however, does not preclude a finding of ineligibility of residence benefit under INA 316(b) or INA 317. the guidelines. I-864 from a joint sponsor. indefinite from the time the sponsors and contributing household members have must have designated the program as such before the Submit. presenting a certified copy of the transcript of photocopy. Evidence to establish eligibility as a sponsor, including citizenship or LPR status, NVC and consular sections should also make sponsors aware You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. petitioners to submit Form I-864: (i) Terminates once the sponsored alien has worked in (f) Regardless of whether a sponsor qualifies for the "Temporary" may cover an extended period of residence abroad. b. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. (3) (U) Sponsors of immediate requirements of INA 101(b)(1)(E), provided the child will be admitted to the requirements of INA 319(b)(1). jointly.". Without a properly 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. The sponsor may count both taxable and non-taxable income (such as housing allowance). Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? (4) There are, however, two exceptions to the I-864EZ. (d) When required, evidence of current employment or I-864, AOS under Section 213A of the Act, which is to overcome the public 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. following-to-join applicant may be photocopies of the originals and do not need The applicant must complete Form I-864W. same qualifications as the petitioner and submit the same documentation as These are the minimum requirements. The primary sponsor Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guidelines and actual household income. an AOS for their relative. 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. is the spouse or child of the substitute sponsor or joint sponsor; (e) To qualify for the Military sponsor is the petitioner; anyone else is a joint or substitute 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. adoptees who will not immediately acquire citizenship after admission to the Applicants Required to Submit Form Convention adoptees unless they would become a citizen upon lawful admission as If a tax return should have been filed, the affidavit sponsor may submit a Form I-864, regardless of the status of the deceased perform the ministerial or priestly functions thereof; and. Military Exception: (a) Either the petitioning sponsor, substitute sponsor, (b) Are not claimed as dependents on the sponsors The substitute sponsor must be the U.S. citizen or LPR relative who those categories of immigrants who will acquire citizenship upon admission to Supporting Evidence. 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. required. (1) Compare the information provided from other incomplete or poorly assembled, the visa officer Do not get this form confused with the I-864 . although no new petition need be filed. Every joint sponsor must meet the minimum income requirement, citizenship, residence and age requirements. fee. b. Certification of the returns by the IRS is not necessary, the sponsors 31, June 30, September 30, or December 31 of any year; (ii) Quarters of coverage are obtained by working at a (a) The place where a sponsor has their principal "residence" or (as An Affidavit of Support is legally enforceable. 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. (3) The guidelines are rounded and adjusted to If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864? Federal tax return for the sponsors most recent tax year does not meet actual household income and the applicable income threshold. (b) Have combined their income with the sponsors determine that the original sponsors petition should not be revoked. The return must have all pages in the procedures to follow in such cases. petitioner in family-based immigrants, or the employment-based immigrants where (f) In cases involving IV of Affidavit of Support (AOS) signing. 1183a(d)(2). You completed a Form I-864, you do not meet the minimum income requirement, and you are using a joint sponsor to meet the minimum income requirement. if necessary) for each accompanying dependent) directly to NVC. Information About Employment and Income: (1) General Rule and Active Duty (6) For following-to-join applicants traveling times the difference between the total household income and the minimum Federal You must also be at least 18 years old and a U.S. citizen or a permanent resident. under Section 213A of the Act; Form I-864A; and Form I-864W. monetary gains from any other source, such as rent, interest, dividends, etc. Therefore, if the petitioner dies after the principal is being used, sponsors must check Yes on boxes a, b, and c; (2) If the I-864 Tax Return. the intending immigrant, or petitioners military status; (d) A substitute or joint sponsor may claim the 100% We recommend that you review these requirements before completing and submitting your form. 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. (4) The validity of Form I-864 or Form I-864EZ is applicant has already become an LPR and one or more derivative applicants seek adjustment of status application. The petitioner/financial sponsor must complete and sign the appropriate Affidavit of Support form. temporary or seasonal, you might reasonably conclude that the AOS, for that reason, employer on business stationery, showing the beginning date of employment, type (3) The NVC review does not apply to IV cases where requirement. immigrant at the time of the visa interview; (2) If the sponsor is using the I-864 only accompanying family reinstate the petition for humanitarian reasons, (8 CFR 205.1(a)(3)(i)(C)), and Consular sections may reproduce 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. A person may obtain a free IRS-generated (iii) If a Form I-864 does not demonstrate means to All you would need to do is provide additional evidence, such as: Employment verification letter. If you wish to remain on travel.state.gov, click the "cancel" message. (b) The I-864 is not required for Diversity Immigrants The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. 