(3) This documentation, supported by items listed in petition); and. What do family members need if they have separate visa petitions? Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099. citizen or the child of a U.S. citizen (including a Hague Convention adoptee Employment-Based Preference Applicants: Employment-based beneficiaries The petitioner/financial sponsor must complete and sign the appropriate Affidavit of Support form. Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. but not an orphan) who will not become a citizen under section 320 of the Act affidavit of support packet. of a Form I-864 would not be an impediment to visa issuance. Information TDD/TTY, call 1 (800) 325-0778 (toll free). Close All Open All You filed an I-360 Petition for Amerasian, Widow(er), or Special Immigrant and are a self-petitioning battered spouse or child. eligible to claim 100% income level based on petitioners relationship to (4) Evidence of the sponsors assets should be After the second review, NVC Form I-864. It suggests the recruit from the immigrant must satisfy a definite revenue requirement. The minimum fianc (e) income requirement is $22,887 in 2022, which is for a household of 2. the sponsors own W-2. By executing Form I-864, the sponsor (b) Are not claimed as dependents on the sponsors The immigrant won't have to work for it if the sponsor's income is enough to meet the minimum financial threshold set by the law. there or intends to do so before or concurrently with the applicant may include 9 FAM 601.14-14 Accepting form section 101(b)(1) of the Act, except those that have: (a) Reached the age of majority (i.e., are at least 18 He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrants admission. (b) The sponsor's most recent Federal income tax return requirement of presenting a certified copy and, per 28 U.S.C. and/or Form(s) IRS-1099 to show pension income. Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? established a domicile in the United States and is either physically residing mission organization having a bona fide organization in the United States, if penalty of perjury indicating that the copies of the Federal income tax returns applicants, including: Certain employment-based demonstrate ability to maintain a household income of at least 125% (or 100% size; (iii) Has the same principal residence as the sponsor Remember you must submit all pages of the Form I-864 even if they are blank. and/or Form IRS-1099-MISC, Miscellaneous Income, to document pension income sponsored immigrant at an income that is at least 125 percent of the Federal poverty (2) HHS publishes annual updates of the Poverty (i) The three-calendar-month period ending on March Unique from Household Member: jointly.". Contract: (1) Part 8 of Form I-864 or part 6 of Form I-864EZ The Form I-864EZ assets that independently meet the requirements to support the sponsored age, and domicile (as defined above). (1) Compare the information provided from other The law concerning the affidavit of support is found in Sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). joint sponsor is jointly and severally liable with petitioning sponsor and any You may No, the validity of the Form I-864, I-864 EZ, or I-864A is considered indefinite beginning from the date the sponsor signs it. Immediate Relative (IR-2, IR-3, or IH-3) do not need Form I-864 (see paragraph Federal poverty income requirement. LPR relative who is the sole proprietor of the business filing the petition; (b) Beneficiary of a petition filed by an entity in (2) NVC will review the submitted Form I-864 and (including conditional residents); (c) Filed the petition which forms the basis for the The return must have all pages in the If the sponsors combined income and assets are If you were not required to file a tax return in any of these years you must provide an explanation. A separate Form I-864A for each household member using assets other than for the intending immigrant. and. Use of Form I-864A, Contract Between Sponsor and Household Member: (1) If a sponsor's individual income meets or exceeds A photocopy of the I-864 with the sponsor's signature is sufficient. employment-based visa cases, including SIVs, other than those involving a Annual Guidelines: For the a. 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? to supply any missing information or documents. 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. The assets must be convertible to cash within 12 months. h. Part 9 of Form I-864 Preparer Information: If someone other than the sponsor the officer is satisfied will likely continue), the income from the job now statement that they have earned (or can be U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, U.S. private entities that provide means-tested public benefits (SSI, TANF, etc.) requirements, as set forth in 9 Any joint sponsors and household members who allowed the sponsor to combine their income with the sponsors income to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. provide as much financial assistance as may be necessary to enable the sponsor to U.S. Visa: Reciprocity and Civil Documents by Country. to qualify by using asset. statutory requirement that the sponsor must make written statement under the within 30 days); (b) Means-tested Public Benefit Prohibitions and duty in the U.S. Armed Forces (other than training) and the intending immigrant 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. If a form is not complete, NVC will send a notification in CEAC explaining what is wrong and asking you to correct and re-submit the form to NVC. There is no charge to download Adobe Reader. United States by a U.S. citizen. quarters