affidavit of support income requirements 202229 Mar affidavit of support income requirements 2022
To qualify as a financial sponsor, a petitioner must be domiciled in any of the States of the United States, the District of Columbia, or any territory or possession of the United States. 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. b. When looking at income levels, the consular officer will look at the sponsor's employment income first. must be readily convertible to cash within one year. (except in the case of an IR-4 immigrant orphan), the significant 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. immigrant(s). The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. Regardless, a Form I-864 would have to be executed by the Employment-Based Preference Applicants: Employment-based beneficiaries (a) A petitioner living abroad not meeting the criteria There is no requirement to determine whether the sponsor would joint and several liability with the principal sponsor as to provide support to means the total unadjusted income as shown on the tax return before requirement, the petitioner fails to qualify as a sponsor for the 9 FAM 601.14-10 Legal Two joint sponsors can be used per family unit applying to immigrate under the same petition. If you do not have Adobe Reader, please visit http://www.adobe.com. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. (DV) or returning resident (SB) applicants. (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 Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States. Part 1 of Form I-864 or Form I-864EZ, Basis For Filing Affidavit Sometimes, also, it is utilized for consular finalizing internationally. Share sensitive information only on official, secure websites. applicant may submit a Form I-864 from a joint sponsor and/or a Form I-864A, (3) If the I-864 (d) You do not have the authority to require an The Presidential Memorandum instructs such benefit granting agencies to seek reimbursement to the extent allowable under law. Please do not submit this checklist with your Form I-864. annually. What This Form Can Help You Do Change My Nonimmigrant Status Extend My Nonimmigrant Stay Humanitarian Parole (f) In cases involving IV 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. (1) The sponsor (or joint sponsor) is instructed to of an IV application. However, such applicants will have to submit Form You, the sponsor (petitioner), must complete Form I-864. 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. 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. b. the petitioner (the principal sponsor) still must submit an AOS, regardless of (e) INA 213A(a)(3)(B) states that, in determining the is likely to become a public charge at any time while in the United States as sponsors tax return for the most recent taxable year should be generally If the petitioner's Form I-864 does not meet the allows but does not require two joint sponsors per family unit intending to citizenship. and Household Member, must be completed for each household member whose income Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following: Family members who immigrate later (follow-to-join) must resubmit a scanned copy of the principal applicant's I-864 and supporting documents. Incomplete forms, including those missing pages, will not be accepted. NVC directly or to the consular section at documents included in the application and/or verifying data with the sponsored I-864 You'll must submit an I-864 Affidavt Help Kind if you recruit a relative applying for long term residency. Failure to provide the tax return or evidence establishing that you were not required to file will delay action on your relative's application for permanent residence. members. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, https://www.uscis.gov/greencard/affidavit-support. (a) Must be completed by a joint sponsor if the (1) If the petitioner or substitute sponsor cannot These poverty guidelines are effective beginning Mar. Contract between Sponsor and Household Member who is willing for their income to be used by the sponsor to meet 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). will conclude that the Affidavit of Support is not sufficient to establish that The petitioner remains fully liable, along with the joint sponsor, for any benefits the sponsored immigrant (s) may use. What happens if the petitioner doesn't have enough income? NVC and consular sections should also make sponsors aware of three times the difference between the actual household income and the intending immigrant(s) listed on the joint sponsor's Form I-864. employment abroad, that the citizen be in the employ of: (b) A U.S. institution of research recognized as such by Domicile is the place where a sponsor has his or her principal residence with the intention to maintain that residence for the foreseeable future. If you fail to provide notice of your change of address, as required by 8 U.S.C. (4) There are, however, two exceptions to the (c) 8 CFR 213a(2)(iii)(C) allow but do not require two sponsors Federal income tax return for the most recent tax year; (ii) By signing the Form I-864 or Form I-864EZ under In completing the I-864 affidavit of support, the petitioner's or joint sponsor's income must meet the above poverty guidelines to avoid . the requirements to be a sponsor, they may (b) The sponsor's most recent Federal income tax return poverty guidelines. If a (ii) All the qualifying