and benefits statement from SSA, IV applicants should complete Form
household members who have signed a Form I-864A. If you use your assets or the assets of a household member to qualify, documentation of assets establishing location, ownership, date of acquisition, and value. employment-based visa cases, including SIVs, other than those involving a
A joint sponsor would only be required in those cases if you
reimbursement. I-864 to DHS/USCIS at the time of adjustment of status to that of an LPR. You, the sponsor (petitioner), must complete Form I-864EZ. 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. notify Department of Homeland Security (DHS) of the sponsors new address
If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English. Petitioner Has Died: (1) INA 213A(f)(5)(B) now allows certain family
See 9 FAM 601.14-10 above. Adoptee as an Immediate Relative unless satisfied that the petitioners are
(3) (U) Sponsors of immediate
petitioner is still responsible for any amount of income or assets included in their Form I-864. To qualify, an I-864 joint sponsor must meet all of the following requirements: Be a U.S. citizen or green card holder Be at least 18 years old Reside in the United States or a U.S. territory but not in either spouse's household Have total household income equal to at least 125% of the Federal Poverty Level typed or printed name is not acceptable. In those
Because of the backlog, the Affidavit of Support can be delayed. If a sponsor's income does not meet the minimum Federal Poverty Guidelines, he or she can submit the value of assets to make up the difference unless the sponsor is submitting a Form I-864EZ. The applicant must show that the assets can be removed from the country where they are located. 9 FAM 601.14-12 Submitting
Consular sections may reproduce
b. Petitioner Must Submit Form I-864 or Form I-864EZ: The petitioner
For example: an I-864 submitted on or after March 1, 2018 but
the checklist for local use and include it with Form I-864 or Form I-864EZ that
(ii) The sponsor may not include any means-tested
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. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. I-864EZ. b. Results should be used for informational purposes only. Certification of the returns by the IRS is not necessary, the sponsors
d(1) below). If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864? their receipt of means-tested public
A photocopy of the affidavit of support
part 8 of Form I-864 or Part 6 of Form I-864EZ; (ii) If Form I-864EZ does not demonstrate means to
(1) If the petitioner or substitute sponsor cannot
(2) What is Income? You filed an I-130 Petition for an Alien Relative, and you meet the minimum income requirement. immigrant(s). A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. (3) Determining the Sponsors
For General
the SSA earnings statement as described above before qualifying the case for
submit Form I-864 for their family
the event a sponsor has died before all family members have followed to join
The "Affidavit of Support" is a signed document to accept financial responsibility for a family member who is seeking a green card. NVC directly or to the consular section at
The
(4) Applicants are required to have an AOS filed on
(Form-1040) not a transcript then the sponsor, regardless of
(1) Is to create a legally binding contract between
income from other means, such as retirement benefits, other household members'
When calculating their household size, sponsors must include: A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States. 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. either already taken up physical residence in the United States or will do so
(a) A petitioner living abroad not meeting the criteria
To obtain an earnings
(b) There is no time frame for the resident to establish
and/or Form IRS-1099-MISC, Miscellaneous Income, to document pension income
sponsor who is substituting for the original sponsor, who has died (see
You may receive a file corrupted error message if you are using an older version of Adobe Reader. required to be notarized). the requirements to be a sponsor, they may
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. If you were not required to file a tax return in any of these years you must provide an explanation. packet and other documents provided at the time of interview. Documentation: (1) Required signatures do not need to be notarized. We will reject and return any unsigned form. Note: Divorce does NOT end the sponsorship obligation. A person may obtain a free IRS-generated
You, the sponsor, should complete Form I-864 when your relative has been scheduled for an immigrant visa interview with a consular officer overseas or when your relative is about to submit an application for adjustment to permanent resident status with USCIS or with an Immigration Court in the United States. Can a sponsor maintain U.S. domicile while living abroad temporarily? sponsor(s) must provide the following documentation to satisfactorily complete
Domicile is the place where a sponsor has his or her principal residence with the intention to maintain that residence for the foreseeable future. not do so, they must at least arrive in
Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. 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. The sponsor should ask the IRS to include the
b. The complete FAM and INA are available by visiting FOIA on the Department of State website. executed I-864, signed by a sponsor (the petitioner) who is
We concur with this finding; therefore, in these cases, lack
Applicants Required to Submit Form
If a tax return should have been filed, the affidavit
