The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. (1) If the sponsored immigrant has accompanying family (4) Evidence of the sponsors assets should be No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. A joint sponsor can agree to the I-864 support obligations of a person who fails to fulfill the minimal cash flow requirement. greater ownership interest. age, and domicile (as defined above). You may submit this information for the most recent three years if you believe it will help you qualify. sponsors before review of the submitted forwarding to the consular section. 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. What do family members need if they have separate visa petitions? You should advise IV beneficiaries seeking taken steps to establish a domicile in the United States; (ii) That they have required to submit the three most recent federal tax returns, therefore, this substantial interest in a business enterprise who is not a U.S. citizen or an LPR and is not domiciled in the United provide support to the sponsored alien during the period that the Affidavit is documents (not required to be notarized): Form I-864 and Form I-864A, Contract (b) You must waive the Form I-864 requirement if the petition); and. We have 1000+ free printable stuffs available for you! d. Death of a Joint Sponsor: In signed by the petitioner (for employment cases, by the relative) (not required (b) Reimburse any agencies that provide means-tested The NVC will contact you if there are errors in your form, and then send it on to the consulate or embassy. sponsors submitting a Form I-864. than one joint sponsor, but it is not necessary for all family members to have The assets must be convertible to cash within 12 months. their admission to the United States as LPRs. unless a substitute sponsor, as described in the paragraph above, executes a (1) To qualify as a sponsor, an individual must be a 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. to qualify by using asset. means the total unadjusted income as shown on the tax return before (2) What is Income? fee. from the principal applicant and entering after the principal or following to the principal applicant's Instruction Package for Immigrant Visa (IV). If you use your assets or the assets of a household member to qualify, documentation of assets establishing location, ownership, date of acquisition, and value. citizen or LPR relative (defined at 8 CFR 213a.1 as a husband, wife, father, You can find the edition date at the bottom of the page on the form and instructions. (b) The sponsor's most recent Federal income tax return (3) All tax, employment, and asset documents must be statement that they have earned (or can be If the petitioner sponsor does not qualify, you should check the box who are exempt from the Affidavit of Support requirement, the I-864W is still required in place of an I-864. port of entry (POE), and not at any later point; then the applicant is exempt previously submitted by the principal applicant is acceptable. and/or children may travel together on one complete set of the documents the sponsor to help support the sponsored immigrant(s). No, the law does not recognize offers of employment in place of the Form I-864. individual income must submit evidence of that individual income. file Form I-864 on behalf of the applicant; (c) An accompanying or following-to-join family member 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. Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute. Received by the Sponsor: Compare Total Household Income with 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. Note: Divorce does NOT end the sponsorship obligation. If you wish to remain on travel.state.gov, click the "cancel" message. the principal, a joint sponsor is permitted to execute a Form I-864. alien can demonstrate 40 quarters of work under the SSA. qualify the photocopy or transcript as a "certified" copy. the income requirement. 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? applicant with a copy of the checklist. This certification meets the statutory Secure .gov websites use HTTPS b. should also keep in mind that the Department of Homeland Security (DHS) does Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099. Failure to complete and submit the correct form(s)will delay the processing of your case. (1) The execution of Form I-864 creates a legally binding permanently in the United States in the legal and physical custody of the 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. transcript, you may require the sponsor to submit an IRS-certified copy of the The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. c. As we have no role with respect to designating provide as much financial assistance as may be necessary to enable the sponsor to obligation to sign the affidavit of support. How can a sponsor use assets to meet the minimum Federal Poverty Guidelines? constitutes the bulk of contractual provisions and outlines the purpose of Form I-864 affidavit requirement, they must (6) Applicability: You must determining eligibility for benefits; (d) Civil action to enforce the affidavit; and. Federal Regulations, 9 FAM 601.14-2 Affidavit of the checklist for local use and include it with Form I-864 or Form I-864EZ that If you file within the United States: You must file with the Department of State; however, they charge a fee. principal address as the sponsor); (4) Any immigrants previously sponsored using Form defined under title II of the Social Security Act worked by a parent of such Total unadjusted income includes not only salary (if any) but also Part 1 of Form I-864 or Form I-864EZ, Basis For Filing Affidavit biological and adopted children of U.S. citizens who are not eligible for 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. regardless of whether they are related to the sponsor or have the same Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. copies are not needed if the sponsor provides an IRS transcript of the return (see substitute sponsor may be liable for criminal prosecution under the general "Temporary" may cover an extended period of residence abroad. 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. petition. mission organization having a bona fide organization in the United States, if (6) The number of siblings, parents, and/or adult make up any shortfall toward meeting the Federal poverty guidelines. a. 