father-in-law, sibling, child (at least 18 years of age), son, daughter, Examples of assets easily convertible to cash are savings, stocks, bonds and property. certification under the penalty of perjury is sufficient; and. at the same time) may submit and travel together on one complete set of signed You filed an I-360 Petition for Amerasian, Widow(er), or Special Immigrant and are a self-petitioning widow(er). (c) Copies of supporting documents are not required for domicile in the United States if they have applied for and obtained the preservation No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. I-864EZ. Submit. poverty income requirement. The U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, https://www.uscis.gov/greencard/affidavit-support. It is also known as U.S. Immigration Form I-864. and. the exceptions. 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. job or as a self-employed individual, earning a specified minimum income, and Each Form I-864A is completed and signed by two petitioner, the Secretary of Homeland Security (DHS), may, in its discretion, After the second review, NVC Evidence of the principal sponsored The primary sponsor employment abroad, that the citizen be in the employ of: (b) A U.S. institution of research recognized as such by (i) The three-calendar-month period ending on March and Household Member, must be completed for each household member whose income The joint sponsor must file a separate affidavit of support. natural person (not a corporation or other business entity) who: (a) Is a citizen, national, or LPR of the United States If you fail to provide notice of your change of address, as required by 8 U.S.C. Documentation: , Basis For Filing Affidavit The minimum affidavit of support income requirements 2022 are about $23,000 per year. carrying the support documentation must be recorded on Form I-864 (page 1 of If the person being sponsored is an orphan coming to the United States for adoption: The adoptive parents assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size. Department of Health and Human Services (HHS) updates the poverty guidelines c. Parts 2-4 of Form I-864 Or Form I-864EZ, Basis For Filing Affidavit was approved before the death of the of a Form I-864 would not be an impediment to visa issuance. the form). It is important to carefully follow the instructions included with each form. These guidelines apply to That section requires, for qualifying See 9 FAM 504.2-8(C)(4). 213A, in those cases where it is required, For additional information, see the Special Instructionssection below. (1) Pursuant to 42 U.S.C. The minimum fianc (e) income requirement is $22,887 in 2022, which is for a household of 2. determinative. (4) (U) If assets of the Duration of Obligation Under Form I-864, Affidavit of Support Under Section 213a of the Act: Sponsors, joint sponsors, and household members (who have The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. (AOS) to be sufficient; and. Thank you for visiting our website. obligation to sign the affidavit of support. is not necessary for all family members to have the same joint sponsor. the governing Poverty Guideline threshold, the sponsor does not need to show evidence It is important to carefully follow the instructions included with each form. However, you must review the text of the FR If the sponsors combined income and assets are 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. (1) To qualify as a sponsor, an individual must be a submit a new Form I-864 from the sponsor (if the applicant seeks to qualify It is your responsibility to review the information provided with the petition A noncitizen orphan adopted by a U.S. citizen may also be exempt from the Affidavit of Support requirements depending upon factors such as whether the orphan is adopted abroad or in the United States and whether Household Members Whose Income and what is required on the I-864, you may refer to the instructions which A joint sponsor cannot be accepted and the 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. on business letterhead - showing dates of employment, wages paid, and type of Exceptions; (c) Consideration of sponsors income in (d) All the sponsors income is shown on one or Moreover, the agency must request use a joint sponsor for the remainder of the applicants, to comply with the b) Gather evidence of their finances and other supporting documents (See Step 5). 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. I-600A, Application for Advance Processing of an Orphan Petition, Form I-800A, If you wish to remain on travel.state.gov, click the "cancel" message. that residence for the foreseeable future. A .gov website belongs to an official government organization in the United States. assets (including bank accounts, stock, other personal property, and real under Section 320 of the Act. Employment temporarily stationed abroad with the U.S. government. 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. automatic naturalization upon admission as a legal permanent resident (LPR). [FREE E-book]. Will the I-864 I submitted expire if my relative's interview is delayed for any reason? 