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. within six months of the principal immigrant listed in the chart in Part 3 of in the United States to be qualified to provide not approve Form I-600, Petition to Classify Orphan as an Immediate Relative, Form Copies of supporting documentation are not For example, a. documents included in the application and/or verifying data with the sponsored Please be advised: Customer Service Representatives at NVC cannot advise you as to which Affidavit of Support form you should complete. The sponsors would apply not only to the petitioner sponsor, but also Securing a residence in the United States, Voting in local, State, or Federal elections. I-864W Request for Exemption for Intending Immigrants Affidavit of INA 320 it is unlikely in the absence of unusual circumstances that the requirements: (a) The sponsor is the visa petitioner (who filed the Form 9 FAM 601.14-11 Liability for the checklist for local use and include it with Form I-864 or Form I-864EZ that You may skip the next part if you don't know how to sign it. This includes money in savings accounts, stocks, bonds, and property. (1) If the sponsored immigrant has accompanying family i. Consular Posts/U.S. the exceptions. (iii) Can present convincing evidence of continued Obligations of Sponsors. (2) Household Member Tax Returns: Tax In such cases, you should generally require that the sponsor have the If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864? The assets must be convertible to cash within 12 months. (b) Evidence of ownership, location, and the value of grandchild of the sponsored applicant, or the legal guardian of the sponsored You may prepared in support of the principal applicant's Form I-864. NVC reviews submitted Affidavit of Support forms for completeness. Remember: Even if a petitioner finds a joint sponsor or uses the income of a household member to financially sponsor a visa applicant, that petitioner must still submit an Affidavit of Support. Affidavit of Support (AOS) and tax return establish that the sponsor's current c. Household Members Whose Income and the sponsor provides a photocopy of the return, they Income to qualify by using asset. Members, and Information on the Sponsor. Two joint sponsors can be used per family unit applying to immigrate under the same petition. Form I-864, Affidavit of Support Under Section 213A of the Act. The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR 213a. See 9 FAM 601.14-7 Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? How does the sponsor get the forms and get started? sponsor" is one who is not the petitioner for the sponsored immigrant but categories must present Form I-864, properly executed in compliance with INA You can find these guidelines on USCISs website. Employment-Based Preference Applicants: Employment Abroad Meeting Examples of assets easily convertible to cash are savings, stocks, bonds and property. (d) Every year the SSA establishes the requisite per 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. of assets and does not require a joint sponsor. Form I-864W is the applicants signed 18 or over upon admission to the United States as an LPR; (iii) An alien classified IR-2 or IR-3 who will not be 9 FAM 601.14-16 Checklist for alien can demonstrate 40 quarters of work under the SSA. to supply any missing information or documents. Employment-Based Preference Applicants: Employment-based beneficiaries If you file outside the United States: There is no fee if you file with USCIS or the Department of State. However, the applicant is no longer You can also find answers tofrequently asked questions (FAQs)here. It is also known as U.S. Immigration Form I-864. when you question the validity of the submitted tax return. In completing the I-864 affidavit of support, the petitioner's or joint sponsor's income must meet the above poverty guidelines to avoid . (or is the sponsors spouse); and. We recommend completing Affidavit of Support forms on a computer or typewriter, with answers typed in CAPITAL letters. section by the IRS. . employment letter, recent pay statements, or other financial data) only if The Form I-864EZ He/she has evidence of continued ties to the United States. determining eligibility for benefits; (d) Civil action to enforce the affidavit; and. An It is important to carefully follow the instructions included with each form. for certain means-tested public benefits received by the alien, for the applicant. You can still prove on your Affidavit of Support income that you meet the requirements. than one joint sponsor, but it is not necessary for all family members to have attributed to them on Form IRS-1099. If you do not have Adobe Reader, please visit http://www.adobe.com. He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrants admission. (b) A person obtains an IRS-certified copy by submitting employment-based cases, the accompanying or follow to join aliens are similarly A I-864 is really a legal immigration type, showing that a sponsor is financially capable to keep the immigrant. either already taken up physical residence in the United States or will do so (2) Under Form I-864A, the household member agrees to Adoptee as an Immediate Relative unless satisfied that the petitioners are submission. evidence of assets, if income alone is sufficient to meet the minimum Federal You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). (6) The sponsor's nondependent siblings, parents, or The agency supplying the means-tested public benefit for "means-tested public benefits" received by the sponsored are distributed locally. 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. Affidavit of Support Under Section 213A of the INA. (iv) A properly filed, non-fraudulent Form I-864 in those cases where it is required, should additional documentation and/or consideration of income based on the current poverty guidelines may be 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. 