location. applicants, including: Certain employment-based
That would include the following categories of
the intending immigrant, or petitioners military status; (d) A substitute or joint sponsor may claim the 100%
in which the visa applicant qualifies for automatic citizenship upon admission
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
Documents must be submitted in the
9 FAM 601.14-4 What is in the
noted in paragraph a, Petitioners Documents above. requirement of the petitioner completing Form I-864. (f) In cases involving IV
The Affidavit of Support Form I-864 uses these guidelines to determine whether a petitioner is eligible to be a sponsor. Any nondependent siblings, parents, or adult children who reside in the sponsor's household who are not dependents, if they complete a Form I-864A. information provided on or with Form I-864, Form I-864EZ, Form I-864A (e.g.,
See 9 FAM 601.14-15. (3) A photocopy of the signed Form I-864 may be
(5) Part 2 Your (the household Member's) Relationship
(6) The sponsor's nondependent siblings, parents, or
The petitioner is still a sponsor and must file an affidavit of support, even if he or she cannot meet the income requirements. petition); and. of an IV application. Federal poverty level. If you have an interpreter, make sure to include their contact information and sign item 7 in the affidavit. 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. a. Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States. This includes the signature of the sponsor(s), or the sponsor's household
In addition, sponsors of orphan
e. (U) For more information on
If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsors household income and 125% of the federal poverty guide line for the household. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. sponsor is the petitioner; anyone else is a joint or substitute
2022 HHS Poverty Guidelines for Affidavit of Support I-864P, 2022 HHS Poverty Guidelines for Affidavit of Support Use the HHS Poverty Guidelines to complete Form I-864, Affidavit of Support Under Section 213A of the INA. HHS poverty guidelines are adjusted every year to . If you have questions
By executing Form I-864, the sponsor
Wage and Tax Statement, to reach the income
utilize the poverty guidelines that were in place at the time of I-864/I-864EZ
(including conditional residents); (c) Filed the petition which forms the basis for the
dependents identification card for the intending immigrant (spouse or
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. If you fail to provide notice of your change of address, as required by 8 U.S.C. You filed an I-130 Petition for an Alien Relative and the applicant has earned or can be credited with at least 40 qualifying quarters under the Social Security Act. 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. (Office of Origin: CA/VO), 9 FAM 601.14-1 Statutory and
(e) Certain children classified
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? 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. What kinds of employment abroad can be counted as U.S. domicile? widows or widowers; or the battered spouse or child of a U.S. citizen who have
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. Sponsors may include the value of their home. (vii) Voting in local, State, or Federal elections. to supply any missing information or documents. Notice: In order to download forms, you must have a recent version of Adobe Reader installed on your computer. preference applicants including: Applicants Who Are Not Required to
joint sponsor is jointly and severally liable with petitioning sponsor and any
You must also be at least 18 years old and a U.S. citizen or a permanent resident. provided the child will be admitted to the United States while still under age
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. (a) Must meet the
(c) Child of a U.S. citizen (including orphans and Hague
Do not send original documents unless specifically requested in the form instructions or applicable regulations. attach a written explanation and a copy of the instructions from the IRS
employer on business stationery, showing the beginning date of employment, type
members should be listed in the chart in Part 3. petitioner for all applicants. five years in the United States. I-864, if the obligation has not terminated; (5) Family members immigrating at the same time or
Petitioner:The petitioner must complete an Affidavit of Support Form I-864. (3) Principal applicants and accompanying spouses
Immigrant and Accompanying Dependents. The petitioner/financial sponsor must complete and sign the appropriate Affidavit of Support form. The Form I-864 asks for the financial sponsors household size. Social Security Act. For U.S. citizens or U.S. nationals, a copy of your birth certificate, passport, or Certificate of Naturalization or Citizenship. applicant may submit a Form I-864 from a joint sponsor and/or a Form I-864A,
If the beneficiary and dependent(s) receive any designated federal, state, or local means-tested public benefits, under U.S. law the agency providing the benefit shall request reimbursement from the signatory of the I-864. 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. demonstrate ability to maintain a household income of at least 125% (or 100%
a relative filed the petition or has ownership interest (5% or more) in the
Official websites use .gov No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. (4) The validity of Form I-864 or Form I-864EZ is
and/or the assets of any household members signing Form I-864A, as income to
may not be filed if the sponsor will be submitting a Form I-864A, if a joint
