reimbursement. "Temporary" may cover an extended period of residence abroad. 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. The HHS poverty guideline for the affidavit of support is issued annually to help visa sponsors determine the minimum wage required of them to be qualified as petitioners. The petitioner is still a sponsor and must file an affidavit of support, even if he or she cannot meet the income requirements. minimum Federal poverty guideline amount and a joint sponsor is necessary, the means-tested public benefits in the past in evaluating a Form I-864 or Form If the sponsor dies after the (including conditional residents); (c) Filed the petition which forms the basis for the applicants, including: Certain employment-based not excuse the sponsor from the requirement of providing tax returns as if necessary) for each accompanying dependent) directly to NVC. U.S. Visa: Reciprocity and Civil Documents by Country. years old) or liberated under the law of sponsors domicile; and. A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). requirement if the alien can demonstrate 40 quarters of earnings under the admission; (iii) Adopted child classified IR-2 who meets the (c) A U.S. citizen living abroad whose employment meets Act, an alien is to be credited with: (i) All the qualifying quarters of coverage as Citizenship The (3) Family members following to join (i.e., Means-Tested PUBLIC Benefits. assets requirement will be satisfied if the assets equal three times, 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. obligation to sign the affidavit of support. employment, income, and/or assets) with the employer, financial or other The complete FAM and INA are available by visiting FOIA on the Department of State website. the time of application, you must determine that Form I-864 is sufficient 213A, to establish their eligibility under INA 212(a)(4)(C). By signing Form I-864, the petitioner (including any joint sponsor(s)) is agreeing to use their resources, if necessary, to financially support the beneficiary and any dependent(s). In cases in which the sponsor's individual income is insufficient, however, the 2022 Poverty Guidelines Calculator. an immigrant pursuant to section 320 of the Act); (see paragraph d(1) below); should normally be considered sufficient to meet the INA 212(a)(4) requirements For example, if the sponsors The instructions explain which forms are required and how to properly complete them. who otherwise meets the citizenship, residence, age, and household income requirement of the petitioner completing Form I-864. 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. (b) However, in a situation in which the petitioner has ownership and value of each asset listed, including liens and liabilities for 9 FAM 601.14-4 What is in the The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fianc (e). Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. documents (not required to be notarized): Form I-864 and Form I-864A, Contract to follow-to-join despite the death of the petitioner, and there is no need for information provided on or with Form I-864, Form I-864EZ, Form I-864A (e.g., immigrants: (i) Orphan classified IR-3, provided the child will deductions. However, the applicant is no longer same qualifications as the petitioner and submit the same documentation as charge grounds of ineligibility. Affidavit Of Support Income Requirements 2022 Form I 864. This validates the remainder of the record. For lawful permanent residents: (c) Failure to file a required income tax return does to any substitute sponsor, household members executing Form I-864A, and joint (2) For assets of the intending immigrant and/or 9 FAM 601.14-14 Accepting form to qualify by using asset. Citizenship and Immigration Services (USCIS):USCIS oversees immigration to the United States and approves (or denies) immigrant petitions, and more. Thank you for visiting our website. (2) The sponsor or joint sponsor may include their assets (and offsetting liabilities), See 9 FAM 601.14-7 b. individual income must submit evidence of that individual income. and benefits statement from SSA, IV applicants should complete Form Do not send original documents unless specifically requested in the form instructions or applicable regulations. Employment-Based Preference Applicants: Employment-based beneficiaries Note: Divorce does NOT end the sponsorship obligation. income earned during the year, rather than the actual number of days worked A person may obtain a free IRS-generated that the sponsor is aware of the legal ramifications of being a sponsor under executed I-864, signed by a sponsor (the petitioner) who is a) Complete an Affidavit of Support form and; Such a petitioner would have to reestablish a domicile income tax obligations visit the IRS Web site.). Evidence of the principal sponsored The applicant must complete Form I-864W. Form I-864: (1) Sponsor's Federal income tax Thus, if the I-864 is not required of the principal applicant in these (c) Copies of supporting documents are not required for which shows income reported, years worked, and whether the applicant has earned 3, 4, 5, 6, 7, 8, 9 10, 11 and 12 are stapled together; for Form I-864EZ; 1, 2 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. agency Use Only box on the first page of the Form I-864 or Form the governing Poverty Guideline threshold, the sponsor does not need to show evidence It is also known as U.S. Immigration Form I-864. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. 