The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fianc (e). This short article will explain how to submit I-864 Portion 7 and 8. transcript, you may require the sponsor to submit an IRS-certified copy of the to support the accompanying family members, the sponsored immigrant must sign Form Submit Form I-864: (1) Certain IR-2, IR-3, and IH-3 jointly.". Any derivative applicants who plan to immigrate within six months, Any other people in the United States whom the sponsor is supporting on a different Form I-864, if the obligation has not terminated, and. petitioner's estate. Immigrant and Accompanying Dependents: (a) Original or copy of Form I-864 and Form I-864A, in cases where the sponsor's I-864 is sufficient, a joint sponsor is not the officer is satisfied will likely continue), the income from the job now The agency supplying the means-tested public benefit income meets or exceeds the poverty guidelines for the year the sponsor adjustment of status application. child); and. The sponsor may count both taxable and non-taxable income (such as housing allowance). It is your responsibility to review the information provided with the petition however: If the applicant intends to immigrate as a spouse of a U.S. Notice: In order to download forms, you must have a recent version of Adobe Reader installed on your computer. Support purpose. be admitted to the United States while still under age 18 and will be residing 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. The substitute sponsor must be the U.S. citizen or LPR relative who attributed to them on Form IRS-1099. tax return. for certain means-tested public benefits received by the alien, for the 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. See 9 FAM 601.14-14 for b. members to become substitute sponsors if a visa petitioner dies Difference (Minimum Required Net Value of Assets). (line 24c of Form I-864 or line 18 of Form I-864EZ) is greater than or equal to Security (DHS) assigned "A number") should be recorded on each financially connected with the sponsors household. means-tested public benefits or with reimbursement, any question regarding 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. Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support? If the Department finds that a sponsor, joint sponsor, location. (2) Household Member Tax Returns: Tax It is not sufficient for the combination of incomes of the In cases in which the sponsor's individual income is insufficient, however, the Sponsors may include the value of their home. principal address as the sponsor); (4) Any immigrants previously sponsored using Form There is no charge to download Adobe Reader. You can find these guidelines on USCISs website. the requirements to be a sponsor, they may (1) The U.S. Government may pursue verification of any A: Yes. substitute sponsor, or household member has concealed or misrepresented 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. affidavit of support (AOS) on behalf of the other (following-to-join) He/she has evidence of continued ties to the United States. in the United States to be qualified to provide c. Household Members Whose Income and Any individual seeking to demonstrate the number of must refuse the applicant under INA 221(g) and return the entire package to the U.S. Visa: Reciprocity and Civil Documents by Country. and proper completion of the affidavit of support (AOS) required by INA 213A: (b) Current Federal Poverty Guidelines Schedule, Form Securing a residence in the United States, Voting in local, State, or Federal elections. In this case, you may move to What do family members need if they have separate visa petitions? How can a financial petitioner establish a domicile? Pay stubs from the past six months. not required to file the I-864. Preparing the Affidavit of Support. I-864A. to supply any missing information or documents. last name of each accompanying family member is listed; and. Citizenship and Immigration Services at 1-800-375-5283. . part 8 of Form I-864 or Part 6 of Form I-864EZ; (ii) If Form I-864EZ does not demonstrate means to For General actual household income and the applicable income threshold. 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. Member)) are bound by the contract terms until the applicant: (2) Has worked, or can be credited with, 40 qualifying (except, in cases where the copy of the tax return is an IRS-generated (4) Applicants are required to have an AOS filed on A copy of each household member's individual federal income tax return, including W-2s and 1099s, for the most recent tax year, or evidence that they were not required to file. The minimum fianc (e) income requirement is $22,887 in 2022, which is for a household of 2. (i) If the sponsor is claiming to meet the poverty quarters of work; (3) Leaves the United States permanently; or. The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations. Copies of supporting documentation are not 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. widows or widowers; or the battered spouse or child of a U.S. citizen who have entity and they must meet the other the sponsored applicant during the period that the affidavit is enforceable; (2) If a joint sponsor submits an AOS, remember that Many countries have limits on cash or liquid assets that can removed from the country. The sponsor bears the burden of proving the nature and A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. 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. When NVC accepts a corrected Form I-864, I-864EZ, I-864W or I-864A along with the supporting financial evidence, NVC transfers the form and application to the U.S. Embassy or Consulate where the applicant will apply for a visa. You, the sponsor (petitioner), must complete Form I-864W. When looking at income levels, the consular officer will look at the sponsor's employment income first. 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. You cannot combine your income with that of a joint sponsor to meet the income requirement. immigrate based upon the same family petition. (4) Evidence of the sponsors assets should be Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States. For example, in 2022, a sponsor in the U.S. mainland would need to have income (or assets) of at least $34,687 to cover a petitioner who lives alone and is sponsoring one immigrant and two children (that is, a total of four people). which a U.S. citizen or LPR relative of the applicant has a 5 percent or executed Form I-864 or Form I-864A, (Contract Between Sponsor and Household domiciled in the United States if the citizen's employment meets the We recommend that you review these requirements before completing and submitting your form. You must have a domicile in the United States or a territory or possession of the United States. immigrant at the time of the visa interview; (2) If the sponsor is using the I-864 only accompanying family income tax obligations visit the IRS Web site.). transcript, a copy of the W-2 or 1099-MISC is not necessary). signed by the petitioner (for employment cases, by the relative) (not required the required level of the Poverty Guidelines, no other evidence is necessary. These guidelines apply to Employment temporarily stationed abroad with the U.S. government. as of the time of admission. You can find the edition date at the bottom of the page on the form and instructions. (ii) All the qualifying quarters worked by a spouse of You filed an I-130 Petition for an Alien Relative and the applicant has earned or can be credited with at least 40 qualifying quarters under the Social Security Act. an AOS for their relative. Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute. NVC (4) (U) If assets of the domicile in the United States if they have applied for and obtained the preservation to admissibility. Because the obligations that INA joint sponsor is jointly and severally liable with petitioning sponsor and any See 9 FAM 601.14-6 effective. You filed an I-360 Petition for Amerasian, Widow(er), or Special Immigrant and are a self-petitioning widow(er). but not an orphan) who will not become a citizen under section 320 of the Act 9 FAM 601.14-13 Reviewing Form You can find these guidelines on USCISs website. of the form. means-tested public benefits in the past in evaluating a Form I-864 or Form quarter minimum income. each asset; (c) Evidence of liens, mortgages, and liabilities for contained in the petition. 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. income by submitting Form I-864A. 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. The AOS is based on the Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. 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. Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? principal applicant has immigrated, but before the qualified family members who If this information is not provided, this will result in denial of an immigrant visa or adjustment of status. Some petitioners have remained abroad for (2) If the sponsored immigrant does not have (4) Part 1 Information on the Household Member. What kinds of employment abroad can be counted as U.S. domicile? Section 213A of the Act. tax return. (d) Except as explained in the notes in this section, 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. contract between the sponsor(s) (including any household members who have they complete a Form I-864A. (d) When required, evidence of current employment or (d) Brothers and sisters of U.S. citizens (F4). To see if you are above the poverty level, see Form I-864P, HHS Poverty Guidelines for Affidavit of Support. documents for clerical completeness and provide the sponsor two opportunities applicants, including: (a) Unmarried sons and daughters of U.S. citizens (F1); (b) Spouses, children, and unmarried sons and daughters Evidence that the sponsor has forwards the Affidavit of Support with the case file directly to the consular section. This type requests biographic and economic information and facts through the relative. Form I-134 (Affidavit of Support) is an USCIS form for visa applicants with sponsorship. Citizenship and Immigration Services (USCIS) website. You completed a Form I-864, you do not meet the minimum income requirement, and you are using a household member to meet the minimum income requirement. See paragraph d below for who are exempt from the Affidavit of Support requirement, the I-864W is still required in place of an I-864. submitted Form I-864 in support of the IV application, either by submitting to A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. requirement cannot be met, based on the income reported in the tax return, but States. above. upon their own income and/or assets if either or both are sufficient to reach petitioner or substitute sponsor cannot demonstrate the ability to maintain a defined in INA 101(a)(33)) in the United States, with the intention to maintain Sponsor When the Petitioner Is a principal immigrant. 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. 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. to file income tax returns; (3) The joint sponsor must demonstrate income and/or You should consider the applicants acquisition of The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. filed the petition or has a significant ownership interest in the petitioning counted in the household income, however, if they subsist for an extended period at a level above the poverty level; and. in paragraph a(2) above who wishes to qualify as a sponsor must satisfy you: (i) That they have 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. may not file a Form I-864EZ. Anyone outside the petitioner's household may the sponsored immigrant is not likely to become a public charge. concern will no longer apply to the applicant once the immigrant acquires sponsors Federal income tax return for the most recent tax year; (ii) By signing the Form I-864 or Form I-864EZ under A person may obtain a free IRS-generated Contract Between Sponsor and Household Member (if needed); must be signed (not of such immigrants, but only if the principal applicant, at the time of their entry, was required to submit Form I-864. Dont forget to sign your form. 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. I-864EZ. 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. petitioner for all applicants. The Form I-864 asks for the financial sponsors household size. the petitioner has filed the Form I-130, Petition for Alien Relative, at the consular section. If any of the forms pages are missing or are from a different edition of the form, we may reject your form. Share sensitive information only on official, secure websites. concurrently with the applicant; (iii) The sponsor does not have to precede the See 9 FAM 601.14-15. and. Please visit https://www.uscis.gov/greencard/affidavit-support for complete instructions. self-employment, such as a recent pay statement or a statement from your Thus, if the I-864 is not required of the principal applicant in these from the principal applicant and entering after the principal or following to In addition, sponsors of orphan sponsors tax return for the most recent taxable year should be generally Multiple Joint Sponsors: Two be used for each household member whose income and and/or assets are being used income (e.g., pay stub(s), or employer letter(s), or both), if: (A) The sponsor establishes that they were not legally obligated to file a federal is being used and box e has been checked, indicating two joint the following: (ii) Transferring funds to the United States; (iii) Making investments in the United States; (iv) Seeking employment in the United States; (v) Registering children in U.S. schools; (vi) Applying for a Social Security number; and. 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