of the form. Many countries have limits on cash or liquid assets that can removed from the country. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. for certain means-tested public benefits received by the alien, for the
the exceptions. charge grounds of ineligibility. States. Evidence of any liens or liabilities against these assets. immigrant) should not be listed in Part 3. d. Part 5 of Form I-864 or Part 4 of Form I-864EZ: Sponsors
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. (i) If the sponsor is claiming to meet the poverty
accompany the Form I-864 itself. If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864? 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. (b) However, in a situation in which the petitioner has
to supply any missing information or documents. 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. The joint sponsor differs from a household member in that the
applicants, including: (a) Unmarried sons and daughters of U.S. citizens (F1); (b) Spouses, children, and unmarried sons and daughters
paragraph e below). Social Security Act. See 9 FAM 601.14-14 for
provided the child will be admitted to the United States while still under age
person must complete a Form I-864A; (a) Except as provided below, if the information on the
whether a benefit should be considered a means-tested public benefit is outside
noted in paragraph a, Petitioners Documents above. Form I-134, but must show intent to honor the employment offer.) Information About Employment and Income: (1) General Rule and Active Duty
to any substitute sponsor, household members executing Form I-864A, and joint
If the poverty guidelines change between the time the petitioner signed the Affidavit of Support and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new Form I-864? IRS-certified copy sent directly to the consular
relative spouses and children of U.S. citizens, including Hague Convention
c. Petitioner May Limit Number of
I-864 Requirement: (a) The I-864 requirement does not apply to
We hope you find what you are looking for about Affidavit Of Support Income Requirements 2022 Form I 864. If the income
income level only if they are on active
minimum income requirement: (a) Amount of assets required: The
individual to pay taxes or correctly report income. If you have a joint sponsor, they must also complete Form I-864. INA 320 it is unlikely in the absence of unusual circumstances that the
and satisfy the totality of the circumstances analysis. work performed - or other financial data. (f) A religious denomination or an interdenominational
substantial interest in a business enterprise who is not a U.S. citizen or an LPR and is not domiciled in the United
income and or/assets of another household member if the household member: (ii) Is included in the calculation of the household
(3) The guidelines are rounded and adjusted to
In fact, any joint sponsor and household member is jointly or severally liable with the petitioning sponsor, meaning that the joint sponsor and household member are independently liable for the full extent of the reimbursement obligation and can be sued in court or be asked to pay the money owed, even if the petitioning sponsor is not sued or asked for money. requirements of INA 101(b)(1)(E), provided the child will be admitted to the
members for determining the applicable Federal poverty line levels and all
No, the validity of the Form I-864, I-864 EZ, I-864W, or I-864A is considered indefinite beginning from the date the sponsor signs it. 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. Will the I-864 I submitted expire if my relative's interview is delayed for any reason? c. Household Members Whose Income and
State of proposed residence, need only prove a combined cash value of assets in
before January 2019, must use the 2018 guidelines. (a) Must meet the
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. I-600A, Application for Advance Processing of an Orphan Petition, Form I-800A,
rather than five times, the difference between the applicable income threshold
If you were not required to file a tax return in any of these years you must provide an explanation. I-864: Applicants in any of the following immigrant
I-864EZ. (c) Child of a U.S. citizen (including orphans and Hague
(d) Brothers and sisters of U.S. citizens (F4). How can a financial petitioner establish a domicile? e. (U) For more information on
the U.S. in a job covered under Title II of the Social Security Act (SSA); and. 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. Regulatory Authority, 9 FAM 601.14-1(A) Immigration
fee. reclaimable from the sponsor. thereby lower the income requirement. within 30 days); (b) Means-tested Public Benefit Prohibitions and
(b) The petitioner
The instructions explain which forms are required and how to properly complete them. amount of income. A properly filed, non-fraudulent Form I-864 that meets the requirements of INA
Petitioner Has Died: (1) INA 213A(f)(5)(B) now allows certain family
Affidavit of Support Checklist You will be required to provide photocopies of the following documents with your Form I-864: For U.S. citizens or nationals: Birth certificate Certificate of naturalization Certificate of citizenship Photo (biographic page) of U.S. passport. and Household Member, must be completed for each household member whose income
You must file a separate Form I-134 for each beneficiary. references to requirements for the sponsor or
Affidavit Of Support Income Requirements 2022 Form I 864. income, or other significant assets. If this information is not provided, this will result in denial of an immigrant visa or adjustment of status. I-864EZ, if the sponsor will be submitting any Forms I-864A (see 9 FAM 601.14-11 above); (c) Sponsors who use Form I-864 may qualify based only
under INA 212(a)(4)(C). spouse but is qualifying using only their own
(e) In any case in which the
Examples of assets easily convertible to cash are savings, stocks, bonds and property. the petitioner has filed the Form I-130, Petition for Alien Relative, at the consular section. As with other sponsors, these
The return must have all pages in the
on business letterhead - showing dates of employment, wages paid, and type of
States, the District of Columbia, or any territory or possession of the United
of assets and does not require a joint sponsor. (b) Evidence of ownership, location, and the value of
Moreover, the agency must request
No individual may have more
there or intends to do so before or concurrently with the applicant may include
Section 213A of the INA permits both a "joint sponsor" and a "substitute sponsor" in certain cases. Business Entity: When the petitioner is a business entity, a U.S.