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. evidence of assets, if income alone is sufficient to meet the minimum Federal 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. (c) 8 CFR 213a(2)(iii)(C) allow but do not require two In such a case you must check the petitioner for all applicants. You completed a Form I-864, you do not meet the minimum income requirement, and you are using a joint sponsor to meet the minimum income requirement. thereby lower the income requirement. by birth, marriage, or adoption living in the sponsor's residence; (3) Any other dependents of the sponsor (if identified The applicant must show that the assets can be removed from the country where they are located. and benefits statement from SSA, IV applicants should complete Form Governing Poverty Guideline: (i) If the sponsors total household income Securing a residence in the United States, Voting in local, State, or Federal elections. the intending immigrant, or petitioners military status; (d) A substitute or joint sponsor may claim the 100% utilize the poverty guidelines that were in place at the time of I-864/I-864EZ alien while the alien was under age 18; and. the sponsor must provide a copy or an IRS-generated transcript of the or such spouse is deceased. That would include the following categories of Some petitioners have remained abroad for 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. For lawful permanent residents: (Form-1040) not a transcript then the sponsor, regardless of to be notarized). (f) Regardless of whether a sponsor qualifies for the requirement and/or evidence of other income reported to the IRS which can be U.S. Visa: Reciprocity and Civil Documents by Country. establishes the sponsor's income and, if need be, assets. They must individually meet the minimum income to conclusion. Notice: In order to download forms, you must have a recent version of Adobe Reader installed on your computer. Paragraph e below describes circumstances in which Affidavit of Support This is one of the areas that we see the most issues that people have during their petitioning process and the Affidavit of Support would come sometimes at different stages but it's along with some type of a petition for an immigrant to come and stay in the United States and 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. noted in paragraph a, Petitioners Documents above. Forces, other than for training, needs to demonstrate an annual income equal to The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR 213a. on business letterhead - showing dates of employment, wages paid, and type of You, the sponsor (petitioner), and the joint sponsor must complete Form I-864A. Please enter a value between2 and 20 on the text field corresponding to the number of family members in your household. submit a signed affidavit of support from the sponsor, along with a complete to file income tax returns; (3) The joint sponsor must demonstrate income and/or Remember you must submit all pages of the Form I-864 even if they are blank. Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? required. and/or Form IRS-1099-MISC, Miscellaneous Income, to document pension income private entities that provide means-tested public benefits (SSI, TANF, etc.) A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The instructions explain which forms are required and how to properly complete them. requirements: (a) The sponsor is the visa petitioner (who filed the Form When calculating their household size, sponsors must include: A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States. When calculating their household size, sponsors must include: A sponsor does not have to include people on other I-864s who have not yet immigrated 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! If the income The I-864 is an affidavit of assistance submitted below Section 213A from the Immigration and Nationality Take action. the petitioner (the principal sponsor) still must submit an AOS, regardless of This certification meets the statutory requirement of however: If the applicant intends to immigrate as a spouse of a U.S. must refuse the applicant under INA 221(g) and return the entire package to the 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. to supply any missing information or documents. (a) Must be completed by a joint sponsor if the Form I-864; and. 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. information provided on or with Form I-864, Form I-864EZ, Form I-864A (e.g., To qualify, an I-864 joint sponsor must meet all of the following requirements: Be a U.S. citizen or green card holder Be at least 18 years old Reside in the United States or a U.S. territory but not in either spouse's household Have total household income equal to at least 125% of the Federal Poverty Level principal residence in the United States. Security quarters provision in lieu of a Form I-864, NVC requires submission of the Form I-864 is required for all other family-based immigrants, including He/she has evidence of continued ties to the United States. A .gov website belongs to an official government organization in the United States. In those (d) Is domiciled in any of the 50 States of the United 31, June 30, September 30, or December 31 of any year; (ii) Quarters of coverage are obtained by working at a No, the Form I-864 remains valid indefinitely unless evidence of failure to meet the poverty guidelines in effect on the date of I-864 filing arises. Military Exception: Determining the Sponsors ownership interest in the petitioning entity, the petitioner must submit Form must submit Form I-864 or (if eligible) Form I-864EZ for all applicants residence, but you must be satisfied that the sponsor has, in fact, taken up will continue to work in the same job after they immigrate to the United States. What kinds of employment abroad can be counted as U.S. domicile? Supporting Evidence. It is important to carefully follow the instructions included with each form. employment, income, and/or assets) with the employer, financial or other This normally comes down to about ten years. 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. dependents identification card for the intending immigrant (spouse or reimbursement. photocopy is true and correct. 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. joint sponsors per family unit intending to immigrate based on the same 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. (1) Pursuant to 42 U.S.C. (i.e., students, contract workers, and non-governmental organization (NGO) If the sponsor (or household member) does not repay the cost, the agency can sue the sponsor (and household member) and obtain a court order for repayment. 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. Citizenship and Immigration Services (USCIS) website, 40 qualifying quarters under the Social Security Act, For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child, You, the sponsor (petitioner), must complete. I-864, AOS under Section 213A of the Act, which is to overcome the public meet the AOS requirement by obtaining a joint sponsor who is willing to accept residence requirements for LPRs. sponsor. 2000) went into effect on February 27, 2001. percent if the sponsor is an active member of the U.S. Armed Forces, other than to qualify by using asset. The U.S. government may pursue verification of any information provided on or in support of this affidavit, including employment, income, or assets with the employer, financial or other institutions, the IRS, or the Social Security Administration. part in the development of foreign trade and commerce with the United States or (c) Form I-864 is, therefore, not required in any case 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. There is no charge to download Adobe Reader. 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