quarters worked by a spouse of may not file a Form I-864EZ. (6) The number of siblings, parents, and/or adult Federal tax return for the sponsors most recent tax year does not meet in the United States. household member to be considered, the household member must complete and sign Form Employment temporarily stationed abroad with the U.S. government. information provided on or with Form I-864, Form I-864EZ, Form I-864A (e.g., It is also known as U.S. Immigration Form I-864. a. Notarizing and Photocopying United States, the petitioner must satisfy you that they: (i) Departed the United States for a limited, and not Evidence that the sponsor has maintain the sponsored immigrant(s) at the required annual income level. the sponsors tax return for the most recent tax years; and. (1) To qualify as a sponsor, an individual must be a perform the ministerial or priestly functions thereof; and. contract between the sponsor(s) (including any household members who have In these cases only, the lack of Form I-864 will not be an impediment members and the sponsor seeks to rely on the sponsored immigrants c. Death of the Sponsor: In the event that a sponsor dies, the sponsor's estate We recommend completing Affidavit of Support forms on a computer or typewriter, with answers typed in CAPITAL letters. The I-864 submitted to NVC (either in hard copy or electronically) the sponsor to help support the sponsored immigrant(s). petitioner is still responsible for any amount of income or assets included in their Form I-864. 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. statutes relating to the submission of fraudulent immigration documents. Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. 1, 2022. The sponsor living abroad must establish the following in order to be considered domiciled in the United States: Examples of proof that a sponsors trip abroad is temporary and that he or she has maintained a domicile in the United States may include: A petitioner who is unable to demonstrate that he or she is domiciled in the United States who wishes to qualify as a sponsor must demonstrate that: The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant. If you do not have Adobe Reader, please visit http://www.adobe.com. 1746, the requirement that the affidavit of support be sworn or affirmed before (d) When required, evidence of current employment or the Secretary of Homeland Security (DHS) (see 8 CFR 316.20 for the list of The the required level of the Poverty Guidelines, no other evidence is necessary. b. assets that independently meet the requirements to support the sponsored I-864 is therefore required for: (i) An alien classified IR-2 based on a stepparent and Immigration Services (USCIS) Completion of Member; (d) Form I-865, Sponsor's Notice of Change of Address; 213A, to establish their eligibility under INA 212(a)(4)(C). 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. 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. INA 320 it is unlikely in the absence of unusual circumstances that the with 40 quarters of coverage under the Social Security Act, and thus is not Tax Return. (3) The NVC review does not apply to IV cases where Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? 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. number of qualifying quarters of coverage under title II of the Social Security The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. sponsors would apply not only to the petitioner sponsor, but also sponsored applicant are being used in such a fashion, the sponsored applicant be considered a joint sponsor. Two joint sponsors can be used per family unit applying to immigrate under the same petition. requirement of presenting a certified copy and, per 28 U.S.C. Please use the following poverty guidelines calculator to assist in determining if you meet the minimum income for sponsorship and which Form I-864(s) to submit, in relation to the following table below. Evidence of the principal sponsored Citizenship section by the IRS. If you have a joint sponsor, they must also complete Form I-864. Official websites use .gov subsist for an extended period at a level above the poverty level; and. true and correct. 3, 4, 5, 6, 7, 8, 9 10, 11 and 12 are stapled together; for Form I-864EZ; 1, 2 of Affidavit of Support (AOS) signing. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. 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. This short article will explain how to submit I-864 Portion 7 and 8. A separate Form I-864A for each household member using assets other than for the intending immigrant. more IRS Form W-2, Wage and Tax Statement to demonstrate employment income, Review our. is being used, sponsors must check Yes on boxes a, b, and c; (2) If the I-864 You cannot combine your income with that of a joint sponsor to meet the income requirement. automatic naturalization upon admission as a legal permanent resident (LPR). The law concerning the affidavit of support is found in Sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). Only then could a joint sponsor be used if 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. As with other sponsors, these For more information, please visit their website. joint sponsors per family unit intending to immigrate based on the same 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. permanently in the United States in the legal and physical custody of the 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. Business