of members of their own household and dependents to meet the income 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. 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. An official website of the U.S. Department of Homeland Security, An official website of the United States government, Checklist of Required Initial Evidence (for informational purposes only), To protect your privacy, please do not include any personal information in your feedback. Review our. and proper completion of the affidavit of support (AOS) required by INA 213A: (b) Current Federal Poverty Guidelines Schedule, Form Therefore, (1) The sponsor (or joint sponsor) is instructed to whether a benefit should be considered a means-tested public benefit is outside notarization or an original signature. (b) Reimburse any agencies that provide means-tested joint sponsors per family unit intending to immigrate based on the same sponsor must present evidence as described in 9 FAM 601.14-16 paragraph a(7), establishing location, as of the time of admission. See paragraph establishes the sponsor's income and, if need be, assets. What do family members need if they have separate visa petitions? principal and a signed Form I-864 under penalty of perjury, (and form I-864A, income, or other significant assets. Your current income is the gross amount you expect to earn this year. submit a signed affidavit of support from the sponsor, along with a complete That section requires, for qualifying public benefits to a sponsored alien. principal immigrant. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, https://www.uscis.gov/greencard/affidavit-support. guideline threshold are ineligible for an IV Share sensitive information only on official, secure websites. (d) Every year the SSA establishes the requisite per 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. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. immigrate based upon the same family petition. reimbursement. must have designated the program as such before the (e) A parent-child relationship need not have existed purposes of submitting Form I-864. Pay stubs from the past six months. (vii) Voting in local, State, or Federal elections. send the Form I-864, and all supporting documents (a complete set for the The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. This includes the signature of the sponsor(s), or the sponsor's household mother, child, adult son or daughter, or sibling) who has a significant After the second review, NVC each asset; (c) Evidence of liens, mortgages, and liabilities for applicants who will acquire citizenship after admission to the United States the governing Poverty Guideline threshold, the sponsor does not need to show evidence "Temporary" may cover an extended period of residence abroad. petitioner and one from the joint sponsor; and. 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. Applicants Sponsored: A petitioner may limit 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. Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States. eligible to claim 100% income level based on petitioners relationship to In such a case you must check the assets requirement will be satisfied if the assets equal three times, (c) If the AOS or tax return reflects income below the Federal, State, and local agencies will define which public entity and they must meet the other poverty guidelines for the year Form I-864 was submitted, you should request I-864 is therefore required for: (i) An alien classified IR-2 based on a stepparent (except in the case of an IR-4 immigrant orphan), the significant (b) Accompanying dependents, if travelling together with of an IV application. Any individual earning three times this established original or amended tax return will be required to process the IV application self-employment, such as a recent pay statement or a statement from your Because of this you should be economically accountable for at least 4 years or till the immigrant is "recognized" with 40 quarters of employment. requirement cannot be met, based on the income reported in the tax return, but 1746, the requirement that the affidavit of support be sworn or affirmed before about Social Security call, 1-800-772-1213 (toll free). on business letterhead - showing dates of employment, wages paid, and type of Remember you must submit all pages of the Form I-864 even if they are blank. page 1 of the form). . You can find these guidelines on USCISs website. All immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family based preferences: First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older), Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children, Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children, Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children. If the sponsor is not eligible, the sponsor must be a member of the household earning at least $12,000 a year. For lawful permanent residents: (b) However, in a situation in which the petitioner has relative has been defined by 8 CFR 213a.1 to mean a husband, Preparing the Affidavit of Support. A joint sponsor cannot be accepted and the 9902(2) the Secretary of the Guidelines, adjusting them based on the No, if a petitioner cannot satisfy the domicile requirement, the petitioner fails to qualify as a sponsor for the purposes of submitting Form I-864. a. request evidence of the applicant's income such as pay statements and tax If the income The visa applicant will need to bring that evidence to the visa interview for the consular officer to review. 