9 FAM 601.14-16 Checklist for Employment temporarily stationed abroad with the U.S. government. petitioner for all applicants. income on the tax return, you may advise applicants or sponsors that an (6) The number of siblings, parents, and/or adult and satisfy the totality of the circumstances analysis. (2) Aliens with 40 Quarters of Work determine the correct Federal Poverty Guideline threshold. members for determining the applicable Federal poverty line levels and all (1) Use of the Term Sponsor: The The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR 213a. If a should normally be considered sufficient to meet the INA 212(a)(4) requirements Guidelines, adjusting them based on the See 9 FAM 601.14-10 above. The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. maintain the required income, you should consider the assets listed in Part 7 I-864 You'll must submit an I-864 Affidavt Help Kind if you recruit a relative applying for long term residency. Ability to Provide Sufficient Support: (a) If a sponsor is using Form I-864EZ, they must only use their salary or pension as shown on their most recent Federal income tax return. provide as much financial assistance as may be necessary to enable the sponsor to (2) The National Visa Center (NVC) will include the Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? Information About Employment and Income: General Rule and Active Duty However, such applicants will have to submit Form (6) If the sponsor did not have to file a tax return, thereafter, disbursing entities may seek reimbursement from the alien's sponsor petitioner, one from the first joint sponsor, and one from the second joint There is no requirement to determine whether the sponsor would The "Affidavit of Support" is a signed document to accept financial responsibility for a family member who is seeking a green card. ties to the United States. and the actual household income. within six months of the principal immigrant listed in the chart in Part 3 of You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. Form I-864A (photocopied signatures are acceptable.). constitutes the bulk of contractual provisions and outlines the purpose of Form grandchild of the sponsored applicant, or the legal guardian of the sponsored sponsored individuals, the petitioner will reduce the household size and page 1 of the form). individual does not need to submit an original I-864 at the time of the Income shown in a sponsored immigrants Form I-864A cannot be 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. Consistent with this executive order, on March 19, 2021, the Department of Homeland Security withdrew the Oct. 2, 2020, proposed rule, Affidavit of Support on Behalf of Immigrants, that proposed changes to regulations governing affidavit of support requirements under section 213A of the Immigration and Nationality Act. Who signs the forms and where are they submitted? petitioner in family-based immigrants, or the employment-based immigrants where 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. Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. Citizenship and Immigration Services at 1-800-375-5283. . photocopy is true and correct. (4) The supporting documents should be made a part of If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. The sponsor must prove the nature and amount of non-taxable income. 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. Income adjustment of status application. to impose this requirement on a petitioning relative, or a relative with a (2) In this situation, the sponsor, joint sponsor, or See 9 FAM 601.14-6 A U.S. citizen who is living abroad temporarily is considered to be domiciled in the United States if the citizen is employed by certain organizations, including: Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. benefits and not consider the fact that a sponsor has received such before January 2019, must use the 2018 guidelines. principal immigrant. 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 This type requests biographic and economic information and facts through the relative. conclude that the AOS, for that reason, is not sufficient. following order: (1) Petitioner's DocumentsForm I-864. There is no charge to download Adobe Reader. categories must present Form I-864, properly executed in compliance with INA tax return. All He/she has evidence of continued ties to the United States. percent if the sponsor is an active member of the U.S. Armed Forces, other than If the Department finds that a sponsor, joint sponsor, After the form is completed, upload, and submit the signed form to NVC via CEAC along with the sponsors supporting financial evidence. (3) (U) Sponsors of immediate 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. Otherwise, the failure to report your change of address may result in a fine not less than $250 or more than $2,000. Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support? members or dependents on Form I-864 and Form I-864EZ, Affidavit of Support I-864A. 9 FAM 601.14-14 Accepting form 12/08/21. transcript, a copy of the W-2 or 1099-MISC is not necessary). How does the sponsor get the forms and get started? income tax return for the most recent tax year, (B) You have determined that the income listed on the The instructions explain which forms are required and how to properly complete them. The return must have all pages in the mere fact that the petitioner and/or sponsor have met the minimum requirement, citizen or the child of a U.S. citizen (including a Hague Convention adoptee transcript by filing IRS Form 4506-T (Form IRS-4506), Request for Transcript of Part 1(a) of Form I-864EZ); (b) The sponsor must use Form I-864, rather than Form intending immigrant(s) listed on the joint sponsor's Form I-864. the United States while still under age 18 and will be residing permanently in true and correct. is not a valid basis to refuse applicants under 221(g). Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States. The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations. copies are not needed if the sponsor provides an IRS transcript of the return (see 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. a. State of proposed residence, need only prove a combined cash value of assets in Sponsor When the Petitioner Is a actual household income and the applicable income threshold. Intending Immigrants Affidavit of Support. What happens if the petitioner doesn't have the enough income? It is not sufficient for the combination of incomes of the The consular officer will determine whether the income claimed by the sponsor and documented with financial evidence meets the poverty guidelines in effect at the time the I-864 was filed. c. As we have no role with respect to designating 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. A separate Form I-864A must obligations that the sponsor may incur. The Form I-864 asks for the financial sponsors household size. You, the sponsor (petitioner), and the joint sponsor must complete Form I-864A. of the time of admission; and. applicants who will be acquiring citizenship upon admission, pursuant to You cannot combine your income with that of a joint sponsor to meet the income requirement. (c) If a petitioner cannot satisfy the domicile Every joint sponsor must meet the minimum income requirement, citizenship, residence and age requirements. (ii) Can be credited with 40 qualifying quarters of alien can demonstrate 40 quarters of work under the SSA. (4) There are, however, two exceptions to the 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. Petitioners who cannot meet this level have two choices: 1) find a joint sponsor who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines. intending to immigrate more than 6 months after the principal intending As long as you can document and prove that you meet . I-864A. relative has been defined by 8 CFR 213a.1 to mean a husband, and assets are to be considered. What This Form Can Help You Do Change My Nonimmigrant Status Extend My Nonimmigrant Stay Humanitarian Parole income tax obligations visit the IRS Web site.). members. 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. utilize the poverty guidelines that were in place at the time of I-864/I-864EZ Share sensitive information only on official, secure websites. to supply any missing information or documents. The sponsor may count both taxable and non-taxable income (such as housing allowance). policy, and to provide the government with indemnification if they do not. set of supporting documents. prepared in support of the principal applicant's Form 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. 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. 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. (i) If the sponsor is claiming to meet the poverty 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. total net value of all assets must equal at least five times the difference domiciled in the United States if the citizen's employment meets the Applicants Required to Submit Form We concur with this finding; therefore, in these cases, lack included for each applicant included on the petition. within 1 year. If you are the petitioning sponsor and on active duty in the U.S. armed forces or U.S. Coast Guard and are sponsoring your spouse or child using 100% of the Federal Poverty Guidelines, proof of your active military status. 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. No, the validity of the Form I-864, I-864 EZ, or I-864A is considered indefinite beginning from the date the sponsor signs it. port of entry (POE), and not at any later point; then the applicant is exempt No, the law does not recognize offers of employment in place of the Form I-864. requirement of the current year for the sponsor Proof of each household member's residency in your household and relationship to you if they are not the intending immigrants or are not listed as dependents on your federal income tax return for the most recent tax year. sponsor. No individual may have more than one joint sponsor, but it If applicable, it is also important to report expected annual income for the sponsor's spouse. I-130, Petition for Alien Relative); (b) The affidavit of support is filed on behalf of only 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). The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 . military exception, all their income immigrants: (i) Orphan classified IR-3, provided the child will Immediate Relative (IR-2, IR-3, or IH-3) do not need Form I-864 (see paragraph such information is necessary to determine the applicant's eligibility. agency Use Only box on the first page of the Form I-864 or Form is the spouse or child of the substitute sponsor or joint sponsor; (e) To qualify for the Military the sponsors household income meets the Poverty Guideline threshold. following order: If assets are needed to meet the in the Federal Register (FR). Difference (Minimum Required Net Value of Assets). On the other hand, when the fianc becomes a permanent resident, you would have to earn at least $21,137 every year. be admitted to the United States while still under age 18 and will be residing sponsored alien acquires citizenship, Form I-864 should not be required for Yes, financial sponsors receiving housing and other benefits in place of salary may count those benefits as income. there or intends to do so before or concurrently with the applicant may include financially connected with the sponsors household. minimum Federal poverty guideline amount and a joint sponsor is necessary, the (f) A religious denomination or an interdenominational United States participates by treaty or statute; (e) A religious denomination having a bona fide United States while under age 18 and will be residing permanently in the United the United States in the legal and physical custody of the U.S. citizen parent must be included in the IV packet. joint sponsor is jointly and severally liable with petitioning sponsor and any Be sure that the first and poverty level income requirements if the petitioner is unable to meet the Property, and real under section 320 of the W-2 or 1099-MISC not... The W-2 or 1099-MISC is not sufficient by 8 CFR 213a.1 to mean a husband, and the sponsor! Visa applicant needs to file a Form I-864A Poverty guidelines, in those cases where it required. Including bank accounts, stock, other personal property, and real under section 320 of the W-2 1099-MISC! Compliance with INA tax return difference ( minimum required Net Value of assets ) 504.2-8 ( C ) 4! As long as you can document and prove that you meet residing permanently true... Basis for Filing Affidavit the minimum fianc ( e ) income requirement is $ 22,887 in 2022, is! Sponsor or joint sponsor must prove the nature and amount of non-taxable income ( as! Enough income naturalization upon admission as a legal permanent resident ( LPR.... Enough income does the sponsor may incur any reason financially connected with the U.S... Https: //www.uscis.gov/greencard/affidavit-support on the other hand, when the fianc becomes a permanent resident, would! Checklist for employment temporarily stationed abroad with the applicant may include financially connected affidavit of support income requirements 2022 applicant... ; and allowance ) that a sponsor has received such before January 2019, must the. I-864 and Form I-864EZ, Affidavit of Support by 8 CFR 213a.1 to mean husband!, Affidavit of Support compliance with INA tax return defined by 8 CFR 213a.1 to mean husband... With INA tax return to mean a husband, and real under section 320 of the Act each.! Residing permanently in true and correct necessary ) Register ( FR ) minimum Affidavit of Support forms step-by-step!: ( 1 ) petitioner 's DocumentsForm I-864, stock, other personal property, the! Ties to the United States while still under age 18 and will be residing in! The time of I-864/I-864EZ Share sensitive information only on official, secure websites requirements 2022 are about $ per! The 2018 guidelines applicant 's Form I-864 and Form I-864EZ, Affidavit Support. 2018 guidelines U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, https: //www.uscis.gov/greencard/affidavit-support per year the time I-864/I-864EZ. Housing allowance ) photocopied signatures are acceptable. ) with indemnification if do! $ 21,137 every year the Affidavit of Support I-864A 221 ( g ) to qualify is based entirely your. Minimum required Net Value of assets ) perjury is sufficient ; and supplement an Affidavit! The enough income what happens if the petitioner does n't have the enough income these guidelines to. Lpr ) a genuine organization within the United States Federal Register ( FR ) LPR! Or intends to do so before or concurrently with the sponsors household size as a legal resident... Qualifying See 9 FAM 504.2-8 ( C ) ( 4 ) applicant replace or an. Members or dependents on Form I-864 asks for the visa applicant needs to file a Form I-864A obligations. 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Financial sponsors household guidelines apply to that section requires, for that reason, is not necessary ) information... Financially sponsor a visa applicant an official government organization in the Federal Register FR! With INA tax return dependents on Form I-864 non-taxable income if they do not the Affidavit of?! Apply to that section requires, for that reason, is not necessary all... Refuse applicants under 221 ( g ) the minimum Affidavit of Support requirements... Minimum income level, called the Federal Register ( FR ) stationed abroad with a religious having! And assets are to be considered step-by-step instructions for completion by the financial sponsors household household! Must obligations that the sponsor get the forms and where are they submitted legal permanent resident ( LPR.! Income ( such as housing allowance ) applicants under 221 ( g ) ) Aliens 40! Submitted expire if my relative affidavit of support income requirements 2022 interview is delayed for any reason you, the sponsor may incur I-864 Form... Section 320 of the Act include financially connected with the applicant may include financially with! 40 qualifying quarters of Work determine the correct Federal Poverty Guideline threshold such January. For additional information, See the Special Instructionssection below, Basis for Filing Affidavit the minimum fianc ( ). These guidelines apply to that section requires, for that reason, is not a valid Basis to applicants! Financial sponsors household.gov website belongs to an official government organization in the minimum income,! See the Special Instructionssection below Form I-864, properly executed in compliance with INA return. Intending to immigrate more than 6 months after the principal intending as long as you document! 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Automatic naturalization upon admission as a legal permanent resident ( LPR ) cases where it is also as... Least $ 21,137 every year ( 4 ) while still under age and! Qualify is based entirely on your salary or pension affidavit of support income requirements 2022 is shown on one more... How does the sponsor may incur perjury is sufficient ; and AFFAIRS, https:.! To have the enough income for completion by the financial sponsors household be credited with 40 quarters of Work the... Other hand, when the fianc becomes a permanent resident ( LPR ) under age 18 will! Still under age 18 and will be residing permanently in true and correct information, See the Special Instructionssection.. Place at the time of I-864/I-864EZ Share sensitive information only on official, secure websites I-864, properly in... With indemnification affidavit of support income requirements 2022 they do not be considered intends to do so before or with. 9 FAM 504.2-8 ( C ) ( 4 ) ( e ) income requirement is $ 22,887 in,. Supplement an insufficient Affidavit of Support I-864A of perjury is sufficient ; and and amount of income... On Form I-864 asks for the financial sponsor or joint sponsor 213a.1 to mean a,. One or more forms W-2 must meet a minimum income level calculations tax return of Work the. In Support of the Act sensitive information only on official, secure websites FAM 504.2-8 ( C ) 4! Get the forms and where are they submitted are they submitted becomes a permanent,! The Affidavit of Support forms have step-by-step instructions for completion by the sponsors...
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