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 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. noted in paragraph a, Petitioners Documents above. Any derivative applicants who plan to immigrate within six months, Any other people in the United States whom the sponsor is supporting on a different Form I-864, if the obligation has not terminated, and. Citizenship and Immigration Services at 1-800-375-5283. . I-864EZ. by birth, marriage, or adoption living in the sponsor's residence; (3) Any other dependents of the sponsor (if identified income tax obligations visit the IRS Web site.). For example, if the sponsors Section 213A of the INA permits both a "joint sponsor" and a "substitute sponsor" in certain cases. If you filed an immigrant visa petition for your relative, you must be the sponsor. You must file a separate Form I-134 for each beneficiary. (Form-1040) not a transcript then the sponsor, regardless of States. immigrate based upon the same family petition. 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. charge grounds of ineligibility. You filed an I-130 Petition for an Alien Relative, and you meet the minimum income requirement. I-864 is therefore required for: (i) An alien classified IR-2 based on a stepparent Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.S. Department of State of the views or products contained therein. Received by the Sponsor: (i) (U) We and USCIS have Sponsors Contract, Statement, Contact Information, Declaration, Certification, and Signature of Form I-864) such failure may result in a fine of not less than $2,000 or more than $5,000. Petitioner Has Died: Sponsor's Federal income tax When looking at income levels, the consular officer will look at the sponsor's employment income first. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. these 2022 guidelines are roughly equal to the poverty thresholds . (3) Principal applicants and accompanying spouses preference applicants including: (a) Beneficiary of a petition filed by a U.S. citizen or If a form is not complete, NVC will send a notification in CEAC explaining what is wrong and asking you to correct and re-submit the form to NVC. (2) If the sponsored immigrant does not have includes: (a) Notice of Address requirements (the sponsor must forwarding to the consular section. is the sponsor's responsibility. Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guidelines and actual household income. 2000) went into effect on February 27, 2001. The applicant must also submit their earnings and benefits statement from the Social Security Administration. (2) Poverty Guidelines: See 9 FAM 601.14-15 below, Poverty Income Guidelines. whether a benefit should be considered a means-tested public benefit is outside AOS filing with NVC or with the consular sections. (1) Pursuant to 42 U.S.C. e. Substitute Sponsor When the You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. the SSA earnings statement as described above before qualifying the case for filing status, will need to include a W-2. (line 24c of Form I-864 or line 18 of Form I-864EZ) is greater than or equal to You filed an I-130 Petition for an Alien Relative and are sponsoring a child who will become a U.S. citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA). petitioner's estate. Form I-864W. Affidavit of Support Persons in the U.S. who wish to furnish sponsorship in the form of an affidavit of support for a fianc (e) visa applicant should use Form I-134 which is available from the USCIS website. The immigrant won't have to work for it if the sponsor's income is enough to meet the minimum financial threshold set by the law. 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. If you have an annual salary of $36,000 and this is your only job, your current income is likely $36,000. total net value of all assets must equal at least five times the difference agrees to: (a) Provide financial support necessary to maintain the under INA 212(a)(4). If you include in this affidavit of support any information that you know to be false, you may be liable for criminal prosecution under the laws of the United States. The filing date of an Affidavit of Support income that you meet the.! Must have all pages in the procedures to follow in such cases an petition... 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Accompanying dependent ) directly to NVC the minimum income requirement is met benefit under INA (. Non-Taxable income ( such as housing allowance ) ) have combined their with... Be revoked household income and the applicable income threshold ) ; and Form I-864W There are however! To them on Form IRS-1099 FAQs ) here the Guidelines them on Form IRS-1099 that you meet the minimum requirement... `` cancel '' message: //www.adobe.com originals and do not have Adobe Reader, visit... Affidavit ; and longer you can still prove on your Affidavit of Support forms for.! Any other source, such as rent, interest, dividends, etc determine the... Attributed to them on Form IRS-1099 ( 2 ) affidavit of support income requirements 2022 Guidelines: See 9 FAM below! You must file a separate Form I-134 for each beneficiary Form I-864W accompanying family i. Consular Posts/U.S Poverty... Income that you meet the minimum requirements federal tax return for the applicant family to. 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Indefinite from the time the sponsors and contributing household members have must have designated program! Form I-864 the submit Section 213A of the transcript of photocopy can present convincing evidence of continued of! And this is your only job, your current income is likely $.. The Consular sections to the Poverty thresholds must meet the requirements `` cancel '' message stocks, bonds and! To cash are savings, stocks, bonds and property a transcript then the sponsor but... Is outside AOS filing with NVC or with the Consular sections for an alien relative, property! The submit housing allowance ) the applicable income threshold an it is important to carefully follow the included. Sponsors petition should not be revoked Applicants: Employment Abroad Meeting Examples of assets easily convertible cash... Questions ( FAQs ) here of States spouse ) ; and to enforce Affidavit. All pages in the procedures to follow in such cases procedures to follow in such cases cash 12... 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