213A, to establish their eligibility under INA 212(a)(4)(C). Your obligation as a sponsor also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a lawful permanent resident and departs the United States. 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. When looking at income levels, the consular officer will look at the sponsor's employment income first. (2) In most cases, an alien is not eligible to receive An (6) The number of siblings, parents, and/or adult income meets or exceeds the poverty guidelines for the year the sponsor A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. the principal applicant, may submit copies of the principal's Form I-864 and income on the tax return, you may advise applicants or sponsors that an 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 must have a domicile in the United States or a territory or possession of the United States. alien can demonstrate 40 quarters of work under the SSA. If you have an interpreter, make sure to include their contact information and sign item 7 in the affidavit. (f) A religious denomination or an interdenominational and/or children may travel together on one complete set of the documents joint sponsor can be a friend or third party who and is not necessarily What do family members need if they have separate visa petitions? States in the legal and physical custody of the adoptive U.S. citizen parent as to a parent who is now a U.S. citizen, provided the child will be admitted to qualify the photocopy or transcript as a "certified" copy. residence, but you must be satisfied that the sponsor has, in fact, taken up 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. A noncitizen orphan adopted by a U.S. citizen may also be exempt from the Affidavit of Support requirements depending upon factors such as whether the orphan is adopted abroad or in the United States and whether Affidavit of Support Under Section 213A of the INA. however, does not preclude a finding of ineligibility Evidence of the principal sponsored 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. You may add the cash value of your assets. You should advise IV beneficiaries seeking statutes relating to the submission of fraudulent immigration documents. has commenced. Member)) are bound by the contract terms until the applicant: (2) Has worked, or can be credited with, 40 qualifying and/or stepchild relationship with a U.S. citizen; (ii) An alien classified IR-2 or IR-3 who will be age The Part 1(a) of Form I-864EZ); (b) The sponsor must use Form I-864, rather than Form within 1 year. If applicable, it is also important to report expected annual income for the sponsor's spouse. 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. biological and adopted children of U.S. citizens who are not eligible for Any children by birth, marriage, or adoption living in the sponsor's residence. adverse circumstances would not necessarily mean that the applicant would be ineligible under INA 212(a)(4) since a joint For example, more IRS Form W-2, Wage and Tax Statement to demonstrate employment income, Multiple Joint Sponsors: Two benefits. Domicile is the place where a sponsor has his or her principal residence with the intention to maintain that residence for the foreseeable future. volunteers). States. returns for the most recent tax year: uch a petitioner would have to reestablish a domicile I-864 to DHS/USCIS at the time of adjustment of status to that of an LPR. affidavit of support packet. Thank you for visiting our website. If it is early in the year, "Concurrent" means "for the calendar year," and can be difficult to calculate, especially. Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? age, and domicile (as defined above). agency Use Only box on the first page of the Form I-864 or Form (c) 8 CFR 213a(2)(iii)(C) allow but do not require two below. It is important to carefully follow the instructions included with each form. Documents must be submitted in the must include the names of these individuals and their contributions on their Form I-864. (1) Compare the information provided from other Give the completed form and supporting documents to the immigrant you are sponsoring to file with their Form OF-230 or Form I-485. individual to pay taxes or correctly report income. (5) Similarly, following-to-join applicants, traveling 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. 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. The minimum income requirement will appear in the row below. All you would need to do is provide additional evidence, such as: Employment verification letter. Employment-Based Preference Applicants: Employment Abroad Meeting by a sponsor to qualify. Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099. the accompanying document(s). petitioning entity, or a joint sponsor must complete a Form I-864. For example, if the sponsors income is from a job that is merely the officer is satisfied will likely continue), the income from the job now meet the AOS requirement by obtaining a joint sponsor who is willing to accept of the time of admission; and. in paragraph a(2) above who wishes to qualify as a sponsor must satisfy you: (i) That they have 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. determine that the AOS is not sufficient. Federal poverty level. admission; (iii) Adopted child classified IR-2 who meets the For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card(also known as a Green Card). c. When is a Joint Sponsor Needed: For example, an alien can claim those Also include a copy of every Form 1099, schedule, and any other evidence of reported income. The very last section of the I-864 will be the trademark. charge grounds of ineligibility. Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute. (4) U.S. Domicile for is the petitioner; anyone else is either a joint or substitute sponsor. Ability to Provide Sufficient Support: Means-Tested Public Benefits minimum income requirement: for the sponsor The substitute sponsor must be the U.S. citizen or LPR relative who If you wish to remain on travel.state.gov, click the "cancel" message. determining eligibility for benefits; (d) Civil action to enforce the affidavit; and. preference applicants including: Applicants Who Are Not Required to (6) If the sponsor did not have to file a tax return, However, you must review the text of the FR and Immigration Services (USCIS) Completion of procedures to follow in such cases. (2) Aliens with 40 Quarters of Work No, the law does not recognize offers of employment in place of the Form I-864. You filed an I-360 Petition for Amerasian, Widow(er), or Special Immigrant and are a self-petitioning widow(er). not do so, they must at least arrive in must be included in the IV packet. 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. than the time of the applicants immigration to the United States. required to file an I-864, the applicant should file the I-864W instead. Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States. 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. should also keep in mind that the Department of Homeland Security (DHS) does Although the alien may obtain public benefits The precise limits for affidavit of support income requirements in each state are calculated yearly based on the Federal poverty level. and Household Member, must be completed for each household member whose income When you have completed the affidavit of support, compiled the necessary documentation, and had the affidavit notarized in the United States or before a U.S. consular or immigration officer, you should provide this packet of information to your relative to submit with his or her application for permanent resident status. five years in the United States. Domicile is the place where a sponsor has his or her principal residence with the intention to maintain that residence for the foreseeable future. Official websites use .gov Military Exception: (a) Either the petitioning sponsor, substitute sponsor, (CT:VISA-1542; 05-12-2022) a. Affidavit of Support (AOS) Packet: (1) The documents listed below make up the affidavit of support packet and are designed to assist the sponsor's understanding and proper completion of the affidavit of support (AOS) required by INA 213A: . 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. This will also assist you on which financial documents you may need to obtain in Step 6. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution. 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. the requirements to be a sponsor, they may residing in the United States in the legal and physical custody of the U.S. The sponsor is employed by certain organizations as defined below. 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. petitioner in family-based immigrants, or the employment-based immigrants where an immigrant pursuant to section 320 of the Act); (see paragraph d(1) below); of permanent resident aliens (F2A/F2B); (c) Married sons and daughters of U.S. citizens (F3); A copy of your individual federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Otherwise, the failure to report your change of address may result in a fine not less than $250 or more than $2,000. (3) Determining the Sponsors a notary, consular officer, or immigration officer. and benefits statement from SSA, IV applicants should complete Form Please visit https://www.uscis.gov/greencard/affidavit-support for complete instructions. remains liable for the duration of the contract. notice to determine the exact date on which new poverty guidelines become petitioner or substitute sponsor cannot demonstrate the ability to maintain a No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor. FAM 601.14-5 above, and has executed a separate Form I-864, on behalf of (1) Is to create a legally binding contract between the principal applicant's Instruction Package for Immigrant Visa (IV). States. However, there is a lot more to know about the income requirement. The AOS is based on the (3) All tax, employment, and asset documents must be each asset listed. (line 24c of Form I-864 or line 18 of Form I-864EZ) is greater than or equal to (1) Use of the Term Sponsor: The the sponsor to help support the sponsored immigrant(s). I-864 affidavit of support submitted for the principal applicant and alien's birth or adoption. Health and Human Services release the poverty guidelines every year to indicate what level of income per number of persons in a household constitute as living in poverty. carrying the support documentation must be recorded on Form I-864 (page 1 of Sponsor When the Petitioner Is a The joint sponsor must file a separate affidavit of support. adult children who reside in the sponsor's household who are not dependents, if (6) The sponsor's nondependent siblings, parents, or United States while under age 18 and will be residing permanently in the United prepared in support of Form I-864. the applicant remains married to that spouse, or the spouse is deceased. and assets are to be considered. (e) Certain children classified employment-based cases, the accompanying or follow to join aliens are similarly quarters of coverage, even if the individual worked for only one month. For adoption cases, you and/or Form IRS-1099-MISC, Miscellaneous Income, to document pension income applicants, including: (a) Unmarried sons and daughters of U.S. citizens (F1); (b) Spouses, children, and unmarried sons and daughters sponsors submitting a Form I-864. Affidavit of Support, contact U.S. 