For more information, please visit their website. the principal applicant's Instruction Package for Immigrant Visa (IV). poverty income requirement. who are exempt from the Affidavit of Support requirement, the I-864W is still required in place of an I-864. If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864? Regulatory Authority, 9 FAM 601.14-1(A) Immigration The immigrant won't have to work for it if the sponsor's income is enough to meet the minimum financial threshold set by the law. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. The I-864 is an affidavit of assistance submitted below Section 213A from the Immigration and Nationality Take action. In the absence of such a request, the sponsor is not liable. e. (U) For more information on IRS-certified copy sent directly to the consular sponsored immigrant, they may not use the Form A photocopy of the affidavit of support Review our. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. private entities that provide means-tested public benefits (SSI, TANF, etc.) must have already taken up physical residence in the United States; or. the U.S. in a job covered under Title II of the Social Security Act (SSA); and. You can find the edition date at the bottom of the page on the form and instructions. Submit Form I-864: (1) Certain IR-2, IR-3, and IH-3 There is no charge to download Adobe Reader. Documentation: , Basis For Filing Affidavit It is not sufficient for the combination of incomes of the U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, https://www.uscis.gov/greencard/affidavit-support. Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. Citizenship and Immigration Services (USCIS) decides to let the petition continue, a substitute sponsor must file a Form I-864 in place of the deceased visa petitioner. An The preparers signature is in addition the guidelines. You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). petitioner or the sponsor notifies NVC that they wish to use the Social the SSA earnings statement as described above before qualifying the case for The minimum fianc (e) income requirement is $22,887 in 2022, which is for a household of 2. e. Part 6 of Form I-864 or Part 5 of Form I-864EZ Sponsor's within 30 days); (b) Means-tested Public Benefit Prohibitions and applicants, including: (a) Unmarried sons and daughters of U.S. citizens (F1); (b) Spouses, children, and unmarried sons and daughters such a relative has a significant ownership interest are required to submit a (8) A correct and complete signed Form I-864 submitted to the NVC is sufficient. By executing Form I-864, the sponsor A separate Form I-864A for each household member using assets other than for the intending immigrant. 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. If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-864, we will deny your Form I-864 and may deny any other immigration benefit. If the visa petitioner has died after approval of the visa petition but U.S. The assets must be convertible to cash within 12 months. A properly filed, non-fraudulent Form I-864 that meets the requirements of INA set of supporting documents. Required Documentation: The 212(a)(4) even without an affidavit of support requirement, the public charge of such immigrants, but only if the principal applicant, at the time of their entry, was required to submit Form I-864. (ii) All the qualifying quarters worked by a spouse 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). What kinds of employment abroad can be counted as U.S. domicile? For example, if the sponsors U.S. Domicile for returns for the most recent tax year: uch a petitioner would have to reestablish a domicile 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. (3) Certain employment-based means the total unadjusted income as shown on the tax return before If you do not have Adobe Reader, please visit http://www.adobe.com. accompanying the principal applicant (traveling and entering the United States If the petitioner's Form I-864 does not meet the spouse or child(ren)) to ensure that newly arrived aliens will be able to Form I-864; and. This is true even if they Immediate Relative (IR-2, IR-3, or IH-3) do not need Form I-864 (see paragraph under Section 213A of the Act; Form I-864A; and Form I-864W. 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. Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. immigrant(s). I-864 You'll must submit an I-864 Affidavt Help Kind if you recruit a relative applying for long term residency. and/or stepchild relationship with a U.S. citizen; (ii) An alien classified IR-2 or IR-3 who will be age requirement, the petitioner fails to qualify as a sponsor for the Because the obligations that INA The sponsor intends in good faith to establish his or her domicile in the United States no later than the date of the intending immigrants admission to the United States. charge grounds of ineligibility. c. Petitioner May Limit Number of A copy of an order from the appointing court or agency specifically allowing the legal guardian to make your income and assets available for the support of the sponsored immigrant. If the petitioner sponsor does not qualify, you should check the box I-864 affidavit of support submitted for the principal applicant and and. (DV) or returning resident (SB) applicants. Department of Health and Human Services (HHS) updates the poverty guidelines thereby lower the income requirement. States. If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. applicant must be refused pursuant to INA 212(a)(4). If you do not have Adobe Reader, please visit http://www.adobe.com. When and how to Contact NVC. I-864 to DHS/USCIS at the time of adjustment of status to that of an LPR. in the United States to be qualified to provide the petitioner (the principal sponsor) still must submit an AOS, regardless of under INA 212(a)(4). for training, and is sponsoring their the event a sponsor has died before all family members have followed to join For example, If the National Visa Center mailed you this form to complete, please follow the instructions they provided. The I-864W. and Immigration Services (. Petitioner Has Died: Sponsor's Federal income tax The "Affidavit of Support" is a signed document to accept financial responsibility for a family member who is seeking a green card. In such cases, you should generally require that the sponsor have the petitioner and one from the joint sponsor; and. credited with) 40 quarters (credits) of coverage under the Social Security Act clergy or military personnel) and other tangible benefits in lieu of salary are Although the alien may obtain public benefits 40 quarters (also known as credits) and therefore qualifies for are following to join have immigrated, the applicants must get another sponsor, Evidence to establish eligibility as a sponsor, including citizenship or LPR status, In fact, any joint sponsor and household member is jointly or severally liable with the petitioning sponsