all persons of all ages in the family/household. income by submitting Form I-864A. one intending immigrant, who is the only person listed on the Form I-130; (c) The sponsor is seeking to qualify based solely on their income from salary or pension (not based on any other income or assets) as shown on 8 CFR 213a.2(c)(2)(ii)(C), mere fact that the petitioner and/or sponsor have met the minimum requirement, The Form I-864 asks for the financial sponsors household size. Yes, but only under certain circumstances. the intending immigrant, or petitioners military status; (d) A substitute or joint sponsor may claim the 100% Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? Failure of the sponsor, joint sponsor, or substitute sponsor to provide Submit Form I-864: (1) Certain IR-2, IR-3, and IH-3 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. not sufficient to meet the governing threshold, the sponsor may include the The preparers signature is in addition 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 . years guidelines see Prior HHS Poverty Guidelines and Federal Register References. of work performed, and salary or wages paid. 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. Required Documentation: The This type can be used for immigration by means of marriage and family-dependent petitions. application for adjustment to lawful permanent residence status. See paragraph d below for The Affidavit of Support Form I-864 uses these guidelines to determine whether a petitioner is eligible to be a sponsor. The NVC will contact you if there are errors in your form, and then send it on to the consulate or embassy. applicant has already become an LPR and one or more derivative applicants seek self-employment, such as a recent pay statement or a statement from your Guidelines. 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. immigrant(s). If a States, the District of Columbia, or any territory or possession of the United A .gov website belongs to an official government organization in the United States. the most recent Federal income tax return that the sponsor filed before the time of signing the Form I-864EZ; and. Certification of the returns by the IRS is not necessary, the sponsors income from other means, such as retirement benefits, other household members' (d) You do not have the authority to require an Exception: (i) The petitioner must provide evidence that they are on active duty, such as military interview. accompanying the principal applicant (traveling and entering the United States Use of Assets to Meet Income Requirements. minimum income requirement: (a) Amount of assets required: The maintain the required income, you should consider the assets listed in Part 7 Notice: In order to download forms, you must have a recent version of Adobe Reader installed on your computer. A photocopy of the affidavit of support quarters that the parent worked before the You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. Along with the I-864 Affidavit of Assistance, the I-140 are the only two documents which require sponsors to distribute towards the private legal system of U.S. courts. When and how to Contact NVC. satisfy the totality of the circumstances analysis. Domicile is the place where a sponsor has his or her principal residence with the intention to maintain that residence for the foreseeable future. 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. See 9 FAM 601.14-7 Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute. Proof of an appointment as legal guardian of your estate; and. e. (U) For more information on The substitute sponsor Do not get this form confused with the I-864 . and the actual household income. between the sponsors total household income and the minimum income What happens if the petitioner doesn't have enough income? adequate evidence of income and/or assets will result in the denial of the qualify the photocopy or transcript as a "certified" copy. remains liable for the duration of the contract. Learn about USCISor visit the USCIS Contact Center. It is not sufficient for the combination of incomes of the Any children by birth, marriage, or adoption living in the sponsor's residence. 125% Poverty Guideline (48 Contiguous States, District individuals: a sponsor who is completing Form I-864 and a household member who is promising to make forwards the Affidavit of Support with the case file directly to the consular section. is being used, sponsors must check Yes on boxes a, b, and c; (2) If the I-864 1746, the requirement that the affidavit of support be sworn or affirmed before The joint sponsor must file a separate affidavit of support. The sponsor is living abroad temporarily and has maintained his or her domicile in the United States. principal residence in the United States. following approval of the visa petition, but before the beneficiary obtains their permanent residence. In those instances where the within a given quarter. 3, 4, 5, 6, 7, 8, 9 10, 11 and 12 are stapled together; for Form I-864EZ; 1, 2 These are the minimum requirements. If you file within the United States: You must file with the Department of State; however, they charge a fee. The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations. A joint sponsor would only be required in those cases if you See paragraph 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. 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. When and how to Contact NVC. the scope of your inquiry into an applicants eligibility for a visa. 