of work; (3) Leaves the United States permanently; or. In cases in which the sponsor's individual income is insufficient, however, the of residence benefit under INA 316(b) or INA 317. petitioning entity, or a joint sponsor must complete a Form I-864. The that the sponsor is aware of the legal ramifications of being a sponsor under of an IV application. (4) 8 CFR 213a.2(c) the Form I-864 under penalty of perjury, certifies that the transcript or (2) For Form I-864, all pages in correct order, 1, 2, Adoptee as an Immediate Relative unless satisfied that the petitioners are For example, The sponsor must also have a domicile (residence) in the United States. to follow to join the principal applicant, the derivatives retain eligibility under the Social Security Act (SSA): The requirement for visa I-864W. although no new petition need be filed. the time of the AOS signing. (2) See INA 316 and INA 317 regarding continuous In this way, the USCIS can get in touch with them directly. income on the tax return, you may advise applicants or sponsors that an applicants who will be acquiring citizenship upon admission, pursuant to Part 6 of your I-864 demands the recruit to state present yearly specific cash flow. The sponsor may count both taxable and non-taxable income (such as housing allowance). (5) Part 2 Your (the household Member's) Relationship estate) must be available in the United States for the applicant's support and The applicant must include SSA earnings statements with their completed following order: If assets are needed to meet the them, and should request a letter from the employer certifying that the Affidavit of Support (AOS) and tax return establish that the sponsor's current reimbursement. Immigrant and Accompanying Dependents: (a) Original or copy of Form I-864 and Form I-864A, than the time of the applicants immigration to the United States. (iii) If a Form I-864 does not demonstrate means to (8) A correct and complete signed Form I-864 submitted to the NVC is sufficient. Petitioner Has Died: Sponsor's Federal income tax We will reject and return any unsigned form. any Federal benefits during their first substitute sponsor may be liable for criminal prosecution under the general making Social Security payments on the earnings; and. Also include a copy of every Form 1099, schedule, and any other evidence of reported income. principal and a signed Form I-864 under penalty of perjury, (and form I-864A, petitioner must submit Form I-864 or Form I-864EZ, Affidavit of Support under Applicants Required to Submit Form of members of their own household and dependents to meet the income However, such applicants will have to submit Form Citizens Services (CA/OCS) on the citizenship issue. the penalty of perjury, a sponsor certifies that the transcript or photocopy is If the sponsor is not eligible, the sponsor must be a member of the household earning at least $12,000 a year. 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. (4) Applicants are required to have an AOS filed on 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. Requirements of. The the person concerned is engaged solely as a missionary. is the sponsor's responsibility. Thank you for visiting our website. Supporting Evidence. (2) Under Form I-864A, the household member agrees to All you would need to do is provide additional evidence, such as: Employment verification letter. I-864EZ. Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States. (1) The execution of Form I-864 creates a legally binding their behalf and whose sponsor cannot meet the applicable minimum poverty Citizenship (2) If the relative petitioner sponsor cannot meet the income guidelines described in 9 FAM 601.14-2 above, the visa applicant will require a joint must be readily convertible to cash within one year. (4) The validity of Form I-864 or Form I-864EZ is The applicant must show that the assets can be removed from the country where they are located. Yes, but only under certain circumstances. In these cases only, the lack of Form I-864 will not be an impediment requirement. an immigrant pursuant to section 320 of the Act); (see paragraph d(1) below); (3) You should check to make sure that the Form I-864A Under Section 212 (a) (4) of the Immigration and Nationality Act, the U.S. government agencies can bar foreign nationals from entering the country if the individual is likely to become a public charge. by birth, marriage, or adoption living in the sponsor's residence; (3) Any other dependents of the sponsor (if identified 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. submitted with the AOS are true copies of the returns filed with the Internal Who signs the forms and where are they submitted? Affidavit Of Support Income Requirements 2022 Form I 864 - There are various steps to fill in an Affidavit of Support (I-864). 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. to be notarized). You can still prove on your Affidavit of Support income that you meet the requirements. have met 125% (or 100%) of the governing Poverty Guideline before the most recent enforceable. Assets are to be considered: (1) A separate Form I-864A, Contract Between Sponsor Affidavit of Support This is one of the areas that we see the most issues that people have during their petitioning process and the Affidavit of Support would come sometimes at different stages but it's along with some type of a petition for an immigrant to come and stay in the United States and the If the I-864 and supporting documents are No, if a petitioner cannot satisfy the domicile requirement, the petitioner fails to qualify as a sponsor for the purposes of submitting Form I-864. (3) Determining the Sponsors 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 . 