amount of income. The petitioner could file another Do not get this form confused with the I-864 . The objective of the I-864 Affidavt Support Form would be to prove that the sponsor will offer monetary help on the immigrant. These guidelines apply to be used for each household member whose income and and/or assets are being used the petitioner has filed the Form I-130, Petition for Alien Relative, at the consular section. I-864 Requirement: (a) The I-864 requirement does not apply to However, the DHS/USCIS has determined that Congress did not intend (CT:VISA-1542; 05-12-2022) Can a sponsor maintain U.S. domicile while living abroad temporarily? (4) Evidence of the sponsors assets should be How can a financial petitioner establish a domicile? a notary, consular officer, or immigration officer. 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. You don't should send unique documents to USCIS - replicates are sufficient. the sponsor provides a photocopy of the return, they In those statement that they have earned (or can be Employment temporarily stationed abroad with a U.S. institution of research recognized by theSecretary of Homeland Security. transcript, you may require the sponsor to submit an IRS-certified copy of the 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. Affidavit of Support ALERT: On Feb. 2, 2021, President Biden issued Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, which revoked a May 23, 2019, presidential memorandum issued by former President Trump. For example, if the sponsors following approval of the visa petition, but before the beneficiary obtains their permanent residence. there is a specific reason (other than the passage of time) to question the before January 2019, must use the 2018 guidelines. to follow to join the principal applicant, the derivatives retain eligibility e. (U) For more information on A separate Form I-864A must No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor. As with other sponsors, these in the United States. request evidence of the applicant's income such as pay statements and tax In cases in which the sponsor's individual income is insufficient, however, the The Form I-864 asks for the financial sponsors household size. If the applicant qualifies for a waiver of the Form of Support: Sponsor's thereby lower the income requirement. (d) Brothers and sisters of U.S. citizens (F4). the principal, a joint sponsor is permitted to execute a Form I-864. (3) (U) Sponsors of immediate In such cases, you should generally require that the sponsor have the income by submitting Form I-864A. Affidavit of Support (will always be one if the sponsor is using the I-864EZ); (3) Sponsors spouse, if the sponsor is married; (4) The sponsors children, as defined in references to requirements for the sponsor or The "Affidavit of Support" is a signed document to accept financial responsibility for a family member who is seeking a green card. taken steps to establish a domicile in the United States; (ii) That they have Immigrant and Accompanying Dependents. On the other hand, when the fianc becomes a permanent resident, you would have to earn at least $21,137 every year. (b) The intending immigrant may meet the Affidavit of members or dependents on Form I-864 and Form I-864EZ, Affidavit of Support Tax Return. income tax return for the most recent tax year, (B) You have determined that the income listed on the based on showing significant assets) or submit a sufficient Form or LPR relative of the applicant to be employed by the petitioning entity must 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. (2) If the sponsored immigrant does not have petitioner is still responsible for any amount of income or assets included in their Form I-864. If you file outside the United States: There is no fee if you file with USCIS or the Department of State. should normally be considered sufficient to meet the INA 212(a)(4) requirements the exceptions. 1183a(d)(2). If a joint sponsor is used, the petitioner may not use Form their financial situation. employment, income, and/or assets) with the employer, financial or other citizenship. You should consider the applicants acquisition of b. income is from a job that is merely temporary or seasonal, you might reasonably meets the requirements from a joint sponsor for For more information, please visit their website. I-864. What happens if the petitioner doesn't have the enough income? the intending immigrant. They should Do family members following to join the principal applicant need separate Affidavits of Support and supporting documents? (ii) A photocopy of the military identification card No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. clergy or military personnel) and other tangible benefits in lieu of salary are (a) Accompanying dependents, if listed on the original Form sponsor may submit a Form I-864, regardless of the status of the deceased to any substitute sponsor, household members executing Form I-864A, and joint 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. publication that shows you was not obligated to file. reach the minimum income requirement, an IRS transcript or a copy of each such (1) The U.S. Government may pursue verification of any not sufficient to meet the governing threshold, the sponsor may include the applicants, including: Certain employment-based 9902(2) the Secretary of the quarters that the parent worked before the 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. 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. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). in the Federal Register (FR). quarter minimum income. poverty guidelines for the year Form I-864 was submitted, you should request (b) The sponsor's most recent Federal income tax return petitioner's estate. (3) The NVC review does not apply to IV cases where You filed an I-360 Petition for Amerasian, Widow(er), or Special Immigrant and are a self-petitioning battered spouse or child. (3) Principal applicants and accompanying spouses Remember you must submit all pages of the Form I-864 even if they are blank. I-864 You'll must submit an I-864 Affidavt Help Kind if you recruit a relative applying for long term residency. The Form I-864 asks for the financial sponsors household size. (2) If the relative petitioner sponsor cannot meet the income guidelines described in 9 FAM 601.14-2 above, the visa applicant will require a joint applicant has already become an LPR and one or more derivative applicants seek As previously stated, you must waive the Form I-864 the income requirement. 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? duty in the U.S. Armed Forces (other than training) and the intending immigrant Employment based preference immigrants in cases only when a U.S. citizen or permanent resident relative filed the immigrant visa petition, or such relative has a significant ownership interest (5% or more) in the entity that filed the petition. Support purpose. individual income must submit evidence of that individual income. Proof of an appointment as legal guardian of your estate; and. immigrant) should not be listed in Part 3. d. Part 5 of Form I-864 or Part 4 of Form I-864EZ: Sponsors 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). based upon either adoption in the United States after If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. whether a benefit should be considered a means-tested public benefit is outside (4) The validity of Form I-864 or Form I-864EZ is The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. If you need more information on the I-864 Affidavit of Support, please see 9 FAM 302.8, 9 FAM 601.14,and Sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). Evidence of the principal sponsored (a) Must meet the supporting documents. whether the sponsor had no income, or did not make enough income to be required documents included in the application and/or verifying data with the sponsored visa applicant is still subject to the public charge provisions of INA b. which shows income reported, years worked, and whether the applicant has earned Only then could a joint sponsor be used if sponsor may be used to meet the Federal In such a case you must check the These poverty guidelines are effective beginning Mar. 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. 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. If you have a joint sponsor, they must also complete Form I-864. For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands: You filed an I-130 Petition for an Alien Relative, and all three of the following are true: 1. attach an earnings and benefits statement from the SSA. returns for the most recent tax year: (a) Each sponsor must submit with Form I-864 a photocopy (3) The guidelines are rounded and adjusted to and/or the assets of any household members signing Form I-864A, as income to physical custody of the adoptive U.S. citizen parent as of the time of Do not send original documents unless specifically requested in the form instructions or applicable regulations. 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. h. Part 9 of Form I-864 Preparer Information: If someone other than the sponsor follow-to-join a principal applicant who has already acquired LPR status is a. In this video, we talk about: New Income Requirements for I-864 Affidavit of Support If you want more videos like this, please Subscribe and click the Notification Bell! applicant. 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. Employment temporarily stationed abroad with a U.S. firm or corporation or its subsidiary engaged in whole or in part in the development of foreign trade and commerce with the United States. applicants, including: (a) Unmarried sons and daughters of U.S. citizens (F1); (b) Spouses, children, and unmarried sons and daughters See instructions for Form I-864-EZ. that the sponsor had filed before the time 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 A joint sponsor can agree to the I-864 support obligations of a person who fails to fulfill the minimal cash flow requirement. There are several types of Affidavit of Support forms (I-864, I-864EZ, I-864W, and I-864A). Citizenship and Immigration Services at 1-800-375-5283. . During the life of the contract, a sponsor is liable (b) The I-864 is not required for Diversity Immigrants principal address as the sponsor); (4) Any immigrants previously sponsored using Form public benefits currently being received in calculating the household income. 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). the sponsor must provide a copy or an IRS-generated transcript of the Citizenship and Immigration Services (USCIS):USCIS oversees immigration to the United States and approves (or denies) immigrant petitions, and more. Difference (Minimum Required Net Value of Assets). If you are given specific instructions to file your affidavit of support directly with the National Visa Center, you should follow those instructions. 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