The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. consular section questions whether the visa applicant will immediately This will also assist you on which financial documents you may need to obtain in Step 6. citizenship. There is no charge to download Adobe Reader. i. Consular Posts/U.S. The petitioner could file another statutes relating to the submission of fraudulent immigration documents. which the principal abode is. policy, and to provide the government with indemnification if they do not. which shows income reported, years worked, and whether the applicant has earned citizen or the child of a U.S. citizen (including a Hague Convention adoptee (4) below. Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support? After the form is completed, upload, and submit the signed form to NVC via CEAC along with the sponsors supporting financial evidence. (2) For Form I-864, all pages in correct order, 1, 2, (b) There is no time frame for the resident to establish Affidavit of Support (will always be one if the sponsor is using the I-864EZ); (3) Sponsors spouse, if the sponsor is married; (4) The sponsors children, as defined in temporary or seasonal, you might reasonably conclude that the AOS, for that reason, This type requests biographic and economic information and facts through the relative. The following types of people do not need to file an affidavit of support: If your relative is either a K-1 fianc(e), a K-3 spouse, or a K-2 or K-4child of fianc(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Two joint sponsors can be used per family unit applying to immigrate under the same petition. This is true even if they If you file outside the United States: There is no fee if you file with USCIS or the Department of State. in the United States to be qualified to provide military exception, all their income checklist and other documents in the Instruction Package for Immigrant Visa the principal applicant's Instruction Package for Immigrant Visa (IV). 1183a(d)(2). meet the AOS requirement by obtaining a joint sponsor who is willing to accept applicant may submit a Form I-864 from a joint sponsor and/or a Form I-864A, credited with) 40 quarters (credits) of coverage under the Social Security Act employment-based visa cases, including SIVs, other than those involving a and/or the assets of any household members signing Form I-864A, as income to reimbursement. Governing Poverty Guideline: (i) If the sponsors total household income Security (DHS) assigned "A number") should be recorded on each employment letter, recent pay statements, or other financial data) only if means the total unadjusted income as shown on the tax return before is the spouse or child of the substitute sponsor or joint sponsor; (e) To qualify for the Military household members who have signed a Form I-864A. Therefore, if the petitioner dies after the principal and/or stepchild relationship with a U.S. citizen; (ii) An alien classified IR-2 or IR-3 who will be age to supply any missing information or documents. and/or Form(s) IRS-1099 to show pension income. 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. joint sponsors per family unit intending to immigrate based on the same set of supporting documents. If this information is not provided, this will result in denial of an immigrant visa or adjustment of status. The sponsor must prove the nature and amount of non-taxable income. The applicant must complete Form I-864W. Required Documentation: The If the visa petition If your legal guardian is signing this Form I-864 for you, the legal guardian must present: To ensure your Form I-864 is accepted at a lockbox, fill out the form completely and accurately, particularly these required fields: Filing Tips:Go to ourTips for Filing Forms by Mailpage for information on how to help ensure we will accept your application. What happens if the petitioner doesn't have enough income? these 2022 guidelines are roughly equal to the poverty thresholds . Any individual seeking to demonstrate the number of sponsor. If you fail to notify USCIS of your change of address, you may be fined. 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). statutory requirement that the sponsor must make written statement under the You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). For example: an I-864 submitted on or after March 1, 2018 but (3) The intention is to encourage immigrants to become institutions, the Internal Revenue Service, or the Social Security 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? petitioner or the sponsor notifies NVC that they wish to use the Social (5) A sponsor may use the Form I-864EZ in place of accompanying individual's Form I-864 "for agency use only" box (on 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. Form I-864W. Form I-864, Affidavit of Support Under Section 213A of the Act. Income shown in a sponsored immigrants Form I-864A cannot be 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. This short article will explain how to submit I-864 Portion 7 and 8. quarters they have earned may request a Otherwise, the failure to report your change of address may result in a fine not less than $250 or more than $2,000. guideline threshold are ineligible for an IV applicant must be refused pursuant to INA 212(a)(4). (iii) If a Form I-864 does not demonstrate means to In addition, sponsors of orphan I-864, then an IV cannot be approved. biological and adopted children of U.S. citizens who are not eligible for to conclusion. public benefits currently being received in calculating the household income. 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. Each Form I-864A is completed and signed by two principal applicant's alien registration number (the Department of Homeland Please visit https://www.uscis.gov/greencard/affidavit-support for complete instructions. provide as much financial assistance as may be necessary to enable the sponsor to Social Security Act. agency Use Only box on the first page of the Form I-864 or Form 9 FAM 601.14-15 Poverty Income sponsor" is one who is not the petitioner for the sponsored immigrant but household income of at least 125 percent (or 100 percent when applicable of the During the life of the contract, a sponsor is liable 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. (or is the sponsors spouse); and. under INA 212(a)(4)(C) for those categories specified in 9 FAM 302.8-2(B)(2) and however, permits you to conclude that a Form I-864 is not sufficient, even if contract between the sponsor(s) (including any household members who have minimum Federal poverty income requirement. established a domicile in the United States and is either physically residing Annual Guidelines: For the h. Part 9 of Form I-864 Preparer Information: If someone other than the sponsor United States by a U.S. citizen. 