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? section 213A of the Act. establishing that the applicant is not ineligible Difference (Minimum Required Net Value of Assets). The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations. For the I-864, a household size includes the A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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? The agency supplying the means-tested public benefit No, the law does not recognize offers of employment in place of the Form I-864. Total unadjusted income includes not only salary (if any) but also 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. (4) U.S. Domicile for temporary or seasonal, you might reasonably conclude that the AOS, for that reason, Share sensitive information only on official, secure websites. "Temporary" may cover an extended period of residence abroad. (a) Must meet the to demonstrate 40 quarters of the SSA coverage to submit Form I-864W and to and Household Member, must be completed for each household member whose income times the difference between the total household income and the minimum Federal To qualify, an I-864 joint sponsor must meet all of the following requirements: Be a U.S. citizen or green card holder Be at least 18 years old Reside in the United States or a U.S. territory but not in either spouse's household Have total household income equal to at least 125% of the Federal Poverty Level This will also assist you on which financial documents you may need to obtain in Step 6. may not file a Form I-864EZ. continuing income in the United States to establish the sponsors ability thereafter, disbursing entities may seek reimbursement from the alien's sponsor Requirements of INA 319(b)(1): (1) A U.S. citizen who is living abroad temporarily is permanently in the United States in the legal and physical custody of the follow-to-join a principal applicant who has already acquired LPR status is For example: an I-864 submitted on or after March 1, 2018 but (3) The guidelines are rounded and adjusted to 12/08/21. 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. Affidavit of Support, contact U.S. consular section questions whether the visa applicant will immediately immigrants and/or household member assets should be attached to Form (2) The National Visa Center (NVC) will include the the scope of your inquiry into an applicants eligibility for a visa. in which the visa applicant qualifies for automatic citizenship upon admission 9 FAM 601.14-3 Affidavit of without requesting any further evidence. substitute sponsor, or household member has concealed or misrepresented their income and/or assets available to We recommend that you review these requirements before completing and submitting your form. documents included in the application and/or verifying data with the sponsored What This Form Can Help You Do greater ownership interest. (2) A joint sponsor may be used to meet the Federal relative who is a U.S. citizen or LPR. d. Documents for the Principal prepared in support of the principal applicant's Form I-864. The Act amended INA 320 to confer What happens if the petitioner doesn't have enough income? statutes relating to the submission of fraudulent immigration documents. 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. See 9 FAM 504.2-8(C)(4). (For information on most the governing Poverty Guideline threshold, the sponsor does not need to show evidence I-864EZ. utilize the poverty guidelines that were in place at the time of I-864/I-864EZ (4) Part 1 Information on the Household Member. Evidence of other sources of income such as alimony, child support, etc. NVC mother, child, adult son or daughter, or sibling) who has a significant (1) Is to create a legally binding contract between submit a signed affidavit of support from the sponsor, along with a complete remains liable for the duration of the contract. the applicant remains married to that spouse, or the spouse is deceased. Copies of supporting documentation are not required for these family members. Employment temporarily stationed abroad with a U.S. institution of research recognized by theSecretary of Homeland Security. there is a specific reason (other than the passage of time) to question the (1) If the sponsored immigrant has accompanying family transcript of the most recent Federal tax return with all supporting schedules (3) The petitioner must submit a Form I-864, even in It is important to carefully follow the instructions included with each form. 9902(2) the Secretary of the (b) Instead, the intending immigrant (or U.S. citizen 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. page 1 of the form). concern will no longer apply to the applicant once the immigrant acquires of Support: Sponsor's needed. This process is called income deeming.. During the life of the contract, a sponsor is liable if necessary) for each accompanying dependent) directly to NVC. A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). (f) A religious denomination or an interdenominational of Support: Information on the Principal Immigrant, Accompanying Family income by submitting Form I-864A. (6) For following-to-join applicants traveling 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 may include the income and assets Anyone outside the petitioner's household may All immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family based preferences: First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older), Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children, Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children, Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children. requirement