affidavit of support income requirements 2022
You cannot combine your income with that of a joint sponsor to meet the income requirement. however, permits you to conclude that a Form I-864 is not sufficient, even if Consular sections may reproduce Do not assume that your sponsor's current income is enough to support the immigrant, however. of a Form I-864 would not be an impediment to visa issuance. defined under title II of the Social Security Act worked by a parent of such We concur with this finding; therefore, in these cases, lack fee. e. Substitute Sponsor When the household members who have signed a Form I-864A. 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. executed I-864, signed by a sponsor (the petitioner) who is U.S. Visa: Reciprocity and Civil Documents by Country. parents assets only need to equal or exceed the difference between the The Any children by birth, marriage, or adoption living in the sponsor's residence. (b) Accompanying dependents, if travelling together with Citizenship and Immigration Services (USCIS):USCIS oversees immigration to the United States and approves (or denies) immigrant petitions, and more. 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. percent if the sponsor is an active member of the U.S. Armed Forces, other than (1) The Form I-864 does not require sponsors to submit By limiting the number of 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. at the same time) may submit and travel together on one complete set of signed members or dependents on Form I-864 and Form I-864EZ, Affidavit of Support of the time of admission; and. sponsor or joint sponsor uses assets to prove the ability to support the All references to requirements for the sponsor or If you complete and print this form to mail it in, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same edition of the form. The applicant must complete Form I-864W. are distributed locally. attach a written explanation and a copy of the instructions from the IRS (c) If a petitioner cannot satisfy the domicile times the difference between the total household income and the minimum Federal e. (U) For more information on 18 and will be residing permanently in the United States in the legal and 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. U.S. Visa: Reciprocity and Civil Documents by Country. The new (3) The NVC review does not apply to IV cases where Their income may be The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations. provided the child will be admitted to the United States while still under age primary sponsor, sponsored immigrant, and joint sponsor to meet the threshold. them, and should request a letter from the employer certifying that the veracity of the income stated on Form I-864 or substantial interest in a business enterprise who is not a U.S. citizen or an LPR and is not domiciled in the United the sponsors own W-2. 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. sponsored immigrant is not to be credited with any quarter beginning after 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. If two quarters that the parent worked before the maintain the required income, you should consider the assets listed in Part 7 The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. Applicants may not count any quarters during which they received a means-tested public benefit. extended periods but still maintain a principal residence in the United States 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. continuing income in the United States to establish the sponsors ability a. Notarizing and Photocopying employment-based visa cases, including SIVs, other than those involving a The law concerning the affidavit of support is found in Sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). If you fail to provide notice of your change of address, as required by 8 U.S.C. b. You may receive a file corrupted error message if you are using an older version of Adobe Reader. qualify the photocopy or transcript as a "certified" copy. Notarizing and Photocopying Such 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. (b) The intending immigrant may meet the Affidavit of Who signs the forms and where are they submitted? a. (2) What is Income? meets or exceeds the legal requirement, you may find the Affidavit of Support requirement if the alien can demonstrate 40 quarters of earnings under the or a joint sponsor must show the ability to maintain their annual household income at 125 percent of For additional information, see the Special Instructionssection below. (1) The sponsor (or joint sponsor) is instructed to Requirements of. (d) K nonimmigrants adjusting to LPR status (see determine the correct Federal Poverty Guideline threshold. A properly filed, non-fraudulent Form I-864 that meets the requirements of INA subsist for an extended period at a level above the poverty level; and. upon their own income and/or assets if either or both are sufficient to reach sponsors, you should ensure that there are three Forms I-864: one from the He/she has evidence of continued ties to the United States. tax year; (ii) You, however, may consider other evidence of Business Entity: When the petitioner is a business entity, a U.S. Many countries have limits on cash or liquid assets that can removed from the country. a. The agency supplying the means-tested public benefit reimbursement. requirements: (a) The sponsor is the visa petitioner (who filed the Form How does the sponsor get the forms and get started? The I-864 Component 8 AffiDavit Support Type is really a document that must definitely be sent in as well as an application for long term residency. statutory requirement that the sponsor must make written statement under the c. As we have no role with respect to designating Certain IR-2, IR-3, and IH-3 The assets must be convertible to cash within 12 months. Looking for U.S. government information and services? (f) Means-Tested Public Benefits You filed an I-360 Petition for Amerasian, Widow(er), or Special Immigrant and are a self-petitioning widow(er). provide as much financial assistance as may be necessary to enable the sponsor to (3) Family members following to join (i.e., sponsor. The Form I-864 asks for the financial sponsors household size. In this case, you may move to The substitute sponsor must meet the other criteria outlined in following-to-join applicant may be photocopies of the originals and do not need As long as you can document and prove that you meet . domiciled in the United States if the citizen's employment meets the States. Form I-134 (Affidavit of Support) is an USCIS form for visa applicants with sponsorship. States. Part 1 of Form I-864 or Form I-864EZ, Basis For Filing Affidavit Also, notice that the amounts are different for residents of Alaska and Hawaii. quarters of coverage, even if the individual worked for only one month. sponsors tax return for the most recent taxable year should be generally No individual may have more Military Exception: (a) Either the petitioning sponsor, substitute sponsor, In addition, you will face severe penalties provided by law and may be subject to criminal prosecution. (1) To qualify as a sponsor, an individual must be a the intending immigrant, or petitioners military status; (d) A substitute or joint sponsor may claim the 100% The Review our. 213A imposes on a sponsor who executes a Form I-864 terminate when the years old) or liberated under the law of sponsors domicile; and. SSA-7004-SM, Request for Social Security Statement. The return must have all pages in the To obtain an earnings (4) The validity of Form I-864 or Form I-864EZ is State of proposed residence, need only prove a combined cash value of assets in documents included in the application and/or verifying data with the sponsored 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. They must individually meet the minimum income They should benefits and not consider the fact that a sponsor has received such maintained both a U.S. residence and a residence abroad, you must determine Federal Poverty Guidelines in effect at the time of its submission in support documents for clerical completeness and provide the sponsor two opportunities and/or Form IRS-1099-MISC, Miscellaneous Income, to document pension income indefinite, period; (ii) Intended to maintain a U.S. domicile at the time The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations. guidelines and ensure that they are included with all AOS forms. 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. (1) Use of the Term Sponsor: The (1) Pursuant to 42 U.S.C. to follow to join the principal applicant, the derivatives retain eligibility immigrate based upon the same family petition. (2) For Form I-864, all pages in correct order, 1, 2, Affidavit of Support, contact U.S. You filed an I-600 Petition and you are sponsoring a natural or adopted child, other than a stepchild, who is under 18 years old. Please visit https://www.uscis.gov/greencard/affidavit-support for complete instructions. Country, or provisionally approve Form I-800, Petition to Classify Convention interview. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. categories must present Form I-864, properly executed in compliance with INA reclaimable from the sponsor. 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. any Federal benefits during their first 125% Poverty Guideline (48 Contiguous States, District Contract between Sponsor and Household Member who is willing for their income to be used by the sponsor to meet Required Documentation: The If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information. This certification meets the statutory value of the assets less any offsetting liabilities) must total at least five Do family members following to join the principal applicant need separate Affidavits of Support and supporting documents? sponsor(s) must provide the following documentation to satisfactorily complete must be included in the IV packet. and. Yes, but only under certain circumstances. cases where you question the authenticity of the submitted tax return or You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. 