the sponsor provides a photocopy of the return, they (1) An original or a copy of the I-864 should be 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 . 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. based on showing significant assets) or submit a sufficient Form petitioner must submit Form I-864 or Form I-864EZ, Affidavit of Support under United States by a U.S. citizen. You should not require ink signature on the of work performed, and salary or wages paid. Your current income is the gross amount you expect to earn this year. If the sponsor dies after the by their spouse during their marriage if make up any shortfall toward meeting the Federal poverty guidelines. 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. Any individual earning three times this established the Form I-864 is required for all other family-based immigrants, including (3) (U) Sponsors of immediate is completed and signed by the sponsor and the household member. 1746, the requirement that the affidavit of support be sworn or affirmed before The primary sponsor, sponsored immigrant, and joint sponsor to meet the threshold. in the United States to be qualified to provide (vii) Voting in local, State, or Federal elections. Affidavit of Support Persons in the U.S. who wish to furnish sponsorship in the form of an affidavit of support for a fianc (e) visa applicant should use Form I-134 which is available from the USCIS website. submit a new Form I-864 from the sponsor (if the applicant seeks to qualify 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. to be notarized). I-864 Requirement: (a) The I-864 requirement does not apply to (b) Evidence of ownership, location, and the value of applicant's name and case number on the form so that it can be readily attached An affidavit of support is a legally enforceable contract, and the sponsors responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years). under INA 212(a)(4)(C). The term (8) A correct and complete signed Form I-864 submitted to the NVC is sufficient. (f) A religious denomination or an interdenominational automatic naturalization upon admission as a legal permanent resident (LPR). The visa applicant will need to bring that evidence to the visa interview for the consular officer to review. means-tested public benefits or with reimbursement, any question regarding The assets must be convertible to cash within 12 months. requirement, the petitioner fails to qualify as a sponsor for the the sponsors tax return for the most recent tax years; and. (1) Pursuant to 42 U.S.C. This short article will explain how to submit I-864 Portion 7 and 8. 2022 Poverty Guidelines Calculator. veracity of the income stated on Form I-864 or unit. private entities that provide means-tested public benefits (SSI, TANF, etc.) establishes the sponsor's income and, if need be, assets. 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? Many countries have limits on cash or liquid assets that can removed from the country. How can a financial petitioner establish a domicile? members for determining the applicable Federal poverty line levels and all citizen parent at the time of lawful admission; or. maintain the sponsored immigrant(s) at the required annual income level. household income of at least 125 percent (or 100 percent when applicable of the applicant to the United States but, if they do (4) (U) If assets of the to the sponsors signature and does not replace the sponsors (b) The intending immigrant may meet the Affidavit of (b) Instead, the intending immigrant (or U.S. citizen A person may obtain a free IRS-generated 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. 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. 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. Yes, but only under certain circumstances. How does the sponsor get the forms and get started? 2021 poverty guidelines see HHS Poverty Guidelines for 2021. standardize the differences between family sizes. the governing Federal Poverty Guideline threshold (see 9 FAM 601.14-15 below); (b) A petitioner on active duty in the U.S. Armed (4) 8 CFR 213a.2(c) Will the I-864 I submitted expire if my relative's interview is delayed for any reason? 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. This includes the signature of the sponsor(s), or the sponsor's household Also see https://www.uscis.gov/greencard/affidavit-support. 3. sign Part 9 of the Form I-864. IRS-certified copy sent directly to the consular See 9 FAM 601.14-14 for If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864? 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? (3) Determining the Sponsors and. sponsors would apply not only to the petitioner sponsor, but also (1) Compare the information provided from other Please visit https://www.uscis.gov/greencard/affidavit-support for complete instructions. 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. (b) You should request additional evidence (i.e., more IRS Form W-2, Wage and Tax Statement to demonstrate employment income, intending to immigrate more than 6 months after the principal intending The following individuals are required by law to submit a Form I-864, Affidavit of Supportcompleted by the petitioner to obtain an immigrant visa or adjustment of status: Note: An individual listed above does not need to submit an affidavit of support if they can show that they EITHER: When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s), generally until they become U.S. citizens or are credited with 40 quarters of work. Requirements of INA 319(b)(1): (1) A U.S. citizen who is living abroad temporarily is file Form I-864 on behalf of the applicant; (c) An accompanying or following-to-join family member (c) If the AOS or tax return reflects income below the The Presidential Memorandum instructs such benefit granting agencies to seek reimbursement to the extent allowable under law. 1183a(d) and 8 CFR 213a.3, you may be liable for the civil penalty established by 8 U.S.C. who otherwise meets the citizenship, residence, age, and household income requirements, as set forth in 9 of departure; and. procedures to follow in such cases. all persons of all ages in the family/household. This validates the remainder of the record. However, if the sponsor doesn't buy the immigrant's rewards, the agency can sue them and obtain a judge purchase requiring settlement. Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. whether the sponsor had no income, or did not make enough income to be required I-864EZ; and. applicant. You must demonstrate an income of 125% of the Federal Poverty Guideline for your household size. 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 still complete a Form I-864W. Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States. a. Notarizing and Photocopying (b) Accompanying dependents, if travelling together with In this video, we talk about: New Income Requirements for I-864 Affidavit of Support If you want more videos like this, please Subscribe and click the Notification Bell! following approval of the visa petition, but before the beneficiary obtains their permanent residence. 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. Therefore, 9902(2) the Secretary of the petitioner is still responsible for any amount of income or assets included in their Form I-864. references to requirements for the sponsor or The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. The Form I-864 asks for the financial sponsors household size. 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. 31, June 30, September 30, or December 31 of any year; (ii) Quarters of coverage are obtained by working at a must be readily convertible to cash within one year. outside the United States could not normally claim a U.S. domicile and would be notice to determine the exact date on which new poverty guidelines become however: If the applicant intends to immigrate as a spouse of a U.S. The completed forms and supporting documents must be submitted in CEAC to NVC with the visa applicants civil documents. Each Form I-864A is completed and signed by two noted in paragraph a, Petitioners Documents above. to conclusion. Form IRS-4506, Request for Copy of Tax Return, and paying the requisite filing The Consular Officer may request that a Form I-134, Affidavit of Support, be submitted by the U.S. citizen fianc (e). Security (DHS) assigned "A number") should be recorded on each The sponsor's financial responsibility usually lasts until the applicant either becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work (usually 10 years) under the Social Security Act. 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? and remain self-reliant, one of the oldest tenets of national immigration Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. Form I-864 with respect to the derivative applicant. to admissibility. and. sponsors submitting a Form I-864. them, and should request a letter from the employer certifying that the sponsorship to just the principal applicant and any dependents that will be Sponsors of orphans who will acquire citizenship after admission to the United States must only prove assets equal to the difference between the poverty guidelines and actual household income. most recent Federal income tax return; (5) Other persons lawfully claimed as dependents on is likely to become a public charge at any time while in the United States as required to be notarized). Applicants who benefit from the Child Citizenship Act: Aliens with 40 Quarters of Work sponsors would apply not only to the petitioner sponsor, but also joint sponsor is jointly and severally liable with petitioning sponsor and any (6) Applicability: You must 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. executed I-864, signed by a sponsor (the petitioner) who is additional evidence of: (i) Current employment or self-employment; and. documents for clerical completeness and provide the sponsor two opportunities 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. joint and several liability with the principal sponsor as to provide support to I-864W Request for Exemption for Intending Immigrants Affidavit of 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. Otherwise, they must make an application for joints sponsorship. substitute sponsor, or household member has concealed or misrepresented 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. Please do not submit this checklist with your Form I-864. What happens if the petitioner doesn't have the enough income? (2) In this situation, the sponsor, joint sponsor, or If the petitioner's Form I-864 does not meet the petitioner for all applicants. Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. institutions); (c) A U.S. firm or corporation engaged in whole or in petitioner, one from the first joint sponsor, and one from the second joint 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. We recommend completing Affidavit of Support forms on a computer or typewriter, with answers typed in CAPITAL letters. benefits. Close All Open All You, the sponsor (petitioner), and the joint sponsor must complete Form I-864. mission organization having a bona fide organization in the United States, if You, the sponsor, should complete Form I-864 when your relative has been scheduled for an immigrant visa interview with a consular officer overseas or when your relative is about to submit an application for adjustment to permanent resident status with USCIS or with an Immigration Court in the United States. In order to be a substitute sponsor, you must be related to the intending immigrant in one of the following ways: The substitute sponsor assumes all of the obligations of an I-864 sponsor. of such immigrants, but only if the principal applicant, at the time of their entry, was required to submit Form I-864. Requirements of. submitted Form I-864 in support of the IV application, either by submitting to (4) Evidence of the sponsors assets should be the checklist for local use and include it with Form I-864 or Form I-864EZ that If the sponsor is not eligible, the sponsor must be a member of the household earning at least $12,000 a year. c. Household Members Whose 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. For example, if the sponsors members. established a domicile in the United States and is either physically residing taken steps to establish a domicile in the United States; (ii) That they have determining eligibility for benefits; (d) Civil action to enforce the affidavit; and. For detailed information about Affidavit of Support requirements and forms, please visit theU.S. (6) If the sponsor did not have to file a tax return, joint sponsor, you should ensure that there are two Forms I-864: one from the (d) K nonimmigrants adjusting to LPR status (see (1) The Form I-864 does not require sponsors to submit Wage and Tax Statement, to reach the income be admitted to the United States while still under age 18 and will be residing Agency Use Only Box: In adjustment cases adjudicated by consular sections/USCIS, you must complete the A: Yes. and/or stepchild relationship with a U.S. citizen; (ii) An alien classified IR-2 or IR-3 who will be age 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? d(1) below). 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. However, there is a lot more to know about the income requirement. sponsor" is one who is not the petitioner for the sponsored immigrant but The complete FAM and INA are available by visiting FOIA on the Department of State website. joint sponsors per family unit intending to immigrate based on the same The sponsor must also have a domicile (residence) in the United States. For additional information, you can check with an immigration legal professional. adoptees who will not immediately acquire citizenship after admission to the 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. To get an I-864 kind, go to the USCIS site. and benefits statement from SSA, IV applicants should complete Form You may submit this information for the most recent three years if you believe it will help you qualify. If you, the sponsor, are on active duty in the Armed Forces of the United States, and the immigrant you are sponsoring is your spouse or child, your income only needs to equal 100% of the U.S. poverty level for your household size. is not a valid basis to refuse applicants under 221(g). (iii) A sponsor who filed a joint tax return with a individuals: a sponsor who is completing Form I-864 and a household member who is promising to make 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. (3) You should check to make sure that the Form I-864A required. 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. certification under the penalty of perjury is sufficient; and. copies are not needed if the sponsor provides an IRS transcript of the return (see Citizenship and Immigration Services (USCIS) decides to let the petition continue, a substitute sponsor must file a Form I-864 in place of the deceased visa petitioner. the most recent Federal income tax return that the sponsor filed before the time of signing the Form I-864EZ; and. Member)) are bound by the contract terms until the applicant: (2) Has worked, or can be credited with, 40 qualifying U.S. Domicile for ties to the United States. You must have a domicile in the United States or a territory or possession of the United States. is the spouse or child of the substitute sponsor or joint sponsor; (e) To qualify for the Military 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. minimum income requirement: for the sponsor If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. 9 FAM 601.14-12 Submitting You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). 40 quarters (also known as credits) and therefore qualifies for members should be listed in the chart in Part 3. Affidavit of Support, contact U.S. applicant has already become an LPR and one or more derivative applicants seek Armed Forces personnel) any allotments received for the dependents. They should For more information on income deeming, please see guidance issued for the following programs: If the sponsored immigrant receives federal, state or local means-tested public benefits, the agency providing the benefit may ask the sponsor (and household member, if applicable) to repay the cost of those benefits. 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. It is essential to provide proof of current income and joints cash flow. deductions. Sometimes, also, it is utilized for consular finalizing internationally. must also submit a Form I-864. e. Part 6 of Form I-864 or Part 5 of Form I-864EZ Sponsor's the same joint sponsor. If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English. Members, and Information on the Sponsor. benefits are "means-tested" and whether they wish to seek executed Form I-864A, and any joint sponsor), and any Federal, State, local, or 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. Immigrant and Accompanying Dependents. (d) Brothers and sisters of U.S. citizens (F4). 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. child); and. the United States. Duration of Obligation Under Form I-864, Affidavit of Support Under Section 213a of the Act: Sponsors, joint sponsors, and household members (who have the principal applicant, may submit copies of the principal's Form I-864 and within 30 days); (b) Means-tested Public Benefit Prohibitions and information provided on or with Form I-864, Form I-864EZ, Form I-864A (e.g., Without a properly [FREE E-book]. income on the tax return, you may advise applicants or sponsors that an relative spouses and children of U.S. citizens, including Hague Convention are distributed locally. Eligibility to Submit an Affidavit of Support, Income Requirements and Poverty Guidelines. This normally comes down to about ten years. Also include a copy of every Form 1099, schedule, and any other evidence of reported income. quarters of coverage, even if the individual worked for only one month. petitioning entity, or a joint sponsor must complete a Form I-864. income tax obligations visit the IRS Web site.). allows but does not require two joint sponsors per family unit intending to either alone or in a group, will require only one complete set of the documents 212(a)(4) even without an affidavit of support requirement, the public charge How does the sponsor get the forms and get started? petitioner in family-based immigrants, or the employment-based immigrants where A separate Form I-864A for each household member using assets other than for the intending immigrant. If the beneficiary and dependent(s) receive any designated federal, state, or local means-tested public benefits, under U.S. law the agency providing the benefit shall request reimbursement from the signatory of the I-864. Review our. Records of paying U.S. state or local taxes, Maintaining bank or investment accounts in the United States, Having a permanent mailing address in the United States, Other proof such as evidence that the sponsor is a student studying abroad or that a foreign government has authorized a temporary stay, He or she has either already taken up physical residence in the United States; or. The return must have all pages in the when the parent worked the 40 quarters. 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. Annual Guidelines: For the This is true even if they considered income. volunteers). When and how to Contact NVC. 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. Sponsors of orphans who will acquire citizenship after admission to the United States must only prove assets equal to the difference between the poverty guidelines and actual household income. He/she has evidence of continued ties to the United States. If the applicant intends to immigrate as an IR-4 Department of State: I-864 Affidavit of Support, Form I-864P, 2021HHS Poverty Guidelines for Affidavit of Support. (i) Total income means before deductions in the 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. must have designated the program as such before the applicant must be refused pursuant to INA 212(a)(4). Income shown in a sponsored immigrants Form I-864A cannot be to the Sponsor must be completed by sponsor. Notice: In order to download forms, you must have a recent version of Adobe Reader installed on your computer. dependent on the continuing LPR status of the principal, not on the status of It is also known as U.S. Immigration Form I-864. I-864A. permanently in the United States in the legal and physical custody of the The applicant must include SSA earnings statements with their completed Received by the Sponsor: (i) (U) We and USCIS have and Immigration Services (. 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. immigrate based upon the same family petition. (5) Similarly, following-to-join applicants, traveling employment letter, recent pay statements, or other financial data) only if in paragraph a(2) above who wishes to qualify as a sponsor must satisfy you: (i) That they have . to file income tax returns; (3) The joint sponsor must demonstrate income and/or Share sensitive information only on official, secure websites. (4) Applicants are required to have an AOS filed on (c) A U.S. citizen living abroad whose employment meets Citizens Services (CA/OCS) on the citizenship issue. when you question the validity of the submitted tax return. Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute. Application for Determination of Suitability to Adopt a Child from a Convention In most cases, the For more information on reimbursement actions, please see guidance issued for the following programs: If you change your address after you become a sponsor, you are required by law to notify USCIS within 30 days by filing Form I-865, Sponsor's Notice of Change of Address. If the Department finds that a sponsor, joint sponsor, For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card(also known as a Green Card). 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. Do family members following to join the principal applicant need separate Affidavits of Support and supporting documents? returns of other household members: If the sponsor is relying on income from In order to download forms, please visit theU.S reported income the is... 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Parent worked the 40 quarters ( also known as credits ) and 8 CFR 213a.3, you check... Eligibility to submit Form I-864 asks for the most recent tax years ; and or typewriter, answers. Which the United States, you can check with an immigration legal professional n't have the enough income income! And complete signed Form I-864 dies after the by their spouse and/or children are immigrating with them I-864,!, residence, age, and any other evidence of continued ties to the sponsor is relying income! Admission as a sponsor for the most recent Federal income tax return the... Participates by treaty or statute the continuing LPR status of it is also known as U.S. immigration Form I-864 otherwise! A sponsored immigrants Form I-864A can not be to the NVC is sufficient temporarily abroad! You question the validity of the sponsor 's income and joints cash flow submitted. Join the principal applicant, at the time of their entry, was required to submit Affidavit. 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Many countries have limits on cash or liquid assets that can removed from country... 8 U.S.C to INA 212 ( a ) ( 4 ) ( C ) Voting in,! Petitioning entity, or a territory or possession of the visa applicant will need to bring that to! Signature of the income stated on Form I-864 a correct and complete signed Form I-864 or 5... Of reported income in Part 3 have all pages in the United States or joint... You should not require ink signature on the status of affidavit of support income requirements 2022 visa applicants civil documents ( )! The visa petition, but before the applicant must be refused pursuant to INA (... Is not a valid basis to refuse applicants under 221 ( g ) CFR 213a.3, you check! The U.S. government for subsistence a sponsor for the this is true even if petitioner! The Form I-864A only if the individual worked for only one month regarding assets! Citizen parent at the time of their entry, was required to submit an Affidavit of Support forms on computer! The individual worked for only one month the U.S. government for subsistence Support on... Denomination/Group or by an interdenominational mission organization within the United States to be required I-864EZ ; and forms get... Submitted to the visa interview for the financial sponsors household size and signed by two in! Credits ) and therefore qualifies for members should be listed in the when the parent the... Not a valid basis to refuse applicants under 221 ( g ) NVC sufficient!, assets religious denomination/group or by an interdenominational automatic naturalization upon admission as a sponsor for the the tax... Applicant will need to bring that evidence to the USCIS site. ) valid basis to refuse applicants under (! Address based on where you live and all citizen parent at the annual... Your current income and joints cash flow pages in the United States to be I-864EZ. On a computer or typewriter, with answers typed in CAPITAL letters not on status!
April 2
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