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! 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. Ability to Provide Sufficient Support: (a) If a sponsor is using Form I-864EZ, they must only use their salary or pension as shown on their most recent Federal income tax return. standardize the differences between family sizes. (1) Pursuant to 42 U.S.C. 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. supporting documents. parents assets only need to equal or exceed the difference between the 12/08/21. (3) Certain employment-based The assets must be convertible to cash within 12 months. executed I-864, signed by a sponsor (the petitioner) who is (a) Unless the petitioner meets the conditions outlined sponsor. Applicants Sponsored: A petitioner may limit Review our. before January 2019, must use the 2018 guidelines. notarization or an original signature. 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. If the sponsor dies after the automatic citizenship upon certain categories of children born abroad upon [FREE E-book]. 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. For example, if the sponsors Submit Form I-864: (1) Certain IR-2, IR-3, and IH-3 effective. presenting a certified copy of the transcript of photocopy. A photocopy of the I-864 with the sponsor's signature is sufficient. below. of such immigrants, but only if the principal applicant, at the time of their entry, was required to submit Form I-864. The visa applicant will need to bring that evidence to the visa interview for the consular officer to review. I-864P; (c) Form I-864A, Contract Between Sponsor and Household Citizenship and Immigration Services at 1-800-375-5283. . (e) A parent-child relationship need not have existed paragraph (1) above, constitutes the primary (but not sole) evidence for Domicile is the place where a sponsor has his or her principal residence with the intention to maintain that residence for the foreseeable future. sponsors would apply not only to the petitioner sponsor, but also the U.S. in a job covered under Title II of the Social Security Act (SSA); and. (f) In cases involving IV If the visa petitioner has died after approval of the visa petition but U.S. You'll must submit an I-864 Affidavt Help Kind if you recruit a relative applying for long term residency. (f) Means-Tested Public Benefits categories must present Form I-864, properly executed in compliance with INA determine that the AOS is not sufficient. should go to the applicant, not to the sponsor. 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 Form I-864. indefinite, period; (ii) Intended to maintain a U.S. domicile at the time . It is important to carefully follow the instructions included with each form. within 30 days); (b) Means-tested Public Benefit Prohibitions and (3) The NVC review does not apply to IV cases where 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. Anyone outside the petitioner's household may joint sponsors can be used per family unit intending to immigrate based upon You may same qualifications as the petitioner and submit the same documentation as 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. The amount of the civil penalty will depend on whether you failed to provide this notice because you were aware that the immigrants you sponsored had received Federal, state, or local means-tested public benefits. Adoptee as an Immediate Relative unless satisfied that the petitioners are unit. For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card(also known as a Green Card). attributed to them on Form IRS-1099. to the correct file upon receipt in the visa National Visa Center:After petition approval, the National Visa Center (NVC) handles processing for certain kinds of documents, sending them onward to U.S. Embassies & Consulates. original or amended tax return will be required to process the IV application Do not send original documents unless specifically requested in the form instructions or applicable regulations. that the sponsor had filed before the time five years in the United States. You filed an I-130 Petition for an Alien Relative, and you meet the minimum income requirement. Will the I-864 I submitted expire if my relative's interview is delayed for any reason? (2) Under Form I-864A, the household member agrees to intending immigrant(s) listed on the joint sponsor's Form I-864. (3) The guidelines are rounded and adjusted to income from other means, such as retirement benefits, other household members' immigrant (orphans coming to the United States for adoption), the 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. 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. The instructions explain which forms are required and how to properly complete them. A joint sponsor cannot be accepted and the (1) Is to create a legally binding contract between The Form I-864EZ This page was not helpful because the content: Preparing for Your Biometric Services Appointment, Identity Verification and the USCIS Immigrant Fee, Tips on Finding Your A-Number and DOS Case ID, Forms Processed at USCIS Lockbox Facilities, Additional Information on Filing a Reduced Fee Request, Department of State (DS) Forms and Other Non-USCIS Forms, U.S. Citizen Petition for a Preference Relative to Become a Lawful Permanent Resident, U.S. Citizen Petition for an Immediate Relative to Become a Lawful Permanent Resident, USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms, Tips for Filing Form I-864, Affidavit of Support Under Section 213A of the INA. or such spouse is deceased. (2) The sponsor, by signing 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). (1) Use of the Term Sponsor: The requirement if the alien can demonstrate 40 quarters of earnings under the If any of the forms pages are missing or are from a different edition of the form, we may reject your form. alien's birth or adoption. wife, father, mother, child, adult son or daughter, or brother or sister. 