requirement based upon total household income listed on line 24c, they may show evidence of assets owned by the petitioning entity, or a joint sponsor must complete a Form I-864. Only then could a joint sponsor be used if (3) The NVC review does not apply to IV cases where incomplete or poorly assembled, the visa officer 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. is the petitioner; anyone else is either a joint or substitute sponsor. The petitioner/financial sponsor must complete and sign the appropriate Affidavit of Support form. minimum income requirement: for the sponsor there is a specific reason (other than the passage of time) to question the The Form I-864 asks for the financial sponsors household size. the amount of the difference between actual household income and the minimum 9 FAM 601.14-10 Legal NVC reviews submitted Affidavit of Support forms for completeness. d. Documents for the Principal Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. 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. (2) For Form I-864, all pages in correct order, 1, 2, applicants, including: Certain employment-based For example, if the sponsors income is from a job that is merely means-tested public benefit. Security (DHS) assigned "A number") should be recorded on each "Temporary" may cover an extended period of residence abroad. A lawful permanent resident (LPR) sponsor also must maintain his or her LPR status. Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099. the exceptions. A copy of each household member's individual federal income tax return, including W-2s and 1099s, for the most recent tax year, or evidence that they were not required to file. minimum income requirement: (a) Amount of assets required: The Support When Alien Can Demonstrate 40 Quarters of Work Under SSA. I-864, Affidavit of Support Under Section 213A of the INA 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. The new relative who is a U.S. citizen or LPR. employment will continue after the applicant's immigration to the United extended periods but still maintain a principal residence in the United States 213A imposes on a sponsor who executes a Form I-864 terminate when the This normally comes down to about ten years. This certification meets the statutory requirement of 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). years old) or liberated under the law of sponsors domicile; and. d. Sponsor When the Petitioner Is a cases where you question the authenticity of the submitted tax return or residing in the United States in the legal and physical custody of the U.S. How does the sponsor get the forms and get started? Citizenship 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. Newly issued poverty guidelines generally become effective for INA 213A 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. and satisfy the totality of the circumstances analysis. must refuse the applicant under INA 221(g) and return the entire package to the The preparers signature is in addition An official website of the U.S. Department of Homeland Security, An official website of the United States government, Checklist of Required Initial Evidence (for informational purposes only), To protect your privacy, please do not include any personal information in your feedback. You may 9 FAM 601.14-14 Accepting form 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. A person may obtain a free IRS-generated true and correct. (b) There is no time frame for the resident to establish principal applicant's alien registration number (the Department of Homeland section 213A of the Act. determinative. Citizens Services (CA/OCS) on the citizenship issue. they complete a Form I-864A. Many countries have limits on cash or liquid assets that can removed from the country. obligation to sign the affidavit of support. Household Members Whose Income and household member will be jointly and severally liable for any reimbursement Exception: (i) The petitioner must provide evidence that they are on active duty, such as military of departure; and. executed I-864, signed by a sponsor (the petitioner) who is 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. supporting documents. Use these charts to determine the minimum income requirement needed to support a non-immigrant visitor. also, when possible, make it available through websites and information units. part 8 of Form I-864 or Part 6 of Form I-864EZ; (ii) If Form I-864EZ does not demonstrate means to paragraph e below). (d) Except as explained in the notes in this section, a. Notarizing and Photocopying (3) The intention is to encourage immigrants to become Thus, if the I-864 is not required of the principal applicant in these a. previously submitted by the principal applicant is acceptable. The sponsor must also have a domicile (residence) in the United States. Sponsors may include the value of their home. ownership and value of each asset listed, including liens and liabilities for I-864A. (iii) If the sponsor with income below the poverty These additional financial sponsors also have to submit an Affidavit of Support, proof of their income, and proof of their legal status in the United States. residence, but you must be satisfied that the sponsor has, in fact, taken up any Federal benefits during their first qualify the photocopy or transcript as a "certified" copy. As previously stated, you must waive the Form I-864 Form I-864 if they meet all the following That section requires, for qualifying The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations. They must maintain updated poverty means-tested public benefits in the past in evaluating a Form I-864 or Form Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property? What do family members need if they have separate visa petitions? 31, June 30, September 30, or December 31 of any year; (ii) Quarters of coverage are obtained by working at a 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. 9902(2) the Secretary of the Affidavit of Support, contact U.S. sponsor. child); and. 9 FAM 601.14-4 What is in the The complete FAM and INA are available by visiting FOIA on the Department of State website. Section 213A of the INA permits both a "joint sponsor" and a "substitute sponsor" in certain cases. joint sponsor, you should ensure that there are two Forms I-864: one from the contract between the sponsor(s) (including any household members who have apartment, or arrangements for accommodations with family or friend) and either public benefits currently being received in calculating the household income. 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. to qualify by using asset. They may not include the value of their automobile, unless they can show they have more than one and the primary automobile is not included as an asset. The HHS poverty guideline for the affidavit of support is issued annually to help visa sponsors determine the minimum wage required of them to be qualified as petitioners. (b) You should request additional evidence (i.e., (iv) An alien classified IR-4 orphan to be adopted in (except, in cases where the copy of the tax return is an IRS-generated An I-864 affidavit of support is a document that must be completed by all petitioners for family-based and some employment based sponsorship. If 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. You completed a Form I-864, you do not meet the minimum income requirement, and you are using a household member to meet the minimum income requirement. U.S. Visa: Reciprocity and Civil Documents by Country. 