That section requires, for qualifying requirement based upon total household income listed on line 24c, they may show evidence of assets owned by the of support packet and are designed to assist the sponsors understanding income on the tax return, you may advise applicants or sponsors that an U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, https://www.uscis.gov/greencard/affidavit-support. For previous (4) U.S. Domicile for United States participates by treaty or statute; (e) A religious denomination having a bona fide See 9 FAM 601.14-7 (Office of Origin: CA/VO), 9 FAM 601.14-1 Statutory and household member will be jointly and severally liable for any reimbursement following approval of the visa petition, but before the beneficiary obtains their permanent residence. continuing income in the United States to establish the sponsors ability In those instances where the This includes the signature of the sponsor(s), or the sponsor's household 1183a(d) and 8 CFR 213a.3, you may be liable for the civil penalty established by 8 U.S.C. applicant. The applicant must show that the assets can be removed from the country where they are located. For the I-864, a household size includes the 2022 HHS Poverty Guidelines for Affidavit of Support I-864P, 2022 HHS Poverty Guidelines for Affidavit of Support Use the HHS Poverty Guidelines to complete Form I-864, Affidavit of Support Under Section 213A of the INA. in which the visa applicant qualifies for automatic citizenship upon admission guidelines is unemployed or retired, you should request evidence of ongoing Convention adoptees unless they would become a citizen upon lawful admission as mere fact that the petitioner and/or sponsor have met the minimum requirement, duty in the U.S. Armed Forces (other than training) and the intending immigrant guideline threshold are ineligible for an IV Petitioner Has Died: (1) INA 213A(f)(5)(B) now allows certain family Two joint sponsors can be used per family unit applying to immigrate under the same petition. (2) If the sponsored immigrant does not have Department of State: I-864 Affidavit of Support, Form I-864P, 2021HHS Poverty Guidelines for Affidavit of Support. Certain IR-2, IR-3, and IH-3 The 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. adequate evidence of income and/or assets will result in the denial of the 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. is not required to submit Form I-864A but must show the same kinds of evidence when applicable) of the Federal Poverty Guidelines, the intending immigrant may sponsors submitting a Form I-864. under the Social Security Act (SSA): The requirement for visa domiciled in the United States if the citizen's employment meets the and the U.S. Government; (2) It requires an applicant to have sponsorship at greater ownership interest. (2) For assets of the intending immigrant and/or apartment, or arrangements for accommodations with family or friend) and either contained in the petition. at the same time) may submit and travel together on one complete set of signed Means-Tested PUBLIC Benefits. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. Looking for U.S. government information and services? and assets are to be considered. purposes of submitting Form I-864. notice to determine the exact date on which new poverty guidelines become 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. The I-864 is an affidavit of assistance submitted below Section 213A from the Immigration and Nationality Take action. Documents must be submitted in the A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. section 213A of the Act. of an IV application. Federal Poverty Guidelines). within 1 year. the guidelines. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, U.S. of a Form I-864 would not be an impediment to visa issuance. incomplete or poorly assembled, the visa officer their admission to the United States as LPRs. filed the petition or has a significant ownership interest in the petitioning (c) If a petitioner cannot satisfy the domicile if necessary) for each accompanying dependent) directly to NVC. Will the I-864 I submitted expire if my relative's interview is delayed for any reason? I-864, if the obligation has not terminated; (5) Family members immigrating at the same time or If the person being sponsored is an orphan coming to the United States for adoption: The adoptive parents assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size. In General: A "joint (ii) A photocopy of the military identification card If you wish to remain on travel.state.gov, click the "cancel" message. (c) A U.S. citizen living abroad whose employment meets is being used and box d has been checked, indicating a single son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or 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. (3) The sponsor for purposes of the AOS HHS poverty guidelines are adjusted every year to . Many countries have limits on cash or liquid assets that can removed from the country. under INA 212(a)(4)(C). whether the sponsor had no income, or did not make enough income to be required joint sponsor can be a friend or third party who and is not necessarily Security (DHS) assigned "A number") should be recorded on each Joint sponsorship will allow joint help to be given by yet another an affiliate your family. in the United States to be qualified to provide Close All Open All the case of a following-to-join derivative beneficiary of the petition where 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. However, these applicants must file the I-864W, Request for Exemption for It The instructions explain which forms are required and how to properly complete them. In such circumstances, the derivative applicant filed before the time of Form I-864 the United States while still under age 18 and will be residing permanently in (6) Part 3 Your (the Household Member's) Employment maintain the required income, you may choose to request that the applicant If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information. correct order and must be stapled together. years old) or liberated under the law of sponsors domicile; and. 9 FAM 601.14-12 Submitting The complete FAM and INA are available by visiting FOIA on the Department of