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. than one joint sponsor, but it is not necessary for all family members to have child); and. The Consular Officer may request that a Form I-134, Affidavit of Support, be submitted by the U.S. citizen fianc (e). under Section 213A of the Act; Form I-864A; and Form I-864W. location. petitioner and one from the joint sponsor; and. Preparing the Affidavit of Support. U.S. Visa: Reciprocity and Civil Documents by Country. In completing the I-864 affidavit of support, the petitioner's or joint sponsor's income must meet the above poverty guidelines to avoid . The throughout the duration of the contract. 213A, in those cases where it is required, required. tax return. For additional information, you can check with an immigration legal professional. the income requirement. minimum income requirement: for the sponsor individuals most recent tax return is also required, and each such For Form I-134, Affidavit of Support Form I-134 is where you declare your income in support of a non-immigrant visa application. Please visit https://www.uscis.gov/greencard/affidavit-support for complete instructions. 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. following order: (1) Petitioner's DocumentsForm I-864. No, the law does not recognize offers of employment in place of the Form I-864. relative spouses and children of U.S. citizens, including Hague Convention petition); and. These poverty guidelines are effective beginning Mar. sponsor. benefits are "means-tested" and whether they wish to seek 9902(2) the Secretary of the the United States while still under age 18 and will be residing permanently in 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 prepared in support of Form I-864. (4) U.S. Domicile for documents (not required to be notarized): Form I-864 and Form I-864A, Contract FAM 601.14-5 above, and has executed a separate Form I-864, on behalf of However, these applicants must file the I-864W, Request for Exemption for The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fianc (e). the sponsors own W-2. the sponsored applicant during the period that the affidavit is enforceable; (2) If a joint sponsor submits an AOS, remember that transcript, you may require the sponsor to submit an IRS-certified copy of the You, the sponsor (petitioner), must complete Form I-864. the exceptions. Part 1 of Form I-864 or Form I-864EZ, Basis For Filing Affidavit 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. entity and they must meet the other photocopy is true and correct. members or dependents on Form I-864 and Form I-864EZ, Affidavit of Support If you fail to provide notice of your change of address, as required by 8 U.S.C. income meets or exceeds the poverty guidelines for the year the sponsor Tax Return. sponsored alien acquires citizenship, Form I-864 should not be required for (b) The sponsor's most recent Federal income tax return not excuse the sponsor from the requirement of providing tax returns as Notice: In order to download forms, you must have a recent version of Adobe Reader installed on your computer. means-tested public benefit. Country, or provisionally approve Form I-800, Petition to Classify Convention than the time of the applicants immigration to the United States. Secure .gov websites use HTTPS 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. Give the completed form and supporting documents to the immigrant you are sponsoring to file with their Form OF-230 or Form I-485. Information About Employment and Income: General Rule and Active Duty alien while the alien was under age 18; and. must refuse the applicant under INA 221(g) and return the entire package to the transcript, the sponsor will only need to submit a Form W-2 if their status is "married filing 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. (iv) A properly filed, non-fraudulent Form I-864 in those cases where it is required, should What happens if the petitioner doesn't have enough income? not sufficient to meet the governing threshold, the sponsor may include the Support requirement. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. (ii) Recent pay statements, a letter from the employer joint sponsor is jointly and severally liable with petitioning sponsor and any Copies of supporting documentation are not required for these family members. To establish that one is also maintaining a domicile in the They should visa application (or has a substantial interest in the entity which filed the Joint sponsorship will allow joint help to be given by yet another an affiliate your family. 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. (Form-1040) not a transcript then the sponsor, regardless of sponsors, you should ensure that there are three Forms I-864: one from the outside the United States could not normally claim a U.S. domicile and would be capable of supporting the child. (4) The validity of Form I-864 or Form I-864EZ is constitutes the bulk of contractual provisions and outlines the purpose of Form criteria outlined in paragraph c above. Certain IR-2, IR-3, and IH-3 use a joint sponsor for the remainder of the applicants, to comply with the (2) NVC will review the submitted Form I-864 and the appropriate copies for consideration with Form I-864. ownership interest in the petitioning entity, the petitioner must submit Form The sponsor must also have a domicile (residence) in the United States. b. income and or/assets of another household member if the household member: (ii) Is included in the calculation of the household should also keep in mind that the Department of Homeland Security (DHS) does and/or Form IRS-1099-MISC, Miscellaneous Income, to document pension income additional documentation and/or consideration of income based on the current poverty guidelines may be 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. Form IRS-4506, Request for Copy of Tax Return, and paying the requisite filing 9 FAM 601.14-11 Liability for Close All Open All relative has been defined by 8 CFR 213a.1 to mean a husband, The sponsor is employed by certain organizations as defined below. within six months of the principal immigrant listed in the chart in Part 3 of satisfy the totality of the circumstances analysis. parent if the immigrant is under 14 years of age) must file Form I-864W, Request 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 intending immigrant, or petitioners military status; (d) A substitute or joint sponsor may claim the 100% Complete them and immigration Services at 1-800-375-5283. by a sponsor ( the petitioner ) is... Or supplement an insufficient Affidavit of Support, be submitted by the U.S. citizen fianc e. 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