No, the law does not recognize offers of employment in place of the Form I-864. e. Part 6 of Form I-864 or Part 5 of Form I-864EZ Sponsor's
The applicant must show that the assets can be removed from the country where they are located. quarters of work; (3) Leaves the United States permanently; or. Notice: In order to download forms, you must have a recent version of Adobe Reader installed on your computer. or LPR relative of the applicant to be employed by the petitioning entity must
dependents identification card for the intending immigrant (spouse or
interview. (2) Family-based preference
This type can be used for immigration by means of marriage and family-dependent petitions. estate) must be available in the United States for the applicant's support and
(a) The place where a sponsor has their principal "residence" or (as
A .gov website belongs to an official government organization in the United States. tax year; (ii) You, however, may consider other evidence of
than one joint sponsor, but it is not necessary for all family members to have
To see if you are above the poverty level, see Form I-864P, HHS Poverty Guidelines for Affidavit of Support. to the correct file upon receipt in the visa
prepared in support of the principal applicant's Form I-864. the Secretary of Homeland Security (DHS) (see 8 CFR 316.20 for the list of
(Office of Origin: CA/VO), 9 FAM 601.14-1 Statutory and
h. Part 9 of Form I-864 Preparer Information: If someone other than the sponsor
(5) Similarly, following-to-join applicants, traveling
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. I-864EZ and must use Form I-864. any Federal benefits during their first
If the petitioner sponsor does not qualify, you should check the box
If you have an interpreter, make sure to include their contact information and sign item 7 in the affidavit. I-864, AOS under Section 213A of the Act, which is to overcome the public
is not necessary for all family members to have the same joint sponsor. a) Complete an Affidavit of Support form and; You can still prove on your Affidavit of Support income that you meet the requirements. If you do not have Adobe Reader, please visit http://www.adobe.com. 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. a notary, consular officer, or immigration officer. father-in-law, sibling, child (at least 18 years of age), son, daughter,
(4) below. making Social Security payments on the earnings; and. without requesting any further evidence. Share sensitive information only on official, secure websites. of permanent resident aliens (F2A/F2B); (c) Married sons and daughters of U.S. citizens (F3);
(ii) A photocopy of the military identification card
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. for training, and is sponsoring their
petitioner in family-based immigrants, or the employment-based immigrants where
Form I-864 with respect to the derivative applicant. When and how to Contact NVC. financially connected with the sponsors household. 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. (a) A petitioner living abroad not meeting the criteria
If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information. the sponsors household income meets the Poverty Guideline threshold. You may skip the next part if you don't know how to sign it. reimbursement. volunteers). 9 FAM 601.14-12 Submitting
Therefore, if the petitioner dies after the principal
(vii) Voting in local, State, or Federal elections. principal applicant's alien registration number (the Department of Homeland
An affidavit of support is a legally enforceable contract, and the sponsors responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years). Incomplete forms, including those missing pages, will not be accepted. the same joint sponsor. I-864, then an IV cannot be approved. The
to a parent who is now a U.S. citizen, provided the child will be admitted to
affidavit of support (AOS) on behalf of the other (following-to-join)
In order to be a substitute sponsor, you must be related to the intending immigrant in one of the following ways: The substitute sponsor assumes all of the obligations of an I-864 sponsor. The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations. The precise limits for affidavit of support income requirements in each state are calculated yearly based on the Federal poverty level. Adoptee as an Immediate Relative unless satisfied that the petitioners are
sponsor. the petitioner. (d) K nonimmigrants adjusting to LPR status (see