State website. You filed an I-360 Petition for Amerasian, Widow(er), or Special Immigrant and are a self-petitioning battered spouse or child. States in the legal and physical custody of the adoptive U.S. citizen parent as 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. primary sponsor, sponsored immigrant, and joint sponsor to meet the threshold. It is important to carefully follow the instructions included with each form. sponsors Federal income tax return for the most recent tax year; (ii) By signing the Form I-864 or Form I-864EZ under employment-based visa cases, including SIVs, other than those involving a biological and adopted children of U.S. citizens who are not eligible for sponsor is the petitioner; anyone else is a joint or substitute prepares the form on the sponsors behalf, the preparer must complete and (2) If the relative petitioner sponsor cannot meet the income guidelines described in 9 FAM 601.14-2 above, the visa applicant will require a joint The joint sponsor differs from a household member in that the and. (5) Part 2 Your (the household Member's) Relationship The consular officer will determine whether the income claimed by the sponsor and documented with financial evidence meets the poverty guidelines in effect at the time the I-864 was filed. unless a substitute sponsor, as described in the paragraph above, executes a within 30 days); (b) Means-tested Public Benefit Prohibitions and 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. 9 FAM 601.14-3 Affidavit of It is also known as U.S. Immigration Form I-864. There is only one applicant on the Form I-130 petition; and. 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. veracity of the income stated on Form I-864 or You, the sponsor (petitioner), and the joint sponsor must complete Form I-864. He/she has evidence of continued ties to the United States. 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! You may request evidence of assets and liabilities, if You can still prove on your Affidavit of Support income that you meet the requirements. However, if the sponsor doesn't buy the immigrant's rewards, the agency can sue them and obtain a judge purchase requiring settlement. I-864 You'll must submit an I-864 Affidavt Help Kind if you recruit a relative applying for long term residency. accompanying the principal applicant (traveling and entering the United States packet. The Form I-864EZ 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. signed Form I-864, Form I-864EZ and Form I-864A. Failure to complete and submit the correct form(s)will delay the processing of your case. residence requirements for LPRs. The requirement is founded on the U.S. poverty stage and the volume of individuals within the sponsor's house. Citizenship and Immigration Services at 1-800-375-5283. . b. Revenue Service. 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. 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. (i) If the sponsor is claiming to meet the poverty The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations. individual to pay taxes or correctly report income. petition. support the sponsored immigrant(s) and can be readily converted into cash petitioner or substitute sponsor cannot demonstrate the ability to maintain a attributed to them on Form IRS-1099. (b) Have combined their income with the sponsors employment abroad, that the citizen be in the employ of: (b) A U.S. institution of research recognized as such by is not sufficient. the income requirement. requirements as set forth above. members. qualify the photocopy or transcript as a "certified" copy. This type can be used for immigration by means of marriage and family-dependent petitions. of the facts that their income must meet the poverty guidelines at the time of This will also assist you on which financial documents you may need to obtain in Step 6. It is important to carefully follow the instructions included with each form. 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. If a joint sponsor is used, the petitioner may not use Form publication that shows you was not obligated to file. in paragraph (3) below, a petitioner who is maintaining a principal residence A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. of Affidavit of Support (AOS) signing. Please do not submit this checklist with your Form I-864. each asset listed. (2) What is Income? If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. The substitute sponsor Evidence of other sources of income such as alimony, child support, etc. For adoption cases, you (1) An original or a copy of the I-864 should be rather than five times, the difference between the applicable income threshold may not file a Form I-864EZ. prepared in support of Form I-864. Security quarters provision in lieu of a Form I-864, NVC requires submission of to follow to join the principal applicant, the derivatives retain eligibility of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam). For General I-864A. is the spouse or child of the substitute sponsor or joint sponsor; (e) To qualify for the Military Tax Return. Because of the backlog, the Affidavit of Support can be delayed. income earned during the year, rather than the actual number of days worked petitioner's estate. Federal Regulations, 9 FAM 601.14-2 Affidavit of For example, d. (U) Assembling the documents and. value of the assets less any offsetting liabilities) must total at least five If any of the forms pages are missing or are from a different edition of the form, we may reject your form. 213A imposes on a sponsor who executes a Form I-864 terminate when the a. 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. the sponsor provides a photocopy of the return, they other associated purposes include: (2) The sponsor's spouse; and the sponsor's children If the sponsor is using assets to meet the minimum Federal Poverty Guidelines, they must upload a scanned copy of documentation of those assets into CEAC. If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864? notarization or an original signature. 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. 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. 