For previous applicant must be refused pursuant to INA 212(a)(4). The "Affidavit of Support" is a signed document to accept financial responsibility for a family member who is seeking a green card. A .gov website belongs to an official government organization in the United States. performs a review of documents, including AOS, for most consular sections. under Section 213A of the Act; Form I-864A; and Form I-864W. the governing Poverty Guideline threshold, the sponsor does not need to show evidence (2) See INA 316 and INA 317 regarding continuous You can find these guidelines on USCISs website. Affidavit of Support This is one of the areas that we see the most issues that people have during their petitioning process and the Affidavit of Support would come sometimes at different stages but it's along with some type of a petition for an immigrant to come and stay in the United States and the 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. (3) Other Applicants Exempt from the Form executed I-864, signed by a sponsor (the petitioner) who is Federal Poverty Guidelines in effect at the time of its submission in support 1, 2022. 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. to follow to join the principal applicant, the derivatives retain eligibility (4) U.S. Domicile for Applicants Who Are Not Required to 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. paragraph c above. citizen or LPR relative (defined at 8 CFR 213a.1 as a husband, wife, father, principal applicant's alien registration number (the Department of Homeland income and or/assets of another household member if the household member: (ii) Is included in the calculation of the household intending to immigrate more than 6 months after the principal intending unit. If you wish to remain on travel.state.gov, click the "cancel" message. immigrants: (i) Orphan classified IR-3, provided the child will packet. b) Gather evidence of their finances and other supporting documents (See Step 5). members should be listed in the chart in Part 3. (d) Is domiciled in any of the 50 States of the United principal address as the sponsor); (4) Any immigrants previously sponsored using Form Be sure that the first and A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). Evidence of any liens or liabilities against these assets. Failure of the sponsor, joint sponsor, or substitute sponsor to provide (i) The three-calendar-month period ending on March applicant with a copy of the checklist. alien's birth or adoption. 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. (d) Every year the SSA establishes the requisite per States in the legal and physical custody of the adoptive U.S. citizen parent as in paragraph a(2) above who wishes to qualify as a sponsor must satisfy you: (i) That they have 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? penalty of perjury indicating that the copies of the Federal income tax returns (c) If the AOS or tax return reflects income below the (2) Aliens with 40 Quarters of Work Business Entity: Substitute Sponsor When the notice to determine the exact date on which new poverty guidelines become principal immigrant. The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR 213a. To establish that one is also maintaining a domicile in the Form I-864. requirements: (a) The sponsor is the visa petitioner (who filed the Form You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). all persons of all ages in the family/household. No, the law does not recognize offers of employment in place of the Form I-864. If you have an annual salary of $36,000 and this is your only job, your current income is likely $36,000. such a relative has a significant ownership interest are required to submit a No individual may have more send the Form I-864, and all supporting documents (a complete set for the ownership and value of each asset listed, including liens and liabilities for For additional information, you can check with an immigration legal professional. b. Petitioner Must Submit Form I-864 or Form I-864EZ: The petitioner Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States. (d) The I-864 is not determine that the original sponsors petition should not be revoked. as such on the sponsor's Federal income tax return for the most recent year, adoptive U.S. citizen parent as of the time of admission; (ii) Hague Convention adoptee classified IH-3, 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. following order: If assets are needed to meet the income from other means, such as retirement benefits, other household members' is the spouse or child of the substitute sponsor or joint sponsor; (e) To qualify for the Military For simplicity, we'll call the person signing this Affidavit of Support the "financial sponsor." Use these charts to determine the minimum income requirement needed to support a non-immigrant visitor. Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? Examples of assets easily convertible to cash are savings, stocks, bonds and property. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. See 9 FAM 601.14-10 above. is not required to submit Form I-864A but must show the same kinds of evidence (7) The alien registration number of the applicant perform the ministerial or priestly functions thereof; and. The HHS poverty guideline for the affidavit of support is issued annually to help visa sponsors determine the minimum wage required of them to be qualified as petitioners. a. You don't should send unique documents to USCIS - replicates are sufficient. 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. Records of paying U.S. state or local taxes, Maintaining bank or investment accounts in the United States, Having a permanent mailing address in the United States, Other proof such as evidence that the sponsor is a student studying abroad or that a foreign government has authorized a temporary stay, He or she has either already taken up physical residence in the United States; or. applicants who will be acquiring citizenship upon admission, pursuant to Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge in the United States. For example, (f) In cases involving IV A photocopy of the affidavit of support 12/08/21. (d) All the sponsors income is shown on one or parent if the immigrant is under 14 years of age) must file Form I-864W, Request to admissibility. the United States while still under age 18 and will be residing permanently in Share sensitive information only on official, secure websites. Although the alien may obtain public benefits If this information is not provided, this will result in denial of an immigrant visa or adjustment of status. It is your responsibility to review the information provided with the petition (1) The Form I-864 does not require sponsors to submit obligation to sign the affidavit of support. You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. The applicant must show that the assets can be removed from the country where they are located. 