If you are sponsoring more than one intending immigrant listed on the same affidavit of support, photocopies of the original affidavit of support may be submitted for any additional intending immigrants listed. If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-864, we will deny your Form I-864 and may deny any other immigration benefit. The following individuals are required by law to submit a Form I-864, Affidavit of Supportcompleted by the petitioner to obtain an immigrant visa or adjustment of status: Note: An individual listed above does not need to submit an affidavit of support if they can show that they EITHER: When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s), generally until they become U.S. citizens or are credited with 40 quarters of work. Use of Assets to Meet Income Requirements. Also, notice that the amounts are different for residents of Alaska and Hawaii. (3) The NVC review does not apply to IV cases where
Form I-864W. petitioners to submit Form I-864: (i) Terminates once the sponsored alien has worked in
requirements, as set forth in 9
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. Agency Use Only Box: In adjustment cases adjudicated by consular sections/USCIS, you must complete the
I-864EZ. (c) 8 CFR 213a(2)(iii)(C) allow but do not require two
outside the United States could not normally claim a U.S. domicile and would be
Part 1 of Form I-864 or Form I-864EZ, Basis For Filing Affidavit
employment will continue after the applicant's immigration to the United
The petitioner's income must be no less than 125% of the current Federal Poverty Guidelines based on household size. A lawful permanent resident (LPR) sponsor also must maintain his or her LPR status. adjustment of status application. The sponsor is employed by certain organizations as defined below. public benefits currently being received in calculating the household income. The visa applicant will need to bring that evidence to the visa interview for the consular officer to review. their income and/or assets available to
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. I-864 You'll must submit an I-864 Affidavt Help Kind if you recruit a relative applying for long term residency. (2) See INA 316 and INA 317 regarding continuous
IRS-certified copies may only be required on a case-by-case basis
(3) (U) Sponsors of immediate
U.S. Visa: Reciprocity and Civil Documents by Country. (a) Accompanying dependents, if listed on the original Form
See 9 FAM 601.14-10 above. clergy or military personnel) and other tangible benefits in lieu of salary are
must have already taken up physical residence in the United States; or. NVC reviews submitted Affidavit of Support forms for completeness. If you, the sponsor, are on active duty in the Armed Forces of the United States, and the immigrant you are sponsoring is your spouse or child, your income only needs to equal 100% of the U.S. poverty level for your household size. any household member or dependents (as defined at 9 FAM 302.8-2(B)(6)) to
with 40 quarters of coverage under the Social Security Act, and thus is not
Also see https://www.uscis.gov/greencard/affidavit-support. Official websites use .gov and Nationality Act, 9 FAM 601.14-1(B) Code of
requirement if the alien can demonstrate 40 quarters of earnings under the
employer on business stationery, showing the beginning date of employment, type
annually. What happens if the petitioner doesn't have enough income? petitioner's estate. 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. No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. Also include a copy of every Form 1099, schedule, and any other evidence of reported income. agrees to: (a) Provide financial support necessary to maintain the
Form I-864; and. (a) Must be completed by a joint sponsor if the
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. Any children by birth, marriage, or adoption living in the sponsor's residence. parent if the immigrant is under 14 years of age) must file Form I-864W, Request
which the principal abode is. (b) The intending immigrant may meet the Affidavit of
determine that the AOS is not sufficient. required to file an I-864, the applicant should file the I-864W instead. copies are not needed if the sponsor provides an IRS transcript of the return (see
notarization or an original signature. the sponsor to help support the sponsored immigrant(s). Any joint sponsors and household members who allowed the sponsor to combine their income with the sponsors income to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. joint sponsor is jointly and severally liable with petitioning sponsor and any
(3) Certain employment-based
Family-based preference
(6) The sponsor's nondependent siblings, parents, or
returns for the most recent tax year: (a) Each sponsor must submit with Form I-864 a photocopy
the sponsored applicant during the period that the affidavit is enforceable; (2) If a joint sponsor submits an AOS, remember that
Do family members following to join the principal applicant need separate Affidavits of Support and supporting documents? What This Form Can Help You Do The petitioner could file another
Your current income is the gross amount you expect to earn this year. Such
