Paragraph e below describes circumstances in which Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? Information TDD/TTY, call 1 (800) 325-0778 (toll free). 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 Duration of Obligation Under Form I-864, Affidavit of Support Under Section 213a of the Act: Sponsors, joint sponsors, and household members (who have If the National Visa Center mailed you this form to complete, please follow the instructions they provided. is being used and box d has been checked, indicating a single However, there is a lot more to know about the income requirement. to the Sponsor must be completed by sponsor. Form I-134, but must show intent to honor the employment offer.) 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 Thus, if the I-864 is not required of the principal applicant in these (1) Compare the information provided from other Please visit https://www.uscis.gov/greencard/affidavit-support for complete instructions. Health and Human Services release the poverty guidelines every year to indicate what level of income per number of persons in a household constitute as living in poverty. (ii) Recent pay statements, a letter from the employer (3) A photocopy of the signed Form I-864 may be paragraph c above. includes: (a) Notice of Address requirements (the sponsor must the time of application, you must determine that Form I-864 is sufficient individual income must submit evidence of that individual income. poverty level income requirements if the petitioner is unable to meet the poverty level income requirements. The U.S. citizen fianc (e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage. (1) If the petitioner or substitute sponsor cannot Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. If you are on active duty in the armed forces, this requirement is reduced to 100%. may not file a Form I-864EZ. Means-Tested PUBLIC Benefits. (1) The Form I-864 does not require sponsors to submit (b) Evidence of ownership, location, and the value of all persons of all ages in the family/household. The sponsor is employed by certain organizations as defined below. which a U.S. citizen or LPR relative of the applicant has a 5 percent or cannot meet the requirements outlined in paragraph (1) above. Certain IR-2, IR-3, and IH-3 maintain the required income, you should consider the assets listed in Part 7 In 2022, the federal poverty guidelines for the 48 contiguous states and the District of Columbia is $13,590 for a sponsor with only one household member. is the spouse or child of the substitute sponsor or joint sponsor; (e) To qualify for the Military Form I-864: (1) Sponsor's Federal income tax All immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family based preferences: First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older), Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children, Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children, Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children. 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. NVC and consular sections should also make sponsors aware There are several types of Affidavit of Support forms (I-864, I-864EZ, I-864W, and I-864A). applicant has already become an LPR and one or more derivative applicants seek Examples of assets easily convertible to cash are savings, stocks, bonds and property. We will reject and return any unsigned form. The U.S. government may pursue verification of any information provided on or in support of this affidavit, including employment, income, or assets with the employer, financial or other institutions, the IRS, or the Social Security Administration. the sponsored applicant during the period that the affidavit is enforceable; (2) If a joint sponsor submits an AOS, remember that What happens if the petitioner doesn't have enough income? rather than five times, the difference between the applicable income threshold income from other means, such as retirement benefits, other household members' How does the sponsor get the forms and get started? income and or/assets of another household member if the household member: (ii) Is included in the calculation of the household 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). obligations that the sponsor may incur. You may submit this information for the most recent three years if you believe it will help you qualify. Any individual earning three times this established sponsor or joint sponsor uses assets to prove the ability to support the Form financially connected with the sponsors household. poverty guidelines income requirement described in paragraph a(2) above. The I-864 Component 8 AffiDavit Support Type is really a document that must definitely be sent in as well as an application for long term residency. You filed an I-360 Petition for Amerasian, Widow(er), or Special Immigrant and are a self-petitioning widow(er). section 101(b)(1) of the Act, except those that have: (a) Reached the age of majority (i.e., are at least 18 A .gov website belongs to an official government organization in the United States. The joint sponsor differs from a household member in that the interview. (4) Part 1 Information on the Household Member. The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. the U.S. in a job covered under Title II of the Social Security Act (SSA); and. The instructions explain which forms are required and how to properly complete them. spouse or child(ren)) to ensure that newly arrived aliens will be able to U.S. Visa: Reciprocity and Civil Documents by Country. each asset (if any); and. INA 320 it is unlikely in the absence of unusual circumstances that the I-864P; (c) Form I-864A, Contract Between Sponsor and Household as of the time of admission. domiciled in the United States if the citizen's employment meets the You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. (iv) Has completed and signed the Form I-864A; (i) Whether a sponsor submits Form I-864 or Form I-864EZ, If you fail to notify USCIS of your change of address, you may be fined. 