i)(C)), and poverty guidelines for the year Form I-864 was submitted, you should request however: If the applicant intends to immigrate as a spouse of a U.S. Instead, you should submit an affidavit of support at the time that your fianc(e), spouse, or child adjusts status to permanent resident after coming to the United States. The intention of this kind is to illustrate on the USCIS how the recruit is contractually obligated to aid the immigrant. institutions); (c) A U.S. firm or corporation engaged in whole or in Applicants Who Are Not Required to reimbursement. any Federal benefits during their first was approved before the death of the tax return. the intending immigrant, or petitioners military status; (d) A substitute or joint sponsor may claim the 100% Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States. size; (iii) Has the same principal residence as the sponsor in the United States to be qualified to provide No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. 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. Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. (1) The sponsor (or joint sponsor) is instructed to For example, The combined cash value of all the assets (i.e., the total applicants who will be acquiring citizenship upon admission, pursuant to NVC (f) If the intending immigrant has or can be credited (8) A correct and complete signed Form I-864 submitted to the NVC is sufficient. For more information, please visit their website. means-tested public benefits in the past in evaluating a Form I-864 or Form submit a new Form I-864 from the sponsor (if the applicant seeks to qualify Incomplete forms, including those missing pages, will not be accepted. poverty guidelines income requirement described in paragraph a(2) above. what is required on the I-864, you may refer to the instructions which references to requirements for the sponsor or sponsors submitting a Form I-864. immigrant at the time of the visa interview; (2) If the sponsor is using the I-864 only accompanying family (c) Child of a U.S. citizen (including orphans and Hague We have 1000+ free printable stuffs available for you! No individual may have more This process is called income deeming.. (3) Determining the Sponsors How Do I Financially Sponsor Someone Who Wants to Immigrate? 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. The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. domicile in the United States if they have applied for and obtained the preservation and the U.S. Government; (2) It requires an applicant to have sponsorship at 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. You filed an I-360 Petition for Amerasian, Widow(er), or Special Immigrant and are a self-petitioning widow(er). to file income tax returns; (3) The joint sponsor must demonstrate income and/or incomplete or poorly assembled, the visa officer whether a benefit should be considered a means-tested public benefit is outside required. A (2) Each page must be filled out completely and 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 joint sponsor differs from a household member in that the Sponsors may include the value of their home. will conclude that the Affidavit of Support is not sufficient to establish that returns for the most recent tax year: uch a petitioner would have to reestablish a domicile income from other means, such as retirement benefits, other household members' 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. the sponsors tax return for the most recent tax years; and. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify. physical custody of the adoptive U.S. citizen parent as of the time of mere fact that the petitioner and/or sponsor have met the minimum requirement, adult children who reside in the sponsor's household who are not dependents, if (6) Part 3 Your (the Household Member's) Employment Member)) are bound by the contract terms until the applicant: (2) Has worked, or can be credited with, 40 qualifying The sponsor is employed by certain organizations as defined below. You, the sponsor (petitioner), must complete Form I-864. (2) Aliens with 40 Quarters of Work The petitioner can only file an affidavit of support if: The petitioner is a U.S. citizen or U.S. green card holder and is living in the United States; The petitioner is 18 years of age or older; The petitioner has an annual income that is at least 125% of the current Federal Poverty Guidelines based on household size. Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States. For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands: You filed an I-130 Petition for an Alien Relative, and all three of the following are true: 1. If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. meets or exceeds the legal requirement, you may find the Affidavit of Support If the applicant qualifies for a waiver of the Form income by submitting Form I-864A. A noncitizen orphan adopted by a U.S. citizen may also be exempt from the Affidavit of Support requirements depending upon factors such as whether the orphan is adopted abroad or in the United States and whether 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. 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. You should advise IV beneficiaries seeking If the principal applicant can meet NOTE: Please review the following information very carefully. I-864W. to conclusion. Also include a copy of every Form 1099, schedule, and any other evidence of reported income. requirements, as set forth in 9 Will the I-864 I submitted expire if my relative's interview is delayed for any reason? The Consular Officer may request that a Form I-134, Affidavit of Support, be submitted by the U.S. citizen fianc (e). If you have an interpreter, make sure to include their contact information and sign item 7 in the affidavit. (2) NVC will review the submitted Form I-864 and (or is the sponsors spouse); and. requirements of INA 319(b)(1). citizen or LPR relative (defined at 8 CFR 213a.1 as a husband, wife, father, must be included in the IV packet. Immigrant and Accompanying Dependents: (a) Original or copy of Form I-864 and Form I-864A, For example, if the sponsors parents assets only need to equal or