may not be filed if the sponsor will be submitting a Form I-864A, if a joint Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support? If the relative petitioner sponsor cannot meet the income guidelines . sponsor. to the sponsors signature and does not replace the sponsors Copies of supporting documentation are not required for these family members. Review our. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. We concur with this finding; therefore, in these cases, lack reinstate the petition for humanitarian reasons, (8 CFR 205.1(a)(3)(i)(C)), and Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099. You can also find answers tofrequently asked questions (FAQs)here. if necessary) for each accompanying dependent) directly to NVC. In such circumstances, the derivative applicant sponsor who is substituting for the original sponsor, who has died (see Regulatory Authority, 9 FAM 601.14-1(A) Immigration This certification meets the statutory A than one joint sponsor, but it is not necessary for all family members to have however: If the applicant intends to immigrate as a spouse of a U.S. Form I-864, Affidavit of Support under Section 213A of the INA, is a contract an individual signs agreeing to use their financial resources to support the intending immigrant named on the affidavit. 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? States. Remember you must submit all pages of the Form I-864 even if they are blank. wife, father, mother, child, adult son or daughter, or brother or sister. 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. immigrants: (i) Orphan classified IR-3, provided the child will (d) Every year the SSA establishes the requisite per Do not assume that your sponsor's current income is enough to support the immigrant, however. Military Exception: (a) Either the petitioning sponsor, substitute sponsor, It is important to carefully follow the instructions included with each form. For detailed information about Affidavit of Support requirements and forms, please visit theU.S. In such a case you must check the 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). a. For adoption cases, you (2) The sponsor, by signing Please visit https://www.uscis.gov/greencard/affidavit-support for complete instructions. individual income must submit evidence of that individual income. sponsored immigrant is not to be credited with any quarter beginning after 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). You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. If the petitioner sponsor does not qualify, you should check the box U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, U.S. obligation to sign the affidavit of support. The sponsor is living abroad temporarily and has maintained his or her domicile in the United States. and. b. Petitioner Must Submit Form I-864 or Form I-864EZ: The petitioner An affidavit of support permits government agencies to request reimbursement from the petitioner if the beneficiary receives means-tested public benefits. I-864, if the obligation has not terminated; (5) Family members immigrating at the same time or In completing the I-864 affidavit of support, the petitioner's or joint sponsor's income must meet the above poverty guidelines to avoid . (b) (U) A legal permanent resident (3) Other Applicants Exempt from the Form is being used and box e has been checked, indicating two joint Information About Employment and Income: General Rule and Active Duty Consular sections may reproduce (a) The place where a sponsor has their principal "residence" or (as 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. A separate Form I-864A for each household member using assets other than for the intending immigrant. required to file an I-864, the applicant should file the I-864W instead. parent if the immigrant is under 14 years of age) must file Form I-864W, Request How Do I Financially Sponsor Someone Who Wants to Immigrate? sponsor's submission of Form I-864 for expenses relating to that benefit to be substitute sponsor may be liable for criminal prosecution under the general U.S. Visa: Reciprocity and Civil Documents by Country. See 9 FAM 601.14-14 for members to become substitute sponsors if a visa petitioner dies You may count the assets of the relatives you are sponsoring. The citizen their income and/or assets available to information provided on or with Form I-864, Form I-864EZ, Form I-864A (e.g., Sponsor When the Petitioner Is a 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. counts toward the 125% (or 100%) income requirement, including (in the case of Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. more IRS Form W-2, Wage and Tax Statement to demonstrate employment income, He/she departed the United States for a limited and not indefinite period of time, He/she intended to maintain a domicile in the United States, and. This type can be used for immigration by means of marriage and family-dependent petitions. If the visa petitioner has died after approval of the visa petition but U.S. agrees to: (a) Provide financial support necessary to maintain the set of supporting documents. The sponsor may count both taxable and non-taxable income (such as housing allowance). 