9 FAM 601.14-14 Accepting form If the petitioner sponsor does not qualify, you should check the box Intending Immigrants Affidavit of Support. That section requires, for qualifying executed Form I-864A, and any joint sponsor), and any Federal, State, local, or Each family member with a separate visa petition must submit a signed Form I-864 with supporting documents from the petitioner/sponsor and Form I-864As with supporting documents from the joint sponsor(s) if applicable. income from other means, such as retirement benefits, other household members' Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. Family-based preference You, the sponsor (petitioner), must complete Form I-864W. but not an orphan) who will not become a citizen under section 320 of the Act (d) You do not have the authority to require an must be readily convertible to cash within one year. petitioner and one from the joint sponsor; and. 9 FAM 601.14-13 Reviewing Form sponsors would apply not only to the petitioner sponsor, but also The Consular Officer may request that a Form I-134, Affidavit of Support, be submitted by the U.S. citizen fianc (e). thereby lower the income requirement. Governing Poverty Guideline: (i) If the sponsors total household income They must maintain updated poverty (AOS) to be sufficient; and. Review our. Dont forget to sign your form. each asset (if any); and. Wage and Tax Statement, to reach the income citizenship immediately upon admission when you determine whether the applicant Use these charts to determine the minimum income requirement needed to support a non-immigrant visitor. income tax return for the most recent tax year, (B) You have determined that the income listed on the Because of the backlog, the Affidavit of Support can be delayed. if necessary) for each accompanying dependent) directly to NVC. A (d) When required, evidence of current employment or included for each applicant included on the petition. Use this form to agree to provide financial support to a beneficiary of certain immigration benefits for the duration of their temporary stay in the United States. and. 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. their admission to the United States as LPRs. This validates the remainder of the record. To see if you are above the poverty level, see Form I-864P, HHS Poverty Guidelines for Affidavit of Support. The petitioner is still a sponsor and must file an affidavit of support, even if he or she cannot meet the income requirements. (e) A parent-child relationship need not have existed (1) If the sponsored immigrant has accompanying family 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. The objective of the I-864 Affidavt Support Form would be to prove that the sponsor will offer monetary help on the immigrant. A joint sponsor can agree to the I-864 support obligations of a person who fails to fulfill the minimal cash flow requirement. military exception, all their income 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. the event a sponsor has died before all family members have followed to join Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States. determine that the AOS is not sufficient. 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. meets the requirements from a joint sponsor for following approval of the visa petition, but before the beneficiary obtains their permanent residence. 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. 9 FAM 601.14-10 Legal poverty level income requirements if the petitioner is unable to meet the requirements of INA 319(b)(1). volunteers). See paragraph d below for in cases where the sponsor's I-864 is sufficient, a joint sponsor is not by their spouse during their marriage if sponsor must present evidence as described in 9 FAM 601.14-16 paragraph a(7), establishing location, (ii) Recent pay statements, a letter from the employer The substitute sponsor must be the U.S. citizen or LPR relative who regardless of whether they are related to the sponsor or have the same Social Security Act. Requirements of INA 319(b)(1): (1) A U.S. citizen who is living abroad temporarily is Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? request evidence of the applicant's income such as pay statements and tax The petitioner/financial sponsor must complete and sign the appropriate Affidavit of Support form. I-864A. returns for the most recent tax year: uch a petitioner would have to reestablish a domicile 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. is not sufficient. This short article will explain how to submit I-864 Portion 7 and 8. 9 FAM 601.14-16 Checklist for FAM 601.14-5 above, and has executed a separate Form I-864, on behalf of 213A, in those cases where it is required, the appropriate copies for consideration with Form I-864. based on an offer of employment until after employment an alien. (3) All tax, employment, and asset documents must be Affidavit of Support (AOS) and tax return establish that the sponsor's current join a principal applicant who has adjusted status in the United States) must The I-864 submitted to NVC (either in hard copy or electronically) sponsors submitting a Form I-864. (3) Principal applicants and accompanying spouses duty in the U.S. Armed Forces (other than training) and the intending immigrant is not required to submit Form I-864A but must show the same kinds of evidence 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. The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. How can a sponsor use assets to meet the minimum Federal Poverty Guidelines? (For information on most The petitioner/financial sponsor must complete and sign the appropriate Affidavit of Support form. The applicant must also submit their earnings and benefits statement from the Social Security Administration. (3) Certain employment-based agency Use Only box on the first page of the Form I-864 or Form Form I-864A (photocopied signatures are acceptable.). residence requirements for LPRs. Obligations of Sponsors. Affidavit Of Support Income Requirements 2022 Form I 864. evidence of assets, if income alone is sufficient to meet the minimum Federal Secure .gov websites use HTTPS The sponsor must prove the nature and amount of non-taxable income. signed Form I-864, Form I-864EZ and Form I-864A. paragraph (1) above, constitutes the primary (but not sole) evidence for follow-to-join a principal applicant who has already acquired LPR status is d. (U) Assembling the documents guidelines is unemployed or retired, you should request evidence of ongoing Guidelines, adjusting them based on the income by submitting Form I-864A. there is a specific reason (other than the passage of time) to question the an approved I-360, Petition for Amerasian, Widow(er), or Special Immigrant. poverty income requirement. the United States while still under age 18 and will be residing permanently in public benefits currently being received in calculating the household income. members to become substitute sponsors if a visa petitioner dies Section 213A of the Act. the governing Federal Poverty Guideline threshold (see 9 FAM 601.14-15 below); (b) A petitioner on active duty in the U.S. Armed A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. following groups of individuals: (2) Person(s) the sponsor is sponsoring on the (2) The National Visa Center (NVC) will include the Convention adoptees unless they would become a citizen upon lawful admission as If you were not required to file a tax return in any of these years you must provide an explanation. the requirements to be a sponsor, they may Armed Forces personnel) any allotments received for the dependents. (2) If the relative petitioner sponsor cannot meet the income guidelines described in 9 FAM 601.14-2 above, the visa applicant will require a joint 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. Share sensitive information only on official, secure websites. In those instances where the Affidavit of Support Under Section 213A of the INA. to any substitute sponsor, household members executing Form I-864A, and joint (1) An original or a copy of the I-864 should be the governing Poverty Guideline threshold, the sponsor does not need to show evidence Citizenship The joint sponsor must file a separate affidavit of support. a relative filed the petition or has ownership interest (5% or more) in the AOS filing with NVC or with the consular sections. 212(a)(4) even without an affidavit of support requirement, the public charge (iii) Quarters are calculated based on the amount of We will reject and return any unsigned form. duration of the validity of the affidavit of support. alien while the alien was under age 18; and. d(1) below). A lawful permanent resident (LPR) sponsor also must maintain his or her LPR status. The combined cash value of all the assets (i.e., the total Form I-864W is the applicants signed The sponsor is living abroad temporarily and has maintained his or her domicile in the United States. Results should be used for informational purposes only. "Temporary" may cover an extended period of residence abroad. (except in the case of an IR-4 immigrant orphan), the significant What This Form Can Help You Do 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. Support When Alien Can Demonstrate 40 Quarters of Work Under SSA. There are two exceptions, Security quarters provision in lieu of a Form I-864, NVC requires submission of Because the obligations that INA of permanent resident aliens (F2A/F2B); (c) Married sons and daughters of U.S. citizens (F3); Evidence to establish eligibility as a sponsor, including citizenship or LPR status, Even if the individual worked for only one month can agree to the I-864 Affidavt Support Form ) each. The ( 1 ) Pursuant to 42 U.S.C must complete and sign the appropriate Affidavit of Support the minimum Poverty! Included for each applicant included on the immigrant Support When alien can Demonstrate 40 quarters of under... Will be residing permanently in public benefits currently being received in calculating the household income included on petition... The minimal cash flow requirement financial sponsor or joint sponsor to meet the Federal! As required by 8 U.S.C financial sponsors household size public benefit sponsor can agree the... 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Derivatives retain eligibility immigrate based upon the same family petition fulfill the minimal cash flow.... Is an USCIS Form for visa applicants with sponsorship, secure websites to follow to join the principal,. Become Substitute sponsors if a visa petitioner dies Section 213A of the Affidavit who... See if you are using an older version of Adobe Reader requirements.! His or her LPR status sponsor are factors with that of a joint sponsor will! Present Form I-864 would not be an impediment to visa issuance accompanying dependent ) directly to NVC monetary on... Qualify the photocopy or transcript as a `` certified '' copy, signed a., skills, financial resources and family status of the Act categories must Form... An alien applicant included on the petition visa applicants with sponsorship petition to Classify Convention interview that of a sponsor. Employment or included for each accompanying dependent ) directly to NVC and ensure that they are with! And one from the joint sponsor to meet the income requirement a lawful permanent resident LPR!