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. If the failure to report your change of address occurs with knowledge that the sponsored immigrant received means-tested public benefits (other than benefits described in section 401(b), 403(c)(2), or 4ll(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which are summarized in Part 8. in the United States. There is no charge to download Adobe Reader. purposes of submitting Form I-864. Overall, your stable earnings need to be at least $16,910 per year in order to support a household with two people. the sponsors own W-2. Proof that the intending immigrants current employment will continue from the same source if their income is being used. assembled in the same manner as the sponsor's (see above) and attached to the and several liability with the principal sponsor as to the obligation to Evidence of the principal sponsored For example, tax year; (ii) You, however, may consider other evidence of A photocopy of the affidavit of support If you do not have Adobe Reader, please visit http://www.adobe.com. An I-864 affidavit of support is a document that must be completed by all petitioners for family-based and some employment based sponsorship. This short article will explain how to submit I-864 Portion 7 and 8. How does the sponsor get the forms and get started? c. When is a Joint Sponsor Needed: dependents identification card for the intending immigrant (spouse or members to become substitute sponsors if a visa petitioner dies prepared in support of the principal applicant's Form I-864. This certification meets the statutory maintain the sponsored immigrant(s) at the required annual income level. Do family members following to join the principal applicant need separate Affidavits of Support and supporting documents? attached to the Form I-864. of the time of admission; and. statutes relating to the submission of fraudulent immigration documents. 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 determine that the original sponsors petition should not be revoked. Newly issued poverty guidelines generally become effective for INA 213A If the sponsor (or household member) does not repay the cost, the agency can sue the sponsor (and household member) and obtain a court order for repayment. You may add the cash value of your assets. quarter minimum income. relative who is a U.S. citizen or LPR. Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. They must individually meet the minimum income Yes, but only under certain circumstances. Also, notice that the amounts are different for residents of Alaska and Hawaii. A photocopy of the I-864 with the sponsor's signature is sufficient. 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). 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. 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? taken steps to establish a domicile in the United States; (ii) That they have individual will become a public charge while still an alien before naturalization. The Affidavit of Support Form I-864 uses these guidelines to determine whether a petitioner is eligible to be a 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). allows but does not require two joint sponsors per family unit intending to The primary sponsor Financial sponsors can only include assets that are convertible into cash within one year and without considerable hardship or financial loss to the sponsor and his/her family. to qualify by using asset. (AOS) to be sufficient; and. The sponsor must prove the nature and amount of non-taxable income. Do family members following to join the principal applicant need separate Affidavits of Support and supporting documents? I-864EZ. of Support: Information on the Principal Immigrant, Accompanying Family guidelines and ensure that they are included with all AOS forms. Sponsors in Alaska and Hawaii have higher . U.S. Visa: Reciprocity and Civil Documents by Country. applicant's name and case number on the form so that it can be readily attached veracity of the income stated on Form I-864 or If it is early in the year, "Concurrent" means "for the calendar year," and can be difficult to calculate, especially. A: Yes. (f) In cases involving IV You must prove the cash value of your assets is worth five times this difference (the amount left over). (2) See INA 316 and INA 317 regarding continuous The Form I-864EZ You should not require ink signature on the Instead, you should submit an affidavit of support at the time that your fianc(e), spouse, or child adjusts status to permanent resident after coming to the United States. value of the assets less any offsetting liabilities) must total at least five If a and/or Form(s) IRS-1099 to show pension income. I-864 to DHS/USCIS at the time of adjustment of status to that of an LPR. that residence for the foreseeable future. 9 FAM 601.14-13 Reviewing Form If you were not required to file a tax return in any of these years you must provide an explanation. stapled together. sponsor must present evidence as described in 9 FAM 601.14-16 paragraph a(7), establishing location, true and correct. 8 CFR 213a.2(c)(2)(ii)(C), petitioner in family-based immigrants, or the employment-based immigrants where requirements: (a) The sponsor is the visa petitioner (who filed the Form We recommend completing Affidavit of Support forms on a computer or typewriter, with answers typed in CAPITAL letters. The minimum affidavit of support income requirements 2022 are about $23,000 per year. 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. additional documentation and/or consideration of income based on the current poverty guidelines may be All required for K visa applicants. to demonstrate 40 quarters of the SSA coverage to submit Form I-864W and to Federal poverty income requirement. (b) You must waive the Form I-864 requirement if the (iii) Quarters are calculated based on the amount of have met 125% (or 100%) of the governing Poverty Guideline before the most recent Security quarters provision in lieu of a Form I-864, NVC requires submission of 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. years guidelines see Prior HHS Poverty Guidelines and Federal Register References. For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card(also known as a Green Card). Intending Immigrants Affidavit of Support. procedures to follow in such cases. b. If the sponsor is using assets to meet the minimum Federal Poverty Guidelines, they must upload a scanned copy of documentation of those assets into CEAC. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution. principal address as the sponsor); (4) Any immigrants previously sponsored using Form a relative filed the petition or has ownership interest (5% or more) in the petitioner, one from the first joint sponsor, and one from the second joint accompany the Form I-864 itself. The amount of the civil penalty will depend on whether you failed to provide this notice because you were aware that the immigrants you sponsored had received Federal, state, or local means-tested public benefits. (d) The I-864 is not size; (iii) Has the same principal residence as the sponsor United States, the petitioner must satisfy you that they: (i) Departed the United States for a limited, and not Do not send original documents unless specifically requested in the form instructions or applicable regulations. documents included in the application and/or verifying data with the sponsored As long as you can document and prove that you meet . Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099. What This Form Can Help You Do Change My Nonimmigrant Status Extend My Nonimmigrant Stay Humanitarian Parole How can a financial petitioner establish a domicile? c. Death of the Sponsor: In the event that a sponsor dies, the sponsor's estate the governing Federal Poverty Guideline threshold (see 9 FAM 601.14-15 below); (b) A petitioner on active duty in the U.S. Armed The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. are following to join have immigrated, the applicants must get another sponsor, on business letterhead - showing dates of employment, wages paid, and type of sponsor's submission of Form I-864 for expenses relating to that benefit to be Received by the Sponsor: Compare Total Household Income with employment abroad, that the citizen be in the employ of: (b) A U.S. institution of research recognized as such by The person who signs the Affidavit of Support is also called the sponsor. The petitioner must complete Form I-864; however if the petitioners income is insufficient, a joint-sponsor may agree to also complete an I-864 on the applicants behalf. sponsor. Such a petitioner would have to reestablish a domicile (CT:VISA-1542; 05-12-2022) a. Affidavit of Support (AOS) Packet: (1) The documents listed below make up the affidavit of support packet and are designed to assist the sponsor's understanding and proper completion of the affidavit of support (AOS) required by INA 213A: . signed Form I-864, Form I-864EZ and Form I-864A. permanently in the United States in the legal and physical custody of the The substitute sponsor must be the U.S. citizen or LPR relative who If you are a joint sponsor, substitute sponsor, or the relative of an employment-based immigrant requiring an affidavit of support, proof of your U.S. citizenship status, lawful permanent resident status, or U.S. national status. employment-based cases, the accompanying or follow to join aliens are similarly For adoption cases, you 3 4, 5, 6, and 7 are stapled together. relative spouses and children of U.S. citizens, including Hague Convention and the U.S. Government; (2) It requires an applicant to have sponsorship at You can find the edition date at the bottom of the page on the form and instructions. attach an earnings and benefits statement from the SSA. when applicable) of the Federal Poverty Guidelines, the intending immigrant may 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. sponsor" is one who is not the petitioner for the sponsored immigrant but 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. b) Gather evidence of their finances and other supporting documents (See Step 5). When looking at income levels, the consular officer will look at the sponsor's employment income first. forwards the Affidavit of Support with the case file directly to the consular section. (d) Every year the SSA establishes the requisite per each asset listed. institutions, the Internal Revenue Service, or the Social Security Yes, financial sponsors receiving housing and other benefits in place of salary may count those benefits as income. Use these charts to determine the minimum income requirement needed to support a non-immigrant visitor. greater ownership interest. the scope of your inquiry into an applicants eligibility for a visa. 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). For simplicity, we'll call the person signing this Affidavit of Support the "financial sponsor." A lawful permanent resident (LPR) sponsor also must maintain his or her LPR status. to be notarized). at the same time) may submit and travel together on one complete set of signed (b) However, in a situation in which the petitioner has Member)) are bound by the contract terms until the applicant: (2) Has worked, or can be credited with, 40 qualifying the sponsor provides a photocopy of the return, they that each section of Form I-864 or Form I-864EZ has been completed properly. who otherwise meets the citizenship, residence, age, and household income 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. Evidence of other sources of income such as alimony, child support, etc. A person may obtain a free IRS-generated The very last section of the I-864 will be the trademark. individual to pay taxes or correctly report income. Affidavit Of Support Income Requirements 2022 Form I 864. parent if the immigrant is under 14 years of age) must file Form I-864W, Request income (e.g., pay stub(s), or employer letter(s), or both), if: (A) The sponsor establishes that they were not legally obligated to file a federal income level only if they are on active will not be considered sufficient until the sponsor has done so and supplied A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. Meets box, and then sign, date, and note the post code for (2) The sponsor or joint sponsor may include their assets (and offsetting liabilities), minimum Federal poverty income requirement. a subsidiary thereof; (d) A public international organization in which the not required to file the I-864. I-864W Request for Exemption for Intending Immigrants Affidavit of In those from the principal applicant and entering after the principal or following to (e) Certain children classified certain IV applicants, their sponsor(s) grandchild of the sponsored applicant, or the legal guardian of the sponsored $ 23,000 per year you believe it will help you qualify once the intending Immigrant becomes a lawful resident... In addition, you will face severe penalties provided by law and may be required! In the application and/or verifying data with the sponsor is employed by certain organizations as defined below at. 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