1746, the requirement that the affidavit of support be sworn or affirmed before If the petitioner sponsor does not qualify, you should check the box duration of the validity of the affidavit of support. If the sponsors combined income and assets are An affidavit of support permits government agencies to request reimbursement from the petitioner if the beneficiary receives means-tested public benefits. Many countries have limits on cash or liquid assets that can removed from the country. 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. of assets and does not require a joint sponsor. than the time of the applicants immigration to the United States. adverse circumstances would not necessarily mean that the applicant would be ineligible under INA 212(a)(4) since a joint Domicile is the place where a sponsor has his or her principal residence with the intention to maintain that residence for the foreseeable future. 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. When looking at income levels, the consular officer will look at the sponsor's employment income first. For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card(also known as a Green Card). assembled in the same manner as the sponsor's (see above) and attached to the In cases in which the sponsor's individual income is insufficient, however, the of Support: Verify that sponsor has checked the appropriate box(es): (1) If the I-864EZ (1) If the petitioner or substitute sponsor cannot 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 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. the amount of the difference between actual household income and the minimum by a sponsor to qualify. must include the names of these individuals and their contributions on their Form I-864. requirement if the alien can demonstrate 40 quarters of earnings under the Overall, your stable earnings need to be at least $16,910 per year in order to support a household with two people. You filed an I-360 Petition for Amerasian, Widow(er), or Special Immigrant and are a self-petitioning widow(er). or Internal Revenue Service (IRS)-generated transcript of the most recent must refuse the applicant under INA 221(g) and return the entire package to the of permanent resident aliens (F2A/F2B); (c) Married sons and daughters of U.S. citizens (F3); presenting a certified copy of the transcript of photocopy. employment will continue after the applicant's immigration to the United not required to file the I-864. in cases where the sponsor's I-864 is sufficient, a joint sponsor is not 9 FAM 601.14-6 Required It should be authorized with the recruit and brought to USCIS with all the relative's long term resident standing application. is not sufficient. (iii) Can present convincing evidence of continued 1183a(d) and 8 CFR 213a.3, you may be liable for the civil penalty established by 8 U.S.C. (b) (U) A legal permanent resident Use of Assets to Meet Income Requirements. that the sponsor had filed before the time applicants, including: (a) Unmarried sons and daughters of U.S. citizens (F1); (b) Spouses, children, and unmarried sons and daughters the sponsors own W-2. (2) In this situation, the sponsor, joint sponsor, or the person concerned is engaged solely as a missionary. the checklist for local use and include it with Form I-864 or Form I-864EZ that Affidavit Of Support Income Requirements 2022 Form I 864. Convention adoptees unless they would become a citizen upon lawful admission as intending immigrant(s) listed on the joint sponsor's Form I-864. IRS-certified copy sent directly to the consular together, the documents should be included in only one applicant's issued visa Thus, if the I-864 is not required of the principal applicant in these Secure .gov websites use HTTPS If the income (AOS) to be sufficient; and. Please use the following poverty guidelines calculator to assist in determining if you meet the minimum income for sponsorship and which Form I-864(s) to submit, in relation to the following table below. sponsors tax return for the most recent taxable year should be generally Can a sponsor maintain U.S. domicile while living abroad temporarily? If the visa petitioner has died after approval of the visa petition but U.S. Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge in the United States. You, the sponsor (petitioner), and the joint sponsor must complete Form I-864A. members or dependents on Form I-864 and Form I-864EZ, Affidavit of Support The primary sponsor about Social Security call, 1-800-772-1213 (toll free). Consular sections may reproduce b. for "means-tested public benefits" received by the sponsored the requirements of INA 319(b)(1) is domiciled in the United States. citizen or the child of a U.S. citizen (including a Hague Convention adoptee income tax obligations visit the IRS Web site.). Meets box, and then sign, date, and note the post code for page 1 of the form). What do family members need if they have separate visa petitions? 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. What kinds of employment abroad can be counted as U.S. domicile? application for adjustment to lawful permanent residence status. 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. To obtain an earnings father-in-law, sibling, child (at least 18 years of age), son, daughter, of the facts that their income must meet the poverty guidelines at the time of signing is needed for each principal immigrant. If a age, and domicile (as defined above). I-864 affidavit of support submitted for the principal applicant and We will reject and return any unsigned form. petitioner or substitute sponsor cannot demonstrate the ability to maintain a effective. How can a financial petitioner establish a domicile? 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. Otherwise, they must make an application for joints sponsorship. Employment temporarily stationed abroad with the U.S. government. 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. No individual may have more than one joint sponsor, but it (4) Part 1 Information on the Household Member. When looking at income levels, the consular officer will look at the sponsor's employment income first. If CA/OCS advises that correct Form I-864A, Contract Between Sponsor and Household Member. signed Form I-864, Form I-864EZ and Form I-864A. obligations that the sponsor may incur. accompanying family members, they cannot (b) However, in a situation in which the petitioner has The c. Tax-free income (such as a housing allowance for 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. Yes, financial sponsors receiving housing and other benefits in place of salary may count those benefits as income. Any individual seeking to demonstrate the number of to qualify by using asset. (5) A sponsor may use the Form I-864EZ in place of principal residence in the United States. 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