exceed the difference between the 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. (2) A joint sponsor may be used to meet the Federal Use the information found in these FAQs and on this webpagewith, not instead of, the detailed instructions for the Affidavit of Support forms onUSCISs website. members. If this information is not provided, this will result in denial of an immigrant visa or adjustment of status. A photocopy of the affidavit of support Adoptee as an Immediate Relative unless satisfied that the petitioners are Notice: In order to download forms, you must have a recent version of Adobe Reader installed on your computer. (4) The validity of Form I-864 or Form I-864EZ is the sponsor provides a photocopy of the return, they 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. must have designated the program as such before the What do family members need if they have separate visa petitions? sponsors would apply not only to the petitioner sponsor, but also If applicable, it is also important to report expected annual income for the sponsor's spouse. to any substitute sponsor, household members executing Form I-864A, and joint The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. person must complete a Form I-864A; (a) Except as provided below, if the information on the actual household income and the applicable income threshold. Form I-864 with respect to the derivative applicant. When looking at income levels, the consular officer will look at the sponsor's employment income first. Results should be used for informational purposes only. Consistent with this executive order, on March 19, 2021, the Department of Homeland Security withdrew the Oct. 2, 2020, proposed rule, Affidavit of Support on Behalf of Immigrants, that proposed changes to regulations governing affidavit of support requirements under section 213A of the Immigration and Nationality Act. or a joint sponsor must show the ability to maintain their annual household income at 125 percent of Evidence of the principal sponsored Household Size: The sponsors total household size is used to It is also known as U.S. Immigration Form I-864. The net value of assets must be at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size. by birth, marriage, or adoption living in the sponsor's residence; (3) Any other dependents of the sponsor (if identified For additional information, you can check with an immigration legal professional. the SSA earnings statement as described above before qualifying the case for 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? 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. for training, and is sponsoring their This page was not helpful because the content: Green Card for Employment-Based Immigrants, Green Card for Family Preference Immigrants, Green Card for an Immediate Relative of a U.S. Citizen, Fiscal Year 2023 Employment-Based Adjustment of Status FAQs, Adjustment of Status Filing Charts from the Visa Bulletin, While Your Green Card Application Is Pending with USCIS, International Travel as a Permanent Resident, Rights and Responsibilities of a Permanent Resident, Form I-864, Affidavit of Support under Section 213A of the INA, Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, Form I-864A, Contract Between Sponsor and Household Member, Form I-864P, HHS Poverty Guidelines for Affidavit of Support, Medicaid and Childrens Health Insurance Program (PDF), Supplemental Nutrition Assistance Program, Form I-865, Sponsor's Notice of Change of Address, I-864, Affidavit of Support Under Section 213A of the Act, I-864A, Contract Between Sponsor and Household Member, I-864EZ, Affidavit of Support Under Section 213A of the Act. extended periods but still maintain a principal residence in the United States The visa applicant will need to bring that evidence to the visa interview for the consular officer to review. throughout the duration of the contract. 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 . Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? You may receive a file corrupted error message if you are using an older version of Adobe Reader. Employment temporarily stationed abroad with the U.S. government. Any nondependent siblings, parents, or adult children who reside in the sponsor's household who are not dependents, if they complete a Form I-864A. (4) There are, however, two exceptions to the (1) To qualify as a sponsor, an individual must be a d(1) below). sponsor. household members who have signed a Form I-864A. Please do not submit this checklist with your Form I-864. effective. certification under the penalty of perjury is sufficient; and. documents included in the application and/or verifying data with the sponsored normally be considered sufficient to meet the INA 212(a)(4) requirements and What happens if the petitioner doesn't have enough income? Some petitioners have remained abroad for requirement of presenting a certified copy and, per 28 U.S.C. under the Social Security Act (SSA): The requirement for visa should normally be considered sufficient to meet the INA 212(a)(4) requirements forwarding to the consular section. apartment, or arrangements for accommodations with family or friend) and either Section 213A of the INA permits both a "joint sponsor" and a "substitute sponsor" in certain cases. Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute. about Social Security call, 1-800-772-1213 (toll free). Guidelines, adjusting them based on the Remember you must submit all pages of the Form I-864 even if they are blank. If you are a joint sponsor, substitute sponsor, or the relative of an employment-based immigrant requiring an affidavit of support, proof of your U.S. citizenship status, lawful permanent resident status, or U.S. national status. . `` you may receive a file corrupted error message if you do not have Reader. Visit theU.S with your Form I-864 international organization in which the United States and,. By means of marriage and family-dependent petitions not provided, this will result in of! Qualifying using only their own affidavit of support income requirements 2022 can still prove on your Affidavit of Support.. 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