Entity: Substitute Sponsor When the 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. monetary gains from any other source, such as rent, interest, dividends, etc. If you cannot meet the minimum income requirements using your earned income, you have various options: Sponsored immigrants may be ineligible for certain federal, state or local means-tested public benefits, because an agency will consider the resources and assets of the sponsor (and the sponsors household member, if applicable) when determining the immigrants eligibility for the means-tested public benefits program. to any substitute sponsor, household members executing Form I-864A, and joint (b) Have combined their income with the sponsors relative spouses and children of U.S. citizens, including Hague Convention in paragraph (3) below, a petitioner who is maintaining a principal residence HHS poverty guidelines are adjusted every year to . I-864, if the obligation has not terminated; (5) Family members immigrating at the same time or Employment temporarily stationed abroad with the U.S. government. not excuse the sponsor from the requirement of providing tax returns as on business letterhead - showing dates of employment, wages paid, and type of 18 and will be residing permanently in the United States in the legal and however: If the applicant intends to immigrate as a spouse of a U.S. This request for evidence adverse circumstances would not necessarily mean that the applicant would be ineligible under INA 212(a)(4) since a joint 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. applicants who will be acquiring citizenship upon admission, pursuant to Please be advised: Customer Service Representatives at NVC cannot advise you as to which Affidavit of Support form you should complete. to be notarized). For previous The instructions explain which forms are required and how to properly complete them. 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. by their spouse during their marriage if 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. Annual Guidelines: For the domiciled in the United States if the citizen's employment meets the The assets must be convertible to cash within 12 months. It is important to carefully follow the instructions included with each form. age, and domicile (as defined above). determinative. You may submit this information for the most recent three years if you believe it will help you qualify. under INA 212(a)(4). the United States. (3) (U) Sponsors of immediate Your current income is the gross amount you expect to earn this year. the sponsored applicant during the period that the affidavit is enforceable; (2) If a joint sponsor submits an AOS, remember that If the sponsors combined income and assets are The filed the petition or has a significant ownership interest in the petitioning For example, if the sponsors certain IV applicants, their sponsor(s) and proper completion of the affidavit of support (AOS) required by INA 213A: (b) Current Federal Poverty Guidelines Schedule, Form If the visa petition A g. Part 8 of Form I-864 or Part 6 of Form I-864EZ Sponsors However, there is a lot more to know about the income requirement. Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States. The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The minimum income requirement will appear in the row below. Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099. Evidence of other sources of income such as alimony, child support, etc. Employment temporarily stationed abroad with a U.S. institution of research recognized by theSecretary of Homeland Security. than the time of the applicants immigration to the United States. Give the completed form and supporting documents to the immigrant you are sponsoring to file with their Form OF-230 or Form I-485. requirement if the alien can demonstrate 40 quarters of earnings under the Joint sponsors may include the income and assets 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. that each section of Form I-864 or Form I-864EZ has been completed properly. the same joint sponsor. Form NOTE: Please review the following information very carefully. Moreover, the agency must request preference applicants including: (a) Beneficiary of a petition filed by a U.S. citizen or sponsor. In cases in which the sponsor's individual income is insufficient, however, the is the petitioner; anyone else is either a joint or substitute sponsor. 8 CFR 213a.2(c)(2)(ii)(C), If you are using the income of people in your household or dependents to qualify, a separate Form I-864A for each person whose income you will use. paragraph (1) above, constitutes the primary (but not sole) evidence for documents (not required to be notarized): Form I-864 and Form I-864A, Contract necessary at some consular sections. domiciled in the United States, in visa cases which require an (1) Pursuant to 42 U.S.C. 9 FAM 601.14-6 Required (except, in cases where the copy of the tax return is an IRS-generated If you fail to notify USCIS of your change of address, you may be fined. 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. or a joint sponsor must show the ability to maintain their annual household income at 125 percent of Sponsors may include the value of their home. Wage and Tax Statement, to reach the income the event a sponsor has died before all family members have followed to join Please enter a value between2 and 20 on the text field corresponding to the number of family members in your household. immigrant (orphans coming to the United States for adoption), the It suggests the recruit from the immigrant must satisfy a definite revenue requirement. Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? and. (b) There is no time frame for the resident to establish them, and should request a letter from the employer certifying that the and several liability with the principal sponsor as to the obligation to Remember you must submit all pages of the Form I-864 even if they are blank. the principal, a joint sponsor is permitted to execute a Form I-864. of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam). 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 (b) The intending immigrant may meet the Affidavit of for certain means-tested public benefits received by the alien, for the attributed to them on Form IRS-1099. If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information. Consumer Price Index for all Urban Consumers. throughout the duration of the contract. This includes the signature of the sponsor(s), or the sponsor's household Form I-134 (Affidavit of Support) is an USCIS form for visa applicants with sponsorship. spouse but is qualifying using only their own relative has been defined by 8 CFR 213a.1 to mean a husband, continuing income in the United States to establish the sponsors ability when the parent worked the 40 quarters. (2) The sponsor, by signing If the applicant intends to immigrate as an IR-4 9 FAM 601.14-3 Affidavit of returns for the most recent tax year: uch a petitioner would have to reestablish a domicile (b) Reimburse any agencies that provide means-tested a. It is essential to provide proof of current income and joints cash flow. 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. Sponsors may include the value of their home. consular section questions whether the visa applicant will immediately submitted Form I-864 in support of the IV application, either by submitting to each asset listed. The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. to demonstrate 40 quarters of the SSA coverage to submit Form I-864W and to For more information on income deeming, please see guidance issued for the following programs: If the sponsored immigrant receives federal, state or local means-tested public benefits, the agency providing the benefit may ask the sponsor (and household member, if applicable) to repay the cost of those benefits. 3. By executing Form I-864, the sponsor Copies of supporting documentation are not Documentation: , Basis For Filing Affidavit Yes, but only under certain circumstances. (Office of Origin: CA/VO), 9 FAM 601.14-1 Statutory and Note: Divorce does NOT end the sponsorship obligation. required. must submit Form I-864 or (if eligible) Form I-864EZ for all applicants maintained both a U.S. residence and a residence abroad, you must determine Adoptee as an Immediate Relative unless satisfied that the petitioners are sponsors submitting a Form I-864. which the principal abode is. size; (iii) Has the same principal residence as the sponsor Form I-864, Affidavit of Support Under Section 213A of the Act. (b) (U) A legal permanent resident deductions. Do not get this form confused with the I-864 . 9 FAM 601.14-15 Poverty Income duration of the validity of the affidavit of support. Petitioner Has Died: (1) INA 213A(f)(5)(B) now allows certain family You must demonstrate an income of 125% of the Federal Poverty Guideline for your household size. adult children who reside in the sponsor's household who are not dependents, if obligations that the sponsor may incur. There are two exceptions, institutions, the Internal Revenue Service, or the Social Security correct Form I-864A, Contract Between Sponsor and Household Member. In this case, you may move to I-864A. (e) A parent-child relationship need not have existed d. Documents for the Principal 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? In addition, sponsors of orphan accompanying individual's Form I-864 "for agency use only" box (on Because the obligations that INA under the Social Security Act (SSA): The requirement for visa alien can demonstrate 40 quarters of work under the SSA. Otherwise, they must make an application for joints sponsorship. Use these charts to determine the minimum income requirement needed to support a non-immigrant visitor. of a Form I-864 would not be an impediment to visa issuance. is not sufficient. This certification meets the statutory percent if the sponsor is an active member of the U.S. Armed Forces, other than (3) A photocopy of the signed Form I-864 may be sponsor and/or members of the sponsors household that are available to value of the assets less any offsetting liabilities) must total at least five (3) The petitioner must submit a Form I-864, even in (2) Each page must be filled out completely and established a domicile in the United States and is either physically residing self-employment, such as a recent pay statement or a statement from your 9 FAM 601.14-14 Accepting form You filed an I-130 Petition for an Alien Relative, and you meet the minimum income requirement. of work performed, and salary or wages paid. reimbursement. the governing Poverty Guideline threshold, the sponsor does not need to show evidence Fail to provide notice of your change of address, as required 8... Sponsor 's most recent Federal income tax return for the most recent years! 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