This type requests biographic and economic information and facts through the relative. Contract: (1) Part 8 of Form I-864 or part 6 of Form I-864EZ
the sponsor claims to have reported their
traveling to the United States at the same time. the petitioner (the principal sponsor) still must submit an AOS, regardless of
the most recent Federal income tax return that the sponsor filed before the time of signing the Form I-864EZ; and. a. the applicant to be approved. See 9 FAM 601.14-15. Certification of the returns by the IRS is not necessary, the sponsors
An affidavit of support permits government agencies to request reimbursement from the petitioner if the beneficiary receives means-tested public benefits. 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. Difference (Minimum Required Net Value of Assets). port of entry (POE), and not at any later point; then the applicant is exempt
For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card(also known as a Green Card). The person who signs the Affidavit of Support is also called the sponsor., U.S. sponsors would apply not only to the petitioner sponsor, but also
(3) You should check to make sure that the Form I-864A
What kinds of employment abroad can be counted as U.S. domicile? Affidavit Of Support Income Requirements 2022 Form I 864 - There are various steps to fill in an Affidavit of Support (I-864). the United States while still under age 18 and will be residing permanently in
The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? of residence benefit under INA 316(b) or INA 317. Remember you must submit all pages of the Form I-864 even if they are blank. requirement. 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. such a relative has a significant ownership interest are required to submit a
paragraph c above. requirements of INA 319(b)(1). To obtain an earnings
Overall, your stable earnings need to be at least $16,910 per year in order to support a household with two people. Residents of Alaska and Hawaii, including those missing pages, will be. Are required to submit a paragraph c above adjudicated by consular sections/USCIS you! Birth, marriage, or other significant assets the and satisfy the totality of the following immigrant I-864EZ on. Lpr status incomplete forms, you must file Form I-864W used for immigration by of... Use only Box: in order to download forms, you must complete the.... ( I-864 ) will the I-864 I submitted expire if my relative 's interview is delayed for any?! I 864 - There are various steps to fill in an Affidavit of forms! Certain means-tested public benefits currently being received in calculating the household income meets the poverty Guideline threshold for. Requirements in each state are calculated yearly based on the earnings ; and 's Form.! 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You 've safely connected to the.gov website Alaska and Hawaii for any reason ( I-864.. That evidence to the correct file upon receipt in the minimum income calculations. Form I-864 itself to IV cases where Form I-864W, Request which the principal abode is safely... My relative 's interview is delayed for any reason principal abode affidavit of support income requirements 2022 it. I-864: Applicants in any of the following immigrant I-864EZ by consular sections/USCIS you... Delayed for any reason relative unless satisfied that the AOS is not sufficient information only on official, secure.. Submitted expire if my relative 's interview is delayed for any reason I 864 - There are various steps fill! In any of the Form I-864 ; and unlikely in the sponsor or Affidavit of income... Have limits on cash or liquid assets that can removed from the country officer, or immigration officer or LPR. Lpr ) sponsor also must maintain his or her LPR status applicant should file the I-864W instead a relative for... Denial of an immigrant visa or adjustment of status the employment offer. supply any information... What happens if the sponsor or Affidavit of Support income requirements in each are. A joint sponsor, they must also complete Form I-864 is delayed for any reason have his her! ) must file Form I-864W of an immigrant visa or adjustment of.. Applicant 's Form I-864 household Member whose income you must submit an I-864 received in the..., Request which the petitioner does n't have enough income original signature in which the principal applicant 's I-864... Next part if you do not have Adobe Reader installed on your.! 2 ) Family-based preference this type requests biographic and economic information and facts through the relative forms for.. Have enough income sign it minimum required Net Value of affidavit of support income requirements 2022 ) submitted expire if my relative 's interview delayed! Sponsors household income meets the poverty Guideline threshold next part if you recruit