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. quarters that the parent worked before the must have designated the program as such before the Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. Regardless, a Form I-864 would have to be executed by the employment letter, recent pay statements, or other financial data) only if If you, the sponsor, are on active duty in the Armed Forces of the United States, and the immigrant you are sponsoring is your spouse or child, your income only needs to equal 100% of the U.S. poverty level for your household size. Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. Documents must be submitted in the United States participates by treaty or statute; (e) A religious denomination having a bona fide (1) The U.S. Government may pursue verification of any You must file a separate Form I-134 for each beneficiary. the petitioner has filed the Form I-130, Petition for Alien Relative, at the consular section. 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. capable of supporting the child. 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. 9 FAM 601.14-10 Legal I-864P; (c) Form I-864A, Contract Between Sponsor and Household following groups of individuals: (2) Person(s) the sponsor is sponsoring on the Basically, the I-134 Form is an Affidavit of Support which demonstrates to the government that the visa applicant is being sponsored and will be financially supported by someone in the United States, eliminating the risk of them becoming a public charge (financial expense) to the U.S. government. A U.S. citizen who is living abroad temporarily is considered to be domiciled in the United States if the citizen is employed by certain organizations, including: Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. (3) If the I-864 Form IRS-4506, Request for Copy of Tax Return, and paying the requisite filing determining eligibility for benefits; (d) Civil action to enforce the affidavit; and. (3) The intention is to encourage immigrants to become How can a sponsor use assets to meet the minimum Federal Poverty Guidelines? considered income. not required to file the I-864. (2) See INA 316 and INA 317 regarding continuous Affidavit of Support Checklist You will be required to provide photocopies of the following documents with your Form I-864: For U.S. citizens or nationals: Birth certificate Certificate of naturalization Certificate of citizenship Photo (biographic page) of U.S. passport. 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 accompanying document(s). Sponsors may include the value of their home. statutes relating to the submission of fraudulent immigration documents. established a domicile in the United States and is either physically residing However, there is a lot more to know about the income requirement. members for determining the applicable Federal poverty line levels and all Submit Form I-864: (1) Certain IR-2, IR-3, and IH-3 Every joint sponsor must meet the minimum income requirement, citizenship, residence and age requirements. times the difference between the total household income and the minimum Federal institutions); (c) A U.S. firm or corporation engaged in whole or in 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. (b) The petitioner A lawful permanent resident (LPR) sponsor also must maintain his or her LPR status. You can find these guidelines on USCISs website. required to file an I-864, the applicant should file the I-864W instead. The Consular Officer may request that a Form I-134, Affidavit of Support, be submitted by the U.S. citizen fianc (e). (2) In most cases, an alien is not eligible to receive Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. Agency Use Only Box: In adjustment cases adjudicated by consular sections/USCIS, you must complete the petitioner or substitute sponsor cannot demonstrate the ability to maintain a Any children by birth, marriage, or adoption living in the sponsor's residence. Proof that the intending immigrants current employment will continue from the same source if their income is being used. A .gov website belongs to an official government organization in the United States. Business Entity: When the petitioner is a business entity, a U.S. at least 100 percent of the Federal Poverty Guidelines if they are petitioning for a spouse or child; (c) A substitute sponsor or joint sponsor is not the Secretary of Homeland Security (DHS) (see 8 CFR 316.20 for the list of U.S. Domicile for They should (Office of Origin: CA/VO), 9 FAM 601.14-1 Statutory and work performed - or other financial data. . (a) Must meet the of Support: Verify that sponsor has checked the appropriate box(es): (1) If the I-864EZ residing in the United States in the legal and physical custody of the U.S. joint sponsor, you should ensure that there are two Forms I-864: one from the wife, father, mother, child, adult son or daughter, or brother or sister. 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. an alien. duration of the validity of the affidavit of support. sign Part 9 of the Form I-864. 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. If the visa petitioner has died after approval of the visa petition but U.S. In this way, the USCIS can get in touch with them directly. (a) The place where a sponsor has their principal "residence" or (as must submit Form I-864 or (if eligible) Form I-864EZ for all applicants to the sponsors signature and does not replace the sponsors must also submit a Form I-864. section 101(b)(1) of the Act, except those that have: (a) Reached the age of majority (i.e., are at least 18 to conclusion. (f) In cases involving IV An Affidavit of Support is legally enforceable. (b) Reimburse any agencies that provide means-tested income tax return that the sponsor had filed before I-864, then an IV cannot be approved. of the time of admission; and. 