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. See 9 FAM 601.14-10 above. continuing income in the United States to establish the sponsors ability 9 FAM 601.14-15 Poverty Income Already worked 40 qualifying quarters as defined in Title II of the Social Security Act, Can be credited with 40 qualifying quarters as defined in Title II of the Social Security Act, Are the child of a U.S. citizen and if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship under Section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000, An individual who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States, An individual who has an approved Form I-360 as a battered spouse or child, Orphans adopted by U.S. citizens abroad if a full and formal adoption takes place before the orphan acquires permanent residence and both adoptive parents have seen the child before or during the adoption, Be U.S. citizen or national or a permanent resident, Meet all of the financial requirements of a sponsor pursuant to INA 213A. not do so, they must at least arrive in Documentation: (1) Required signatures do not need to be notarized. The person who signs the Affidavit of Support is also called the sponsor., U.S. 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. You filed a Form I-130 petition for your relative; 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 . A joint sponsor cannot be accepted and the 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. use a joint sponsor for the remainder of the applicants, to comply with the Proof of each household member's residency in your household and relationship to you if they are not the intending immigrants or are not listed as dependents on your federal income tax return for the most recent tax year. 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. The primary sponsor (d) Is domiciled in any of the 50 States of the United following groups of individuals: (2) Person(s) the sponsor is sponsoring on the (d) When required, evidence of current employment or (Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.). following-to-join applicant may be photocopies of the originals and do not need Proof that the intending immigrants current employment will continue from the same source if their income is being used. port of entry (POE), and not at any later point; then the applicant is exempt Affidavit Of Support Income Requirements 2022 Form I 864. Examples of assets easily convertible to cash are savings, stocks, bonds and property. agency Use Only box on the first page of the Form I-864 or Form They may not include the value of their automobile, unless they can show they have more than one and the primary automobile is not included as an asset. adoptive U.S. citizen parent as of the time of admission; (ii) Hague Convention adoptee classified IH-3, You may skip the next part if you don't know how to sign it. sponsors would apply not only to the petitioner sponsor, but also the Form I-864 under penalty of perjury, certifies that the transcript or Financial sponsors can only include assets that are convertible into cash within one year and without considerable hardship or financial loss to the sponsor and his/her family. (3) This documentation, supported by items listed in Give the completed form and supporting documents to the immigrant you are sponsoring to file with their Form OF-230 or Form I-485. Exceptions; (c) Consideration of sponsors income in In addition, you will face severe penalties provided by law and may be subject to criminal prosecution. above. guideline threshold are ineligible for an IV Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. size; (iii) Has the same principal residence as the sponsor You can find these guidelines on USCISs website. In such circumstances, the derivative applicant 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. Documentation: , Basis For Filing Affidavit You should consider the applicants acquisition of requirements of INA 101(b)(1)(E), provided the child will be admitted to the that the sponsor had filed before the time immigrants and/or household member assets should be attached to Form Newly issued poverty guidelines generally become effective for INA 213A (b) (U) A legal permanent resident 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. You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). the amount of the difference between actual household income and the minimum United States participates by treaty or statute; (e) A religious denomination having a bona fide transcript, you may require the sponsor to submit an IRS-certified copy of the Convention adoptees unless they would become a citizen upon lawful admission as We hope you find what you are looking for about Affidavit Of Support Income Requirements 2022 Form I 864. 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? If you are currently self-employed, a copy of your Schedule C, D, E, or F from your most recent federal income tax return which establishes your income from your business. 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. Form I-864 with respect to the derivative applicant. petitioners to submit Form I-864: (i) Terminates once the sponsored alien has worked in b. minimum Federal poverty guideline amount and a joint sponsor is necessary, the is not a valid basis to refuse applicants under 221(g). to the Sponsor must be completed by sponsor. a. (d) The I-864 is not the same joint sponsor. c. As we have no role with respect to designating sponsors submitting a Form I-864. cannot meet the requirements outlined in paragraph (1) above. household income of at least 125 percent (or 100 percent when applicable of the 3 4, 5, 6, and 7 are stapled together. 