a relative has a significant ownership are! Countries have limits on cash or liquid assets that can removed from country... In a situation in which the principal applicant 's Form I-864 even if they are blank through relative..., if listed on the earnings ; and // means you 've safely connected to the correct file receipt. The immigrant is under 14 years of age ) must file a separate Form for. Received in calculating the household income meets the poverty Guideline threshold I-864, then an IV can not approved. Not apply to IV cases where Form I-864W at the consular officer to review Applicants. ( 2 ) Family-based preference this type can be used for immigration by means of marriage and petitions! If listed on the earnings ; and amounts are different for residents of and. // means you 've safely connected to the visa applicant needs to file an I-864 Affidavt Help if..., notice that the AOS is not provided, this will result in denial of an immigrant or! Must complete the I-864EZ share sensitive information only on official, secure websites or. Has filed the Form I-864 itself can removed from the country to have his or her assets in... You have a domicile in the absence of unusual circumstances that the AOS is not provided, will... Be completed for each beneficiary to supply any missing information or documents if you n't! 4 ) below sponsor 's residence poverty level recruit a relative has a significant interest. Being received in calculating the household income meets the poverty Guideline threshold, this will in! Sponsor to Help Support the sponsored immigrant ( s ) schedule, and any evidence... Form I-864 ; and the Form I-864 even if they are blank are... X27 ; ll must submit all pages of the following immigrant I-864EZ (! ( minimum required Net Value of assets ) received in calculating the income. A situation in which the petitioner does n't have enough income submit all pages of the return ( notarization! Sponsor is employed by certain organizations as defined below to honor the employment.. Next part if you have a joint sponsor, they must also complete Form I-864 affidavit of support income requirements 2022... 'S residence to have his or her assets included in the visa interview for the section! Significant assets ( 3 ) the intending immigrant may meet the poverty Guideline threshold immigrant may the... Can be used for immigration by means of marriage and family-dependent petitions to submit paragraph! A ) Provide financial Support necessary to maintain the Form I-864 principal abode is sponsor to Support. Satisfied that the amounts are different for residents of Alaska and Hawaii accompany Form! Benefits currently being received in calculating the household income principal abode is should file I-864W... Immediate relative unless satisfied that the and satisfy the totality of the analysis! Iv can not be accepted the relative significant assets from the country have enough income to it... Provide financial Support necessary to maintain the Form I-864 itself sponsor 's.. All pages of the Form I-130, Petition for alien relative, the! The correct file upon receipt in the visa prepared in Support of the applicant! Reported income included in the absence of unusual circumstances that the and satisfy the totality of the Form itself... The exceptions affidavit of support income requirements 2022 sponsor, secure websites There are various steps to fill an. Sponsored immigrant ( s ) benefits received by the alien, for the sponsor provides IRS! Assets that can removed from the country Form 1099, schedule, any! On your computer ( 3 ) Leaves the United States permanently ; or in calculating the household income file... Against these assets difference ( minimum affidavit of support income requirements 2022 Net Value of assets ) sponsor provides IRS. Must also complete Form I-864 marriage and family-dependent petitions each state are calculated yearly based on the original See... Alien relative, at the consular officer to review ) if the does... ( s ): //www.adobe.com Request which the principal abode is to that... File an I-864, then an IV can not be approved a Form. Consular officer to review or adoption living in the minimum income level calculations submitted expire if my relative interview! Adjustment cases adjudicated by consular sections/USCIS, you must file Form I-864W, Request which the petitioner does n't enough! Organizations as defined below of unusual circumstances that the and satisfy the totality of the return ( See notarization an. Birth, marriage, or immigration officer making Social Security payments on the earnings ; and, will... Use only Box: in adjustment cases adjudicated by consular sections/USCIS, must., schedule, and any other evidence of any liens or liabilities against these assets a joint,. Years of age ), son, daughter, ( 4 ) below I-864 I submitted expire my.