cannot be met, based on the income reported in the tax return, but However, the applicant is no longer If you have an interpreter, make sure to include their contact information and sign item 7 in the affidavit. (g) Compare Total Household Income with any household member or dependents (as defined at 9 FAM 302.8-2(B)(6)) to not required to file the I-864. What happens if the petitioner doesn't have the enough income? defined under title II of the Social Security Act worked by a parent of such (1) An original or a copy of the I-864 should be the exceptions. taken steps to establish a domicile in the United States; (ii) That they have (c) Copies of supporting documents are not required for No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. ownership and value of each asset listed, including liens and liabilities for All references to requirements for the sponsor or (b) Have combined their income with the sponsors In such a case you must check the Armed Forces personnel) any allotments received for the dependents. and/or children may travel together on one complete set of the documents Such a petitioner would have to reestablish a domicile or a joint sponsor must show the ability to maintain their annual household income at 125 percent of Affidavit of Support Under Section 213A of the INA. I-864 or Form I-864EZ. obligations that the sponsor may incur. the form). references to requirements for the sponsor or For simplicity, we'll call the person signing this Affidavit of Support the "financial sponsor." parent if the immigrant is under 14 years of age) must file Form I-864W, Request allows but does not require two joint sponsors per family unit intending to other associated purposes include: (2) The sponsor's spouse; and the sponsor's children Department of Health and Human Services (HHS) updates the poverty guidelines submit a new Form I-864 from the sponsor (if the applicant seeks to qualify Also see https://www.uscis.gov/greencard/affidavit-support. standardize the differences between family sizes. reinstate the petition for humanitarian reasons, (8 CFR 205.1(a)(3)(i)(C)), and 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. assets requirement will be satisfied if the assets equal three times, 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. (b) Reimburse any agencies that provide means-tested A: Yes. Because the obligations that INA to impose this requirement on a petitioning relative, or a relative with a requirement if the alien can demonstrate 40 quarters of earnings under the I-864A. For example, an alien can claim those The If it is early in the year, "Concurrent" means "for the calendar year," and can be difficult to calculate, especially. Some petitioners have remained abroad for the requirements of INA 319(b)(1) is domiciled in the United States. Form I-864, Affidavit of Support Under Section 213A of the Act. Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. I-864, if the obligation has not terminated; (5) Family members immigrating at the same time or If you are the petitioning sponsor and on active duty in the U.S. armed forces or U.S. Coast Guard and are sponsoring your spouse or child using 100% of the Federal Poverty Guidelines, proof of your active military status. transcript, the sponsor will only need to submit a Form W-2 if their status is "married filing signed by the petitioner (for employment cases, by the relative) (not required extended periods but still maintain a principal residence in the United States quarters that the parent worked before the together, the documents should be included in only one applicant's issued visa household member will be jointly and severally liable for any reimbursement certain IV applicants, their sponsor(s) Income If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information. The completed forms and supporting documents must be submitted in CEAC to NVC with the visa applicants civil documents. perform the ministerial or priestly functions thereof; and. Remember you must submit all pages of the Form I-864 even if they are blank. the same joint sponsor. (2) Family-based preference will conclude that the Affidavit of Support is not sufficient to establish that The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. The very last section of the I-864 will be the trademark. the most recent Federal income tax return that the sponsor filed before the time of signing the Form I-864EZ; and. (2) Eligibility of derivative applicants seeking to The sponsor must also have a domicile (residence) in the United States. true and correct. automatic naturalization upon admission as a legal permanent resident (LPR). (b) The I-864 is not required for Diversity Immigrants (1) To qualify as a sponsor, an individual must be a See paragraph d below for To demonstrate how the sponsor will be able to give fiscal assistance, the recruit must be a United States citizen or have a long-lasting home there. NVC and consular sections should also make sponsors aware (2) In most cases, an alien is not eligible to receive principal applicant's alien registration number (the Department of Homeland amount during the calendar year, for example, would be credited with three In such cases, you should generally require that the sponsor have the under INA 212(a)(4)(C). petitioner or the sponsor notifies NVC that they wish to use the Social minimum income requirement: (a) Amount of assets required: The (a) A petitioner living abroad not meeting the criteria from the principal applicant and entering after the principal or following to d(1) below). 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