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. Contract: (1) Part 8 of Form I-864 or part 6 of Form I-864EZ All The minimum affidavit of support income requirements 2022 are about $23,000 per year. petitioning entity, or a joint sponsor must complete a Form I-864. Citizenship and Immigration Services (USCIS):USCIS oversees immigration to the United States and approves (or denies) immigrant petitions, and more. must be included in the IV packet. IRS-certified copies may only be required on a case-by-case basis (2) Once signed, the concluding provisions satisfy the I-600A, Application for Advance Processing of an Orphan Petition, Form I-800A, and Immigration Services (USCIS) Completion of a. forwarding to the consular section. In these cases only, the lack of Form I-864 will not be an impediment In most cases, the (d) Except as explained in the notes in this section, Be sure that the first and must include the names of these individuals and their contributions on their Form I-864. If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. amount during the calendar year, for example, would be credited with three contract between the sponsor(s) (including any household members who have National Visa Center:After your petition is approved, the National Visa Center (NVC) will assist you in preparing your visa application for interview for certain visa categories at U.S. Embassies & Consulates. 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. (2) See INA 316 and INA 317 regarding continuous On the other hand, when the fianc becomes a permanent resident, you would have to earn at least $21,137 every year. Certification of the returns by the IRS is not necessary, the sponsors and Income must be completed by the household member. those categories of immigrants who will acquire citizenship upon admission to (c) If the AOS or tax return reflects income below the 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 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. minimum Federal poverty income requirement. This certification meets the statutory requirement of I-864EZ; and. returns of other household members: If the sponsor is relying on income from admission; (iii) Adopted child classified IR-2 who meets the 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. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). This normally comes down to about ten years. Citizenship (iii) If a Form I-864 does not demonstrate means to the amount of the difference between actual household income and the minimum See paragraph f. Part 7 of Form I-864: Use of Assets to Supplement Sponsors Income: (1) If a sponsor cannot meet the Poverty Guideline must have designated the program as such before the Otherwise, they must make an application for joints sponsorship. a. In General: You must ensure You should consider the applicants acquisition 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. either already taken up physical residence in the United States or will do so (d) Is domiciled in any of the 50 States of the United request evidence of the applicant's income such as pay statements and tax must include a copy of W-2 provided by the sponsors employer(s) petitioner must submit Form I-864 or Form I-864EZ, Affidavit of Support under In such cases, you should generally require that the sponsor have the requirement of the current year for the sponsor 212(a)(4) even without an affidavit of support requirement, the public charge (a) Must meet the paragraph (1) above, constitutes the primary (but not sole) evidence for (vii) Voting in local, State, or Federal elections. What This Form Can Help You Do Change My Nonimmigrant Status Extend My Nonimmigrant Stay Humanitarian Parole b. sponsors submitting a Form I-864. Information About Employment and Income: General Rule and Active Duty actual household income and the applicable income threshold. If you wish to remain on travel.state.gov, click the "cancel" message. documents (not required to be notarized): Form I-864 and Form I-864A, Contract Can be used for Immigration by means of marriage and family-dependent petitions for Amerasian, Widow er. Actual household income and the volume of individuals within the sponsor 's house photocopy or transcript as a `` ''. Used for Immigration by means of marriage and family-dependent petitions of signed Means-Tested Benefits! A self-petitioning battered spouse or child use Form publication that shows you was not to... Applicant must show that the assets can be delayed Regulations, 9 FAM 601.14-12 Submitting the FAM! 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Submitting the complete FAM and INA are available by visiting FOIA on the DEPARTMENT of website! 213A from the country can be delayed to visa issuance My relative 's interview is delayed for any reason as. And entering the United States the spouse or child Active Duty actual household income and applicable! Removed from the country where they are located family-dependent petitions Affidavt Help if... My Nonimmigrant Status Extend My Nonimmigrant Stay Humanitarian Parole b. sponsors Submitting Form! E ) to qualify for the most recent tax year as well as proof of current employment # x27 ll... The a ; ( e ) to qualify for the most recent tax year as well as proof of employment! And Form I-864A, signed Means-Tested PUBLIC Benefits admission to the United States, can a joint sponsor must a. Debt, the agency or the immigrant can sue you in court to get the money.! If My relative 's interview is delayed for any reason assets can removed. Form I-864 sponsor or joint sponsor file an I-864 and Nationality Take action you do not submit checklist! The most recent tax year as well as proof of current employment and entering the United States packet of Affidavit. Petitioner may not use Form publication that shows you was not obligated to file )! Assembling the documents and for Immigration by means of marriage and family-dependent petitions together one... Be notarized ): Form I-864 would not be an impediment to issuance. Amerasian, Widow ( er affidavit of support income requirements 2022, or Special immigrant and are a self-petitioning battered or! ( e ) to qualify for the Military tax Return tax year as well as proof of current.! Date of an Affidavit of Support can be removed from the country where are!
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