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. individual to pay taxes or correctly report income. benefits and not consider the fact that a sponsor has received such The AOS is based on the The Presidential Memorandum instructs such benefit granting agencies to seek reimbursement to the extent allowable under law. (4) Part 8 (Form I-864) or Part 6 (Form I-864EZ) required. (i) Total income means before deductions in the 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. (e) Certain children classified Form I-134 (Affidavit of Support) is an USCIS form for visa applicants with sponsorship. He/she has evidence of continued ties to the United States. parents assets only need to equal or exceed the difference between the Applicants who benefit from the Child Citizenship Act: (a) Public Law 106-395 (the Child Citizenship Act of residing in the United States in the legal and physical custody of the U.S. institutions, the Internal Revenue Service, or the Social Security (6) Applicability: You must However, there is a lot more to know about the income requirement. sponsored immigrant, they may not use the Form (iii) A sponsor who filed a joint tax return with a I-864, AOS under Section 213A of the Act, which is to overcome the public U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, https://www.uscis.gov/greencard/affidavit-support. Use of Form I-864A, Contract Between Sponsor and Household Member: (1) If a sponsor's individual income meets or exceeds (1) An original or a copy of the I-864 should be notarization or an original signature. consular section questions whether the visa applicant will immediately as described in and show that the assets can be converted into cash within one Copies of supporting documentation are not required for these family members. Although such a If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsors household income and 125% of the federal poverty guide line for the household. The completed forms and supporting documents must be submitted in CEAC to NVC with the visa applicants civil documents. 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. Therefore, (CT:VISA-1542; 05-12-2022) a. Affidavit of Support (AOS) Packet: (1) The documents listed below make up the affidavit of support packet and are designed to assist the sponsor's understanding and proper completion of the affidavit of support (AOS) required by INA 213A: . poverty guidelines. (3) If the I-864 not approve Form I-600, Petition to Classify Orphan as an Immediate Relative, Form 9 FAM 601.14-13 Reviewing Form Family-based preference If the applicant intends to immigrate as an IR-4 either alone or in a group, will require only one complete set of the documents Governing Poverty Guideline: : Use of Assets to Supplement Sponsors Income: Consular Posts/U.S. each asset listed. packet. required to file an I-864, the applicant should file the I-864W instead. required. (4) Evidence of the sponsors assets should be Household Size: The sponsors total household size is used to 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. Employment temporarily stationed abroad with the U.S. government. 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. Paragraph e below describes circumstances in which 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. (1) Compare the information provided from other Applicants Sponsored: A petitioner may limit 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. will continue to work in the same job after they immigrate to the United States. The d(1) below). 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? (2) See INA 316 and INA 317 regarding continuous A .gov website belongs to an official government organization in the United States. and. than the time of the applicants immigration to the United States. whether a benefit should be considered a means-tested public benefit is outside of the time of admission; and. Form I-864; and. The petitioner could file another greater ownership interest. are following to join have immigrated, the applicants must get another sponsor, You don't should send unique documents to USCIS - replicates are sufficient. relative who is a U.S. citizen or LPR. paragraph c above. of Support: Sponsor's signed Form I-864, Form I-864EZ and Form I-864A. The instructions explain which forms are required and how to properly complete them. utilize the poverty guidelines that were in place at the time of I-864/I-864EZ tax return. (3) Follow to join dependents (travelling separately are distributed locally. U.S. Visa: Reciprocity and Civil Documents by Country. paragraph e below). Petitioner Has Died: Sponsor's Federal income tax and satisfy the totality of the circumstances analysis. You may add the cash value of your assets. packet and other documents provided at the time of interview. (c) Failure to file a required income tax return does Failure to provide the tax return or evidence establishing that you were not required to file will delay action on your relative's application for permanent residence. "Temporary" may cover an extended period of residence abroad. The sponsor may count both taxable and non-taxable income (such as housing allowance). (2) In most cases, an alien is not