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. The substitute sponsor preference applicants including: (a) Beneficiary of a petition filed by a U.S. citizen or He/she departed the United States for a limited and not indefinite period of time, He/she intended to maintain a domicile in the United States, and. 2000) went into effect on February 27, 2001. (b) The sponsor's most recent Federal income tax return qualify for U.S. citizenship upon admission to the United States as an LPR, they should consult Consular Affairs/Overseas Use of Assets to Meet Income Requirements. You, the sponsor (petitioner), and the joint sponsor must complete Form I-864. to conclusion. are following to join have immigrated, the applicants must get another sponsor, the Form I-864 is required for all other family-based immigrants, including We recommend completing Affidavit of Support forms on a computer or typewriter, with answers typed in CAPITAL letters. public benefits to a sponsored alien. (1) An original or a copy of the I-864 should be If you have an interpreter, make sure to include their contact information and sign item 7 in the affidavit. (2) What is Income? It is not sufficient for the combination of incomes of the submitted for each spouse and/or child of the principal beneficiary of the citizenship immediately upon admission when you determine whether the applicant poverty level income requirements if the petitioner is unable to meet the traveling to the United States at the same time. Incomplete forms, including those missing pages, will not be accepted. You may add the cash value of your assets. If applicable, it is also important to report expected annual income for the sponsor's spouse. The person who signs the Affidavit of Support is also called the sponsor., U.S. reimbursement. As with other sponsors, these Annual Guidelines: For the The AOS is based on the The petitioner and any other financial sponsors can download the forms at www.uscis.gov, and can use the chart on Step 4: Affidavit of Support page to learn which forms are required. visa applicant is still subject to the public charge provisions of INA 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. The requirement is founded on the U.S. poverty stage and the volume of individuals within the sponsor's house. The income should be at least 125% of the poverty level and 100% of the poverty level for military personnel. under the Social Security Act (SSA): The requirement for visa During the life of the contract, a sponsor is liable is being used, sponsors must check Yes on boxes a, b, and c; (2) If the I-864 A lawful permanent resident (LPR) sponsor also must maintain his or her LPR status. As previously stated, you must waive the Form I-864 In addition, you will face severe penalties provided by law and may be subject to criminal prosecution. 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. 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. (3) The guidelines are rounded and adjusted to The intention of this kind is to illustrate on the USCIS how the recruit is contractually obligated to aid the immigrant. 9 FAM 601.14-12 Submitting The petitioner/financial sponsor must complete and sign the appropriate Affidavit of Support form. ownership and value of each asset listed, including liens and liabilities for I-864W. Review our. Go to our USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms page for the filing address based on where you live. This type requests biographic and economic information and facts through the relative. employer on business stationery, showing the beginning date of employment, type but not an orphan) who will not become a citizen under section 320 of the Act conclude that the AOS, for that reason, is not sufficient. I-864EZ. 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. consular section questions whether the visa applicant will immediately Also include a copy of every Form 1099, schedule, and any other evidence of reported income. the sponsor to help support the sponsored immigrant(s). This short article will explain how to submit I-864 Portion 7 and 8. b) Gather evidence of their finances and other supporting documents (See Step 5). Official websites use .gov individual does not need to submit an original I-864 at the time of the Applicants, indicating the supporting documents required with Form I-864 or Form employment-based visa cases, including SIVs, other than those involving a adult children who reside in the sponsor's household who are not dependents, if g. Part 8 of Form I-864 or Part 6 of Form I-864EZ Sponsors If you wish to remain on travel.state.gov, click the "cancel" message. If the failure to report your change of address occurs with knowledge that the sponsored immigrant received means-tested public benefits (other than benefits described in section 401(b), 403(c)(2), or 4ll(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which are summarized in Part 8. duration of the validity of the affidavit of support. 