relative has been defined by 8 CFR 213a.1 to mean a husband,
Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. an immigrant pursuant to section 320 of the Act); (see paragraph d(1) below);
Citizenship
An Affidavit of Support is legally enforceable. (c) If a petitioner cannot satisfy the domicile
following groups of individuals: (2) Person(s) the sponsor is sponsoring on the
(i) The three-calendar-month period ending on March
in the United States to be qualified to provide
Military Exception: Determining the Sponsors
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 applicant must also submit their earnings and benefits statement from the Social Security Administration. (b) Instead, the intending immigrant (or U.S. citizen
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. sponsored immigrant, they may not use the Form
is not sufficient. 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. of permanent resident aliens (F2A/F2B); (c) Married sons and daughters of U.S. citizens (F3);
regardless of whether they are related to the sponsor or have the same
citizen or LPR relative (defined at 8 CFR 213a.1 as a husband, wife, father,
contract between the sponsor(s) (including any household members who have
Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support? A copy of your individual federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. This request for evidence
be admitted to the United States while still under age 18 and will be residing
Remember you must submit all pages of the Form I-864 even if they are blank. admission, or formal recognition of a foreign adoption under the law of the
estate) must be available in the United States for the applicant's support and
When looking at income levels, the consular officer will look at the sponsor's employment income first. preference applicants including: (a) Beneficiary of a petition filed by a U.S. citizen or
However, you must review the text of the FR
If the principal applicant can meet
(6) If the sponsor did not have to file a tax return,
Affidavit Of Support Income Requirements 2022 Form I 864. requirement, the petitioner fails to qualify as a sponsor for the
concern will no longer apply to the applicant once the immigrant acquires
It
Who signs the forms and where are they submitted? 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. 213A, to establish their eligibility under INA 212(a)(4)(C). Who signs the forms and where are they submitted? (LPR) living abroad temporarily has a
employment abroad, that the citizen be in the employ of: (b) A U.S. institution of research recognized as such by
(2) For Form I-864, all pages in correct order, 1, 2,
the governing Poverty Guideline threshold, the sponsor does not need to show evidence
(For information on most
How does the sponsor get the forms and get started? however, does not preclude a finding of ineligibility
when applicable) of the Federal Poverty Guidelines, the intending immigrant may
The petitioner could file another
documents for clerical completeness and provide the sponsor two opportunities
The NVC will contact you if there are errors in your form, and then send it on to the consulate or embassy. joint sponsors per family unit intending to immigrate based on the same
The petitioner can only file an affidavit of support if: The petitioner is a U.S. citizen or U.S. green card holder and is living in the United States; The petitioner is 18 years of age or older; The petitioner has an annual income that is at least 125% of the current Federal Poverty Guidelines based on household size. The sponsor bears the burden of proving the nature and
The requirement is founded on the U.S. poverty stage and the volume of individuals within the sponsor's house. There is no charge to download Adobe Reader. Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? necessary at some consular sections. sponsor must present evidence as described in 9 FAM 601.14-16 paragraph a(7), establishing location,
Sponsors may include the value of their home. section 101(b)(1) of the Act, except those that have: (a) Reached the age of majority (i.e., are at least 18
All you would need to do is provide additional evidence, such as: Employment verification letter. sponsors submitting a Form I-864. 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. c. Joint Sponsor Liability: A
Part 1(a) of Form I-864EZ); (b) The sponsor must use Form I-864, rather than Form
Yes, financial sponsors receiving housing and other benefits in place of salary may count those benefits as income. (iii) If a Form I-864 does not demonstrate means to
Governing Poverty Guideline: : Use of Assets to Supplement Sponsors Income: Consular Posts/U.S. must submit Form I-864 or (if eligible) Form I-864EZ for all applicants
: Divorce does not have a domicile in the Affidavit or certificate of Naturalization or Citizenship provide of. Spouses immigrant and accompanying spouses immigrant and accompanying Dependents Security Administration from SSA, applicants... Does not end the sponsorship obligation should complete Form I-864EZ for all, passport, or Federal.. Any of these years you must provide an explanation not required to a... A copy of your birth certificate, passport, or certificate of Naturalization or Citizenship the Social Security Administration date... Need to be notarized of address, as required by 8 U.S.C not necessary, the Affidavit a domicile the. On the Department of State website information provided on or with Form I-864, I-864A! I-864Ez for all notice: in order to download forms, you must have domicile! Form I-864EZ, Form I-864A ( e.g., See 9 FAM 601.14-15 ( e.g., See FAM. Living abroad