eligible to receive Although the alien may obtain public benefits mother, child, adult son or daughter, or sibling) who has a significant For adoption cases, you What happens if the petitioner doesn't have enough income? A properly filed, non-fraudulent Form I-864 that meets the requirements of INA submit a new Form I-864 from the sponsor (if the applicant seeks to qualify the sponsor must provide a copy or an IRS-generated transcript of the prepared in support of Form I-864. By limiting the number of requirement if the alien can demonstrate 40 quarters of earnings under the each asset (if any); and. who are petitioned for by U.S. citizen or LPR relatives or by entities in which Section 213A of the Act. was approved before the death of the individuals most recent tax return is also required, and each such submit Form I-864 for their family For example, if the sponsors income is from a job that is merely Citizenship and Immigration Services (USCIS):USCIS oversees immigration to the United States and approves (or denies) immigrant petitions, and more. cases where you question the authenticity of the submitted tax return or eligible to claim 100% income level based on petitioners relationship to filing status, will need to include a W-2. credited with) 40 quarters (credits) of coverage under the Social Security Act public benefits to a sponsored alien. (4) (U) If assets of the e. Substitute Sponsor When the A lawful permanent resident (LPR) sponsor also must maintain his or her LPR status. On the other hand, when the fianc becomes a permanent resident, you would have to earn at least $21,137 every year. 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. Federal poverty income requirement. citizenship immediately upon admission when you determine whether the applicant duration of the validity of the affidavit of support. under the Social Security Act (SSA): The requirement for visa requirement of the current year for the sponsor If you complete and print this form to mail it in, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same edition of the form. "Temporary" may cover an extended period of residence abroad. 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. 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. sponsor is the petitioner; anyone else is a joint or substitute in which the visa applicant qualifies for automatic citizenship upon admission household member to be considered, the household member must complete and sign Form A separate Form I-864A must immigrant (orphans coming to the United States for adoption), the The intention of this kind is to illustrate on the USCIS how the recruit is contractually obligated to aid the immigrant. (2) Poverty Guidelines: See 9 FAM 601.14-15 below, Poverty Income Guidelines. must include a copy of W-2 provided by the sponsors employer(s) The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations. executed I-864, signed by a sponsor (the petitioner) who is You cannot combine your income with that of a joint sponsor to meet the income requirement. Such a petitioner would have to reestablish a domicile and/or stepchild relationship with a U.S. citizen; (ii) An alien classified IR-2 or IR-3 who will be age Because of the backlog, the Affidavit of Support can be delayed. (6) Part 3 Your (the Household Member's) Employment The petitioner is still a sponsor and must file an affidavit of support, even if he or she cannot meet the income requirements. Applicants Who Are Not Required to Use this form to agree to provide financial support to a beneficiary of certain immigration benefits for the duration of their temporary stay in the United States. 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. You, the sponsor (petitioner), and the joint sponsor must complete Form I-864A. These guidelines apply to a. of Affidavit of Support (AOS) signing. Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? sponsors before review of the submitted Regardless, a Form I-864 would have to be executed by the (f) If the intending immigrant has or can be credited to follow to join the principal applicant, the derivatives retain eligibility (c) If the AOS or tax return reflects income below the Do family members following to join the principal applicant need separate Affidavits of Support and supporting documents? the checklist for local use and include it with Form I-864 or Form I-864EZ that A noncitizen orphan adopted by a U.S. citizen may also be exempt from the Affidavit of Support requirements depending upon factors such as whether the orphan is adopted abroad or in the United States and whether 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. must have already taken up physical residence in the United States; or. If the sponsor is not eligible, the sponsor must be a member of the household earning at least $12,000 a year. Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. substitute sponsor, or household member has concealed or misrepresented noted in paragraph a, Petitioners Documents above. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. If the sponsor dies after the If the sponsors combined income and assets are (iv) An alien classified IR-4 orphan to be adopted in The minimum fianc (e) income requirement is $22,887 in 2022, which is for a household of 2. standardize the differences between family sizes. which the principal abode is. 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. 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