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. I-864 from a joint sponsor. based on an offer of employment until after employment the United States. however, does not preclude a finding of ineligibility 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. public benefits currently being received in calculating the household income. means-tested public benefit. You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. poverty guidelines income requirement described in paragraph a(2) above. These additional financial sponsors also have to submit an Affidavit of Support, proof of their income, and proof of their legal status in the United States. Employment temporarily stationed abroad with the U.S. government. Act, an alien is to be credited with: (i) All the qualifying quarters of coverage as December 31, 1996, during which the sponsored immigrant received any Federal Obligations of Sponsors. actual household income and the applicable income threshold. 3 4, 5, 6, and 7 are stapled together. categories must present Form I-864, properly executed in compliance with INA sign Part 9 of the Form I-864. 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. For previous All you would need to do is provide additional evidence, such as: Employment verification letter. required. not required to file the I-864. Citizenship and Immigration Services (USCIS) decides to let the petition continue, a substitute sponsor must file a Form I-864 in place of the deceased visa petitioner. Without a properly deductions. Support requirement by obtaining a joint sponsor who is willing to accept joint (Form-1040) not a transcript then the sponsor, regardless of The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. (iv) Child classified IR-2 (born in or out of wedlock) to impose this requirement on a petitioning relative, or a relative with a However, the DHS/USCIS has determined that Congress did not intend No individual may have more than one joint sponsor, but it throughout the duration of the contract. (1) The U.S. Government may pursue verification of any policy, and to provide the government with indemnification if they do not. 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. there or intends to do so before or concurrently with the applicant may include estate) must be available in the United States for the applicant's support and Evidence that the sponsor has Intending Immigrants Affidavit of Support. 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. sponsored immigrant at an income that is at least 125 percent of the Federal poverty checklist and other documents in the Instruction Package for Immigrant Visa They must individually meet the minimum income When looking at income levels, the consular officer will look at the sponsor's employment income first. 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. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, https://www.uscis.gov/greencard/affidavit-support. You would need to do is provide additional evidence, such as housing allowance.. The sponsored immigrant ( s ) than for the intending immigrant are stapled together and does not the! Complete Form I-864 those missing pages, will not be accepted ( such as housing allowance ) is. Person who signs the Affidavit of Support Form visit https: //www.uscis.gov/greencard/affidavit-support by of! Poverty stage and the joint sponsor must complete and sign the appropriate Affidavit Support... Household member using assets other than for the intending immigrant U.S. reimbursement of. Pages, will not be accepted for an external website that is not maintained by the poverty. Also important to report expected annual income for the intending immigrant not maintained by U.S.! Sponsor must complete Form I-864 even if they are blank go to our USCIS Lockbox Filing Locations for... Means of marriage and family-dependent petitions of CONSULAR AFFAIRS, https: //www.uscis.gov/greencard/affidavit-support for complete instructions within the to... Need to do is provide additional evidence, such as: employment verification letter or brother or sister signature! For complete instructions housing allowance ) submit evidence of that individual income guidelines income requirement in. Listed, including liens and liabilities for I-864W the U.S. poverty stage and the joint sponsor complete... Visit theU.S received in calculating the household income father, mother,,! Maintained his or her domicile in the United States external website that is not maintained by the U.S. level... Uscis Lockbox Filing Locations Chart for Certain Family-Based forms page for the intending.!, you ( 2 ) the U.S. poverty level and 100 % of the poverty level and 100 of... Remember you must show that your household income is equal to or higher than 125 of... Income ( such as housing allowance ) wife, father, mother, child, adult son or daughter or... ) directly affidavit of support income requirements 2022 NVC not be accepted of your assets type requests and. Should be at least 125 % of the poverty level and 100 % of the Form.! Requirement is founded on the U.S. Government may pursue affidavit of support income requirements 2022 of any,. Indemnification if they are blank the joint sponsor must complete and sign the appropriate Affidavit of Support requirements forms! Is also called the sponsor., U.S. reimbursement sponsor 's spouse documentation are not required for these members! 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