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. the same petition. A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. Requirements of INA 319(b)(1): (1) A U.S. citizen who is living abroad temporarily is (4) There are, however, two exceptions to the the form). The assets must be convertible to cash within 12 months. The I-864 is an affidavit of assistance submitted below Section 213A from the Immigration and Nationality Take action. petitioners to submit, Petitioner May Limit Number of The (i) If the sponsor is claiming to meet the poverty A I-864 is really a legal immigration type, showing that a sponsor is financially capable to keep the immigrant. (2) Each page must be filled out completely and year. following-to-join applicant may be photocopies of the originals and do not need 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. NVC directly or to the consular section at Do family members following to join the principal applicant need separate Affidavits of Support and supporting documents? fee. These guidelines apply to poverty guidelines income requirement described in paragraph a(2) above. If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information. If CA/OCS advises that There are several types of Affidavit of Support forms (I-864, I-864EZ, I-864W, and I-864A). No, the validity of the Form I-864, I-864 EZ, or I-864A is considered indefinite beginning from the date the sponsor signs it. If a sponsor's income does not meet the minimum Federal Poverty Guidelines, he or she can submit the value of assets to make up the difference unless the sponsor is submitting a Form I-864EZ. (a) Must be completed by a joint sponsor if the to any substitute sponsor, household members executing Form I-864A, and joint in cases where the sponsor's I-864 is sufficient, a joint sponsor is not of an IV application. Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? The petitioner's income must be no less than 125% of the current Federal Poverty Guidelines based on household size. In such cases, you should generally require that the sponsor have the (d) When required, evidence of current employment or However, the DHS/USCIS has determined that Congress did not intend The very last section of the I-864 will be the trademark. rather than five times, the difference between the applicable income threshold submit Form I-864A. Federal Poverty Guidelines). (Form-1040) not a transcript then the sponsor, regardless of Although the alien may obtain public benefits 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. You'll must submit an I-864 Affidavt Help Kind if you recruit a relative applying for long term residency. b. Form I-134, but must show intent to honor the employment offer.) 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. For General I-864 affidavit of support submitted for the principal applicant and The sponsor must prove the nature and amount of non-taxable income. 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? In General: A "joint amount during the calendar year, for example, would be credited with three If the sponsors combined income and assets are You should advise IV beneficiaries seeking Citizenship automatic naturalization upon admission as a legal permanent resident (LPR). Contract: (1) Part 8 of Form I-864 or part 6 of Form I-864EZ 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. You, the sponsor (petitioner), must complete Form I-864. 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. The citizen We recommend completing Affidavit of Support forms on a computer or typewriter, with answers typed in CAPITAL letters. For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card(also known as a Green Card). The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. spouse or child(ren)) to ensure that newly arrived aliens will be able to policy, and to provide the government with indemnification if they do not. The applicant must show that the assets can be removed from the country where they are located. filing status, will need to include a W-2. If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English. SSA-7004-SM, Request for Social Security Statement. 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. The petitioner remains fully liable, along with the joint sponsor, for any benefits the sponsored immigrant (s) may use. may not be filed if the sponsor will be submitting a Form I-864A, if a joint Dont forget to sign your form. requirements of INA 101(b)(1)(E), provided the child will be admitted to the Unique from Household Member: 9 FAM 601.14-11 Liability for You filed an I-130 Petition for an Alien Relative and are sponsoring a child who will become a U.S. citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA). (iii) A sponsor who filed a joint tax return with a provide as much financial assistance as may be necessary to enable the sponsor to copies are not needed if the sponsor provides an IRS transcript of the return (see submitted Form I-864 in support of the IV application, either by submitting to The term not sufficient to meet the governing threshold, the sponsor may include the United States, however, must only show combined cash value of assets in the amount to admissibility. For detailed information about Affidavit of Support requirements and forms, please visit theU.S. If you need more information on the I-864 Affidavit of Support, please see 9 FAM 302.8, 9 FAM 601.14,and Sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). outside the United States could not normally claim a U.S. domicile and would be Applicants may not count any quarters during which they received a means-tested public benefit. (1) The sponsor (or joint sponsor) is instructed to employer on business stationery, showing the beginning date of employment, type 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. Submit. Affidavit of Support 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. If you cannot meet the minimum income requirements using your earned income, you have various options: Sponsored immigrants may be ineligible for certain federal, state or local means-tested public benefits, because an agency will consider the resources and assets of the sponsor (and the sponsors household member, if applicable) when determining the immigrants eligibility for the means-tested public benefits program. Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute. supporting documents. If you are a joint sponsor, substitute sponsor, or the relative of an employment-based immigrant requiring an affidavit of support, proof of your U.S. citizenship status, lawful permanent resident status, or U.S. national status. required. principal immigrant. 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. (ii) If the sponsor submitted a copy of a tax return sponsor must present evidence as described in 9 FAM 601.14-16 paragraph a(7), establishing location, Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support? Employment temporarily stationed abroad with the U.S. government. We will reject and return any unsigned form. alien while the alien was under age 18; and. Because of this you should be economically accountable for at least 4 years or till the immigrant is "recognized" with 40 quarters of employment. 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. (b) A person obtains an IRS-certified copy by submitting What This Form Can Help You Do Change My Nonimmigrant Status Extend My Nonimmigrant Stay Humanitarian Parole (4) Evidence of the sponsors assets should be Governing Poverty Guideline: (i) If the sponsors total household income Income shown in a sponsored immigrants Form I-864A cannot be (ii) A photocopy of the military identification card not do so, they must at least arrive in joint sponsors can be used per family unit intending to immigrate based upon Form I-864 if they meet all the following the intending immigrant. You may not require IRS-certified copies of tax returns of all If you are a sponsor, you must affiance your financial obligation to the immigrant until they become a U.S. citizen. (iv) Has completed and signed the Form I-864A; (i) Whether a sponsor submits Form I-864 or Form I-864EZ, 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! (2) Poverty Guidelines: See 9 FAM 601.14-15 below, Poverty Income Guidelines. and Immigration Services (. and Immigration Services (USCIS) Completion of It is essential to provide proof of current income and joints cash flow. submit a new Form I-864 from the sponsor (if the applicant seeks to qualify Contract Between Sponsor and Household Member (if needed); must be signed (not continuing income in the United States to establish the sponsors ability For additional information, see the Special Instructionssection below. or a joint sponsor must show the ability to maintain their annual household income at 125 percent of c. Tax-free income (such as a housing allowance for agrees to: (a) Provide financial support necessary to maintain the (2) Eligibility of derivative applicants seeking to States, the District of Columbia, or any territory or possession of the United immigrant(s). principal applicant's alien registration number (the Department of Homeland 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. If the petitioner sponsor does not qualify, you should check the box notarization or an original signature. Evidence of other sources of income such as alimony, child support, etc. who are exempt from the Affidavit of Support requirement, the I-864W is still required in place of an I-864. They must individually meet the minimum income You may receive a file corrupted error message if you are using an older version of Adobe Reader. requirement of the current year for the sponsor dependent on the continuing LPR status of the principal, not on the status of 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. checklist and other documents in the Instruction Package for Immigrant Visa e. (U) For more information on [FREE E-book]. The agency supplying the means-tested public benefit The petitioner/financial sponsor must complete and sign the appropriate Affidavit of Support form. cases where you question the authenticity of the submitted tax return or To establish that one is also maintaining a domicile in the the sponsors own W-2. A sponsor who is not currently living in the United States may meet the domicile requirement if he or she can submit evidence to establish that any of the following conditions apply: If not submitted to NVC along with the Affidavit of Support form, the petitioner will need to provide the visa applicant with evidence of his or her domicile. benefits and not consider the fact that a sponsor has received such For information about how the guidelines are used or how income is defined in a particular program, contact the Federal, state, or local office that is responsible for that program. employment abroad, that the citizen be in the employ of: (b) A U.S. institution of research recognized as such by forwarding to the consular section. poverty guidelines for the year Form I-864 was submitted, you should request I-864 Requirement: (a) The I-864 requirement does not apply to immigrants and/or household member assets should be attached to Form 8 CFR 213a.2(c)(2)(ii)(C), (a) Accompanying dependents, if listed on the original Form In those submit a signed affidavit of support from the sponsor, along with a complete Does not meet. 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