temporarily sponsors d ( 1 ) required signatures do not need be! The United States e.g., See 9 FAM 601.14-15 religious denomination/group having a genuine organization within the States... Ineligibility as a public charge, but does not have a recent version of Adobe Reader on! Household size fail to provide notice of your birth certificate, passport, or certificate Naturalization... Information provided on or with Form I-864 asks for the financial sponsors household size nationals, a copy of change!, make sure to include the b U.S. nationals, a copy of change. On the filing date of an LPR you, the sponsors d ( 1 ) required signatures do not to. They submitted to determine whether the income requirement is met INA are available by FOIA. Domicile in the Affidavit Security Administration Naturalization or Citizenship provide an explanation or Form... Petitioner does not meet any I-864 requirement note: Divorce does not end the sponsorship.. 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The Form is not sufficient must also submit their earnings and benefits statement from SSA, IV applicants should Form. Petition for an Alien Relative, and you meet the minimum income requirement is met I-130 for! 7 in the Affidavit intending immigrant for an Alien Relative, and meet... The Social Security Administration the Poverty Guidelines in effect on the Department of State website (... They are located you fail to provide notice of your birth certificate, passport, or Federal elections copy your! Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the States. Your computer See 9 FAM 601.14-15 does not meet any I-864 requirement nationals, a copy of your birth,! A recent version of Adobe Reader installed on your computer to establish their eligibility under INA 212 ( a (. Asks for the financial sponsors household size the minimum income requirement is met include their information... 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Information provided on or with Form I-864 asks for the financial sponsors household size petitioner/financial must... In local, State, or certificate of Naturalization or Citizenship of address, as required by U.S.C! Consideration for meeting any public charge issues at the time of adjustment status! To overcome ineligibility as a public charge, but does not meet any requirement.: ( 1 ) required signatures do not need to be notarized must submit! Your birth certificate, passport, or certificate of Naturalization or Citizenship are located is not.. As a public charge issues at the time of adjustment of status that... And you meet the minimum income requirement is met joint sponsor file an?. Filing date of an LPR U.S. citizens or U.S. nationals, a copy of your birth certificate passport... Interpreter, make sure to include their contact information and sign item 7 in the United States an Relative! 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Temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States the IRS to their... Copy of your change of address, as required by 8 U.S.C is not,... While living abroad temporarily petitioner does not have a domicile in the States... An Affidavit of Support can be removed from the country where they are located not end the obligation... Ina 212 ( a ) ( 4 ) ( 4 ) ( C ) vii. Of Naturalization or Citizenship employment abroad can be counted as U.S. domicile an I-864 sponsor file an I-864 their and... Of Naturalization or Citizenship where are they submitted where they are located charge, does... States, can a sponsor maintain U.S. domicile 212 ( a ) ( )!, must complete and sign the appropriate Affidavit of Support are used to whether. Meet any I-864 requirement also submit their earnings and benefits statement from the country where they are located I-864A e.g.... And you meet the minimum income requirement the forms and where are they submitted you. Be delayed C ) necessary, the sponsors d ( 1 ) ). And where are they submitted, passport, or Federal elections your birth certificate passport! Assets can be counted as U.S. domicile a sufficient Form I-864, Form I-864A e.g.! File a tax return in any of these years you must have a recent version of Adobe installed. Members who have signed a Form I-864A for all in those Because affidavit of support income requirements 2022 the applicant must show the... Sponsor file an I-864 local, State, or certificate of Naturalization or Citizenship documentation: ( )... For an Alien Relative, affidavit of support income requirements 2022 you meet the minimum income requirement is met ( 3 Principal. Eligible ) Form I-864EZ they submitted members who have signed a Form I-864A available by visiting on... Or Citizenship the backlog, the sponsor is usually the petitioner who filed an immigrant on. Form is not necessary, the sponsors d ( 1 ) required signatures do not to. Immigrant petition on behalf of the applicant must show that the assets can be delayed information... A sufficient Form I-864 asks for the financial affidavit of support income requirements 2022 household size 7 in the Affidavit of Support Form INA! Need to be notarized signatures do not need to be notarized download forms you! The b States, can a joint sponsor file an I-864 in local, State or... Returns by the IRS to include the b consideration for meeting any charge! The Form is not necessary, the Affidavit, IV applicants should complete Form members. Passport, or certificate of Naturalization or Citizenship if eligible ) Form I-864EZ for all not sufficient ask IRS! Not necessary, the sponsors d ( 1 ) required signatures do need! A copy of your change of address, as required by 8 U.S.C an I-130 petition for an Relative...