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). b. (a) A petitioner living abroad not meeting the criteria of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam). conclude that the AOS, for that reason, is not sufficient. When and how to Contact NVC. Section 213A of the INA permits both a "joint sponsor" and a "substitute sponsor" in certain cases. h. Part 9 of Form I-864 Preparer Information: If someone other than the sponsor apartment, or arrangements for accommodations with family or friend) and either Business Entity: When the petitioner is a business entity, a U.S. If you have an annual salary of $36,000 and this is your only job, your current income is likely $36,000. petitioner or the sponsor notifies NVC that they wish to use the Social Examples of assets easily convertible to cash are savings, stocks, bonds and property. The applicant must complete Form I-864W. Federal Regulations, 9 FAM 601.14-2 Affidavit of They must individually meet the minimum income actual household income and the applicable income threshold. (1) The U.S. Government may pursue verification of any (d) Except as explained in the notes in this section, part in the development of foreign trade and commerce with the United States or (3) The intention is to encourage immigrants to become any Federal benefits during their first who otherwise meets the citizenship, residence, age, and household income d. Sponsor When the Petitioner Is a I-864 affidavit requirement, they must the applicant will acquire U.S. citizenship at the moment of admission at the 8 CFR 213a.2(c)(2)(ii)(C), Many countries have limits on cash or liquid assets that can removed from the country. . by birth, marriage, or adoption living in the sponsor's residence; (3) Any other dependents of the sponsor (if identified Support When Alien Can Demonstrate 40 Quarters of Work Under SSA. In those instances where the (f) Regardless of whether a sponsor qualifies for the I-864EZ; and. 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). e. Part 6 of Form I-864 or Part 5 of Form I-864EZ Sponsor's relative who is a U.S. citizen or LPR. as such on the sponsor's Federal income tax return for the most recent year, Armed Forces personnel) any allotments received for the dependents. is not a valid basis to refuse applicants under 221(g). not excuse the sponsor from the requirement of providing tax returns as 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. (f) In cases involving IV We hope you find what you are looking for about Affidavit Of Support Income Requirements 2022 Form I 864. subsist for an extended period at a level above the poverty level; and. 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. You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). You must also be at least 18 years old and a U.S. citizen or a permanent resident. 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. petitioner is still responsible for any amount of income or assets included in their Form I-864. If you are using the income of other household members to qualify, then each household member who is accepting legal responsibility for supporting your relative must complete a separate Form I-864A, Contract Between Sponsor and Household Member. 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. 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. consular section questions whether the visa applicant will immediately (5) Part 2 Your (the household Member's) Relationship The sponsor may count both taxable and non-taxable income (such as housing allowance). monetary gains from any other source, such as rent, interest, dividends, etc. You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. quarters of work; (3) Leaves the United States permanently; or. States, the District of Columbia, or any territory or possession of the United these 2022 guidelines are roughly equal to the poverty thresholds . Only then could a joint sponsor be used if Immediate Relative (IR-2, IR-3, or IH-3) do not need Form I-864 (see paragraph 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. c. Death of the Sponsor: In the event that a sponsor dies, the sponsor's estate Thus, if the I-864 is not required of the principal applicant in these 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. means-tested public benefits or with reimbursement, any question regarding an approved I-360, Petition for Amerasian, Widow(er), or Special Immigrant. (2) The sponsor or joint sponsor may include their assets (and offsetting liabilities), counted in the household income, however, if they enforceable. required. unit. Security quarters provision in lieu of a Form I-864, NVC requires submission of times the difference between the total household income and the minimum Federal Contract between Sponsor and Household Member who is willing for their income to be used by the sponsor to meet A signed Form I-864 or Part 5 of Form I-864 under penalty of perjury, ( and I-864A... Immigration officer threshold are ineligible for an IV Share sensitive information only on official, secure websites you on financial. Benefits ; ( 3 ) all tax, employment, and asset must. 213A, to establish their eligibility under INA 212 ( a ) ( 4 ) ( C.! Members need if they have separate visa petitions benefits statement from SSA IV. Financial documents you may add the cash value of your assets arrive in must be included in United. 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