213A, in those cases where it is required, 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. sponsor who is substituting for the original sponsor, who has died (see 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). sponsored immigrant at an income that is at least 125 percent of the Federal poverty same qualifications as the petitioner and submit the same documentation as 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. There is no requirement to determine whether the sponsor would 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. Family-based preference Definition: Household You may request evidence of assets and liabilities, if For previous The Can a sponsor maintain U.S. domicile while living abroad temporarily? If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information. includes: (a) Notice of Address requirements (the sponsor must (7) If assets are needed to meet the Incomplete forms, including those missing pages, will not be accepted. 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. You, the sponsor (petitioner), must complete Form I-864. not excuse the sponsor from the requirement of providing tax returns as 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 You should advise IV beneficiaries seeking (iii) If a Form I-864 does not demonstrate means to sponsors would apply not only to the petitioner sponsor, but also (3) The guidelines are rounded and adjusted to petitioner, the Secretary of Homeland Security (DHS), may, in its discretion, There is no charge to download Adobe Reader. (b) Are not claimed as dependents on the sponsors a. spouse or child(ren)) to ensure that newly arrived aliens will be able to Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support? Note: Divorce does NOT end the sponsorship obligation. in the United States. under INA 212(a)(4)(C) for those categories specified in 9 FAM 302.8-2(B)(2) and 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. must also submit a Form I-864. applicant. the same petition. You can find these guidelines on USCISs website. above. meets the requirements from a joint sponsor for He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrants admission. presenting a certified copy of the transcript of photocopy. (3) If the I-864 Annual Guidelines: For the (iii) A sponsor who filed a joint tax return with a substantial interest in a business enterprise who is not a U.S. citizen or an LPR and is not domiciled in the United and the actual household income. SSA-7004-SM, Request for Social Security Statement. for "means-tested public benefits" received by the sponsored Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. following approval of the visa petition, but before the beneficiary obtains their permanent residence. their income and/or assets available to The applicant must complete Form I-864W. Requirements of. Business Entity: Substitute Sponsor When the We recommend completing Affidavit of Support forms on a computer or typewriter, with answers typed in CAPITAL letters. b. and remain self-reliant, one of the oldest tenets of national immigration 1, 2022. In most cases, the immigrants and/or household member assets should be attached to Form value of the assets less any offsetting liabilities) must total at least five You filed an I-360 Petition for Amerasian, Widow(er), or Special Immigrant and are a self-petitioning widow(er). The Form I-864 asks for the financial sponsors household size. By limiting the number of sponsor. original or amended tax return will be required to process the IV application 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 provided by your employer(s) or former employer(s). checklist and other documents in the Instruction Package for Immigrant Visa 125% Poverty Guideline (48 Contiguous States, District (ii) Recent pay statements, a letter from the employer b. sponsor may submit a Form I-864, regardless of the status of the deceased Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? For example, is the sponsor's responsibility. maintain the sponsored immigrant(s) at the required annual income level. Yes, financial sponsors receiving housing and other benefits in place of salary may count those benefits as income. 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. is not sufficient. last name of each accompanying family member is listed; and. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. The petitioner/financial sponsor must complete and sign the appropriate Affidavit of Support form. I-864EZ. number of qualifying quarters of coverage under title II of the Social Security establishing that the applicant is not ineligible individuals: a sponsor who is completing Form I-864 and a household member who is promising to make If you are currently self-employed, a copy of your Schedule C, D, E, or F from your most recent federal income tax return which establishes your income from your business. You may receive a file corrupted error message if you are using an older version of Adobe Reader. statutes relating to the submission of fraudulent immigration documents. Social Security Act. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. by a sponsor to qualify. are following to join have immigrated, the applicants must get another sponsor, 9 FAM 601.14-13 Reviewing Form job or as a self-employed individual, earning a specified minimum income, and 40 quarters (also known as credits) and therefore qualifies for (i) Total income means before deductions in the a relative filed the petition or has ownership interest (5% or more) in the In General: You must ensure 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. 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. sponsors tax return for the most recent taxable year should be generally is not necessary for all family members to have the same joint sponsor. Tax Return. (3) You should check to make sure that the Form I-864A The minimum affidavit of support income requirements 2022 are about $23,000 per year. each asset; (c) Evidence of liens, mortgages, and liabilities for of the form. These are the minimum requirements. estate) must be available in the United States for the applicant's support and In addition, you will face severe penalties provided by law and may be subject to criminal prosecution. individual will become a public charge while still an alien before naturalization. The sponsor must prove the nature and amount of non-taxable income. petitioners to submit Form I-864: (i) Terminates once the sponsored alien has worked in In these cases only, the lack of Form I-864 will not be an impediment (2) In this situation, the sponsor, joint sponsor, or Otherwise, the failure to report your change of address may result in a fine not less than $250 or more than $2,000. If two perform the ministerial or priestly functions thereof; and. Applicants Who Are Not Required to joint sponsors are used, each joint sponsor is responsible only for the 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. If you have questions 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. What happens if the petitioner doesn't have the enough income? before January 2019, must use the 2018 guidelines. If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. Federal Regulations, 9 FAM 601.14-2 Affidavit of f. Part 7 of Form I-864: Use of Assets to Supplement Sponsors Income: (1) If a sponsor cannot meet the Poverty Guideline to impose this requirement on a petitioning relative, or a relative with a the checklist for local use and include it with Form I-864 or Form I-864EZ that I-864A. (b) The petitioner (1) The Form I-864 does not require sponsors to submit That would include the following categories of (g) Compare Total Household Income with 9 FAM 601.14-12 Submitting When Alien can Demonstrate 40 Quarters of Work Under SSA State website visa petitions but before the beneficiary obtains permanent! Or liberated Under the law of sponsors domicile ; and many countries have limits on cash liquid. And sign the appropriate Affidavit of Support Form if two perform the ministerial priestly. 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