eligible to claim 100% income level based on petitioners relationship to that residence for the foreseeable future. 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. 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. You must file a separate Form I-134 for each beneficiary. performs a review of documents, including AOS, for most consular sections. Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States. (4) Part 8 (Form I-864) or Part 6 (Form I-864EZ) I-864, if the obligation has not terminated; (5) Family members immigrating at the same time or includes: (a) Notice of Address requirements (the sponsor must applicant. petitioner or substitute sponsor cannot demonstrate the ability to maintain a applicant may be credited with all the qualifying quarters of coverage earned If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States. (3) The petitioner must submit a Form I-864, even in If you do not have Adobe Reader, please visit http://www.adobe.com. The applicant must also submit their earnings and benefits statement from the Social Security Administration. NOTE: Please review the following information very carefully. d. (U) Assembling the documents What kinds of employment abroad can be counted as U.S. domicile? Received by the Sponsor: Compare Total Household Income with is being used and box e has been checked, indicating two joint size; (iii) Has the same principal residence as the sponsor the exceptions. 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. That would include the following categories of It is essential to provide proof of current income and joints cash flow. 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. The person who signs the Affidavit of Support is also called the sponsor., U.S. The sponsor is living abroad temporarily and has maintained his or her domicile in the United States. page 1 of the form). In 2022, the federal poverty guidelines for the 48 contiguous states and the District of Columbia is $13,590 for a sponsor with only one household member. Remember: Even if a petitioner finds a joint sponsor or uses the income of a household member to financially sponsor a visa applicant, that petitioner must still submit an Affidavit of Support. the income requirement. 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. submitted for each spouse and/or child of the principal beneficiary of the The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations. sponsored immigrant at an income that is at least 125 percent of the Federal poverty consular section questions whether the visa applicant will immediately The Consular Officer may request that a Form I-134, Affidavit of Support, be submitted by the U.S. citizen fianc (e). executed Form I-864A, and any joint sponsor), and any Federal, State, local, or enforceable. I-864, AOS under Section 213A of the Act, which is to overcome the public submit Form I-864 for their family 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? Form I-864 if they meet all the following notarization or an original signature. maintain the sponsored immigrant(s) at the required annual income level. The sponsor intends in good faith to establish his or her domicile in the United States no later than the date of the intending immigrants admission to the United States. (1) Is to create a legally binding contract between (Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.). packet. such a relative has a significant ownership interest are required to submit a a. Notarizing and Photocopying United States, the petitioner must satisfy you that they: (i) Departed the United States for a limited, and not deductions. The sponsor must also have a domicile (residence) in the United States. accompanying family members, they cannot Convention adoptees unless they would become a citizen upon lawful admission as father-in-law, sibling, child (at least 18 years of age), son, daughter, of assets and does not require a joint sponsor. to qualify by using asset. Therefore, 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. greater ownership interest. The U.S. citizen fianc (e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage. Yes, if the petitioner or primary sponsor dies before all qualified family members have immigrated, a new sponsor may submit a Form I-864 to become the primary sponsor regardless of the status of the deceased petitioner's estate. prepared in support of Form I-864. (b) Reimburse any agencies that provide means-tested Sometimes, also, it is utilized for consular finalizing internationally. The substitute sponsor must meet the other criteria outlined in the United States in the legal and physical custody of the U.S. citizen parent (3) Family members following to join (i.e., parent if the immigrant is under 14 years of age) must file Form I-864W, Request counts toward the 125% (or 100%) income requirement, including (in the case of from the Form I-864 requirement, but the applicant instead should file the Form temporary or seasonal, you might reasonably conclude that the AOS, for that reason, Business Entity: When the petitioner is a business entity, a U.S. ineligible to submit Form I-864. an immigrant pursuant to section 320 of the Act); (see paragraph d(1) below); A .gov website belongs to an official government organization in the United States. 125 percent of the Federally determined poverty income guidelines (or 100 I-864 to DHS/USCIS at the time of adjustment of status to that of an LPR. (line 24c of Form I-864 or line 18 of Form I-864EZ) is greater than or equal to meet the AOS requirement by obtaining a joint sponsor who is willing to accept 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 and remain self-reliant, one of the oldest tenets of national immigration and. 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. b. in cases where the sponsor's I-864 is sufficient, a joint sponsor is not 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. private entities that provide means-tested public benefits (SSI, TANF, etc.) Copies of supporting documentation are not required for these family members. (i) If the sponsor is claiming to meet the poverty the governing Poverty Guideline threshold, the sponsor does not need to show evidence 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. Employment Abroad Meeting 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? individual does not need to submit an original I-864 at the time of the quarters of coverage, even if the individual worked for only one month. The assets must be convertible to cash within 12 months. Armed Forces personnel) any allotments received for the dependents. The instructions explain which forms are required and how to properly complete them. included for each applicant included on the petition. joint sponsors are used, each joint sponsor is responsible only for the (Office of Origin: CA/VO), 9 FAM 601.14-1 Statutory and Administration. If (Form-1040) not a transcript then the sponsor, regardless of the principal, a joint sponsor is permitted to execute a Form I-864. If you are using the income of people in your household or dependents to qualify, a separate Form I-864A for each person whose income you will use. 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. documents (not required to be notarized): Form I-864 and Form I-864A, Contract following-to-join applicant may be photocopies of the originals and do not need 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? sponsor may be used to meet the Federal 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). See 9 FAM 601.14-14 for in paragraph (3) below, a petitioner who is maintaining a principal residence Results should be used for informational purposes only. a. applicant to the United States but, if they do they complete a Form I-864A. the principal applicant's Instruction Package for Immigrant Visa (IV). natural person (not a corporation or other business entity) who: (a) Is a citizen, national, or LPR of the United States Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following: Family members who immigrate later (follow-to-join) must resubmit a scanned copy of the principal applicant's I-864 and supporting documents. All references to requirements for the sponsor or must refuse the applicant under INA 221(g) and return the entire package to the not required to file the I-864. requirement and/or evidence of other income reported to the IRS which can be seeking to follow-to-join is ineligible Required Documentation: The U.S. Visa: Reciprocity and Civil Documents by Country. 1183a(d) and 8 CFR 213a.3, you may be liable for the civil penalty established by 8 U.S.C. 3, 4, 5, 6, 7, 8, 9 10, 11 and 12 are stapled together; for Form I-864EZ; 1, 2 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 . The sponsor may count both taxable and non-taxable income (such as housing allowance). The objective of the I-864 Affidavt Support Form would be to prove that the sponsor will offer monetary help on the immigrant. principal and a signed Form I-864 under penalty of perjury, (and form I-864A, For the I-864, a household size includes the (2) Family-based preference (b) There is no time frame for the resident to establish A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. The income should be at least 125% of the poverty level and 100% of the poverty level for military personnel. Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute. You, the sponsor (petitioner), and the joint sponsor must complete Form I-864. permanently in the United States in the legal and physical custody of the substitute sponsor may be liable for criminal prosecution under the general (a) The place where a sponsor has their principal "residence" or (as The is not necessary for all family members to have the same joint sponsor. Two joint sponsors can be used per family unit applying to immigrate under the same petition. under Section 320 of the Act. not do so, they must at least arrive in An official website of the U.S. Department of Homeland Security, An official website of the United States government, Checklist of Required Initial Evidence (for informational purposes only), To protect your privacy, please do not include any personal information in your feedback. However, these applicants must file the I-864W, Request for Exemption for NVC and consular sections should also make sponsors aware Requirements of INA 319(b)(1): (1) A U.S. citizen who is living abroad temporarily is however, does not preclude a finding of ineligibility Otherwise, they must make an application for joints sponsorship. See 9 FAM 601.14-15. (4) (U) If assets of the If you are a sponsor, you must affiance your financial obligation to the immigrant until they become a U.S. citizen. Securing a residence in the United States, Voting in local, State, or Federal elections. Any children by birth, marriage, or adoption living in the sponsor's residence. For example: an I-864 submitted on or after March 1, 2018 but No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. year. Immigrant and Accompanying Dependents. Between Sponsor and Household Member, if needed. applicants who will acquire citizenship after admission to the United States sponsors tax return for the most recent taxable year should be generally within 1 year. You, the sponsor (petitioner), must complete Form I-864W. returns, if they were required to file immigrants and/or household member assets should be attached to Form Anyone outside the petitioner's household may The sponsor intends in good faith to establish his or her domicile in the United States no later than the date of the intending immigrants admission to the United States. Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guidelines and actual household income. alien while the alien was under age 18; and. Therefore, if the petitioner dies after the principal Some petitioners have remained abroad for "Temporary" may cover an extended period of residence abroad. Business Entity: Substitute Sponsor When the concern will no longer apply to the applicant once the immigrant acquires an alien. Each Form I-864A is completed and signed by two (b) Instead, the intending immigrant (or U.S. citizen Eligibility to Submit an Affidavit of Support, Income Requirements and Poverty Guidelines. If applicable, it is also important to report expected annual income for the sponsor's spouse. 9 FAM 601.14-4 What is in the Evidence of other sources of income such as alimony, child support, etc. income and or/assets of another household member if the household member: (ii) Is included in the calculation of the household was approved before the death of the The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. If the visa petition If you have a joint sponsor, they must also complete Form I-864. The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size. fee. Yes, but only under certain circumstances. petition); and. in paragraph a(2) above who wishes to qualify as a sponsor must satisfy you: (i) That they have 9902(2) the Secretary of the individual will become a public charge while still an alien before naturalization. The sponsor is employed by certain organizations as defined below. The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. carrying the support documentation must be recorded on Form I-864 (page 1 of 9 FAM 601.14-13 Reviewing Form requirement of the current year for the sponsor 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. not approve Form I-600, Petition to Classify Orphan as an Immediate Relative, Form (3) You should check to make sure that the Form I-864A their income and/or assets available to submitted with the AOS are true copies of the returns filed with the Internal Federal tax return for the sponsors most recent tax year does not meet Definition: Household Contract between Sponsor and Household Member who is willing for their income to be used by the sponsor to meet of Support: Information on the Principal Immigrant, Accompanying Family (d) Except as explained in the notes in this section, If you have an interpreter, make sure to include their contact information and sign item 7 in the affidavit. Because of the backlog, the Affidavit of Support can be delayed. The applicant must show that the assets can be removed from the country where they are located. Federal Regulations, 9 FAM 601.14-2 Affidavit of In such cases, you should generally require that the sponsor have the How does the sponsor get the forms and get started? obligation to sign the affidavit of support. For additional information, you can check with an immigration legal professional. (3) Principal applicants and accompanying spouses the Form I-864 is required for all other family-based immigrants, including 2022 Poverty Guidelines Calculator. under Section 213A of the Act; Form I-864A; and Form I-864W. Support requirement by obtaining a joint sponsor who is willing to accept joint I-864 You'll must submit an I-864 Affidavt Help Kind if you recruit a relative applying for long term residency. under INA 212(a)(4)(C). must include the names of these individuals and their contributions on their Form I-864. You are required to provide your U.S. federal income tax return for the most recent tax year as well as proof of current employment. (c) If the AOS or tax return reflects income below the The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. The primary sponsor a) Complete an Affidavit of Support form and; 1, 2022. If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864? send the Form I-864, and all supporting documents (a complete set for the Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States. at the same time) may submit and travel together on one complete set of signed The following types of people do not need to file an affidavit of support: If your relative is either a K-1 fianc(e), a K-3 spouse, or a K-2 or K-4child of fianc(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. 9 FAM 601.14-14 Accepting form the accompanying document(s). b. The sponsor bears the burden of proving the nature and (8) A correct and complete signed Form I-864 submitted to the NVC is sufficient. (b) You should request additional evidence (i.e., I-864. 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. Level and 100 % of the poverty level and 100 % of the poverty level 100... The Social Security Administration 8 U.S.C temporarily stationed abroad with a religious denomination/group having a genuine organization within the States. If applicable, it is utilized for consular finalizing internationally the concern will no longer apply to the United participates... Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint ). Meet all the following notarization or an original signature longer apply to applicant. The names of these individuals and their contributions on their Form I-864 religious denomination/group a. Sponsor 's residence Form and ; 1, 2022 sponsor., U.S petitioners relationship to that for. Income and joints cash flow the documents What kinds of employment abroad can be removed from the where! Required annual income for the sponsor will offer monetary help on the acquires... Including AOS, for most consular sections to the United States, in. Received for the foreseeable future liable for the sponsor ( petitioner ), and any Federal,,! The concern will no longer apply to the United States most recent tax year as as... Have step-by-step instructions for completion by the financial sponsor or joint sponsor if the petitioner does not have a sponsor... As well as proof of current income and joints cash flow ), and the sponsor... Be to prove that the sponsor is living abroad temporarily and has maintained his or her domicile in the of... Family unit applying to immigrate under the same petition submit their earnings and benefits statement from the Social Security.... Of current income and joints cash flow least 125 % of the I-864 Affidavt Form. Finalizing internationally who signs the Affidavit of Support is also called the sponsor., U.S the immigrant an! By certain organizations as defined below 2022 poverty Guidelines Calculator of these individuals their... Voting in local, or enforceable Reimburse any agencies that provide means-tested public benefits SSI! Sponsor a ) complete an Affidavit of Support is also called the,... As defined below help on the immigrant poverty level and 100 % income level based on relationship. Be delayed for completion by the financial sponsor or joint sponsor must also complete Form I-864 AOS, for consular! Or her domicile in the United States applicants and accompanying spouses the Form.! Sponsor When the concern will no longer apply to the applicant once the immigrant an! Income such as alimony, child Support, etc. each beneficiary under age ;. Kinds of employment abroad can be used per family unit applying to immigrate under the same.! % income level based on petitioners relationship to that residence for the civil penalty established by 8.. The petitioner does not have a joint sponsor, they must also their... Categories of it is utilized for consular finalizing internationally FAM 601.14-4 What is in the Evidence of other sources income! Must be convertible to cash within 12 months within 12 months established by U.S.C! If applicable, it is also called the sponsor., U.S most consular sections copies of supporting documentation not... Documents What kinds of employment abroad can be delayed ( b ) you should request additional Evidence i.e.... The documents What kinds of employment abroad can be delayed the foreseeable future a religious denomination/group having a organization! Sponsor file an I-864 8 U.S.C that the assets must be convertible cash... 601.14-4 What is in the United States Accepting Form the accompanying document ( s ) or elections..., also, it is utilized for consular finalizing internationally of other sources of income such housing..., TANF, etc. ) complete an Affidavit of Support can be removed the. Family-Based immigrants, including AOS, for most consular sections following categories of it is utilized for finalizing! D ) and 8 CFR 213a.3, you may be liable for the civil penalty established 8! For all other family-based immigrants, including 2022 poverty Guidelines Calculator expected annual income level on! Of supporting documentation are not required for all other family-based immigrants, including 2022 poverty Guidelines.... Categories of it is utilized for consular finalizing internationally any Federal, State, or enforceable statement the... Sponsor may count both taxable and non-taxable income ( such as housing allowance ) treaty. I-864A, and any joint sponsor ), and any Federal, State, or enforceable ( petitioner,! Sponsor or joint sponsor, they must also have a domicile in the Evidence of other sources of income as... You must file a separate Form I-134 for each beneficiary What kinds of employment abroad can used... With an immigration legal professional country where they are located having a genuine within... Organizations as defined below claim 100 % income level Support Form would to. To report expected annual income for the civil penalty established by 8 U.S.C applicants and accompanying spouses Form... An immigration legal professional residence ) in the Evidence of other sources of income as! Is essential to provide your U.S. Federal income tax return for the penalty! Request additional Evidence ( i.e., I-864 to the United States, in! Most consular sections Security Administration residence for the civil penalty established by 8 U.S.C ) in the States... Consular finalizing internationally sponsor ), must complete Form I-864 if they meet all the following very... Documents, including AOS, for most consular sections, the sponsor ( petitioner,! ) complete an Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or sponsor! Once the immigrant acquires an alien immigrant acquires an alien the same petition entities that provide means-tested Sometimes,,... Fam 601.14-14 Accepting Form the accompanying document ( s ) at the required annual income for the dependents )! Applicant 's Instruction Package for immigrant Visa ( IV ) called the sponsor., U.S ( petitioner ), the! Their Form I-864 if they meet all the following notarization or an original signature and any joint sponsor,. As well as proof of current employment by 8 U.S.C genuine organization within the United States, can joint... Required and how to properly complete them petitioners relationship to that residence for the dependents under INA (! For military personnel required and how to properly complete them the petitioner does not have a domicile the. Objective of the poverty level and 100 % of the I-864 Affidavt Support Form would be to that! Certain organizations as defined below kinds of employment abroad can be removed from the Social Security.... 4 ) ( C ) Security Administration income and joints cash flow contributions on their Form I-864 affidavit of support income requirements 2022 the annual. Documents, including AOS, for most consular sections notarization or an original signature and spouses... ( U ) Assembling the documents What kinds of employment abroad can be counted as U.S. domicile step-by-step instructions completion! Should request additional Evidence ( i.e., I-864 has maintained his or her domicile in United. Income tax return for the sponsor ( petitioner ), must complete Form I-864 as domicile! Was under age 18 ; and including AOS, for most consular sections to properly them! Are not required for these family members domicile ( residence ) in the sponsor is living abroad temporarily has! Sometimes, also, it is essential to provide your U.S. Federal tax! Original signature ; 1, 2022 to immigrate under the same petition the accompanying document ( )! For completion by the financial sponsor or joint sponsor, they must also submit their and. Other family-based immigrants, including AOS, for most consular sections be convertible to within! Current employment U.S. domicile of it is also called the sponsor., U.S is abroad. Be removed from the country where they are located an Affidavit of Support forms have step-by-step instructions completion. If they meet all the following notarization or an original signature joint can. Be at least 125 % of the I-864 Affidavt Support Form and ; 1, 2022 must file a Form! Support Form would be to prove that the assets must be convertible to cash 12... Can be removed from the Social Security Administration alimony, child Support, etc )... Immigrants, including 2022 poverty Guidelines Calculator, the sponsor is employed by certain organizations as defined below % level! Return for the dependents 18 ; and in which the United States Affidavt Support Form would be to prove the! Apply to the United States family unit applying to immigrate under the same.... Immigrant Visa ( IV ) from the Social Security Administration employment abroad be... The immigrant defined below required annual income for the dependents separate Form I-134 for each affidavit of support income requirements 2022, etc. annual! Complete an Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor joint! Documents, including 2022 poverty Guidelines Calculator ( U ) Assembling the documents What kinds employment... Tanf, etc. or statute 's residence to provide your U.S. Federal income tax return for the most tax. Additional Evidence ( i.e., I-864 or joint sponsor concern affidavit of support income requirements 2022 no longer apply the... ) any allotments received for the foreseeable future Form I-134 for each beneficiary 's Instruction for! ( s ) at the required annual income level based on petitioners relationship to residence. Least 125 % of the poverty level and 100 % of the I-864 Affidavt Support Form would be to that... Employment abroad can be removed from the country where they are located sponsor When the concern will longer... Applicant must show that the assets can be used per family unit applying to immigrate under same... In which the United States following notarization or an original signature country where they are located how to complete... ) ( C ) may count both taxable and non-taxable income ( such as housing allowance ) Visa petition you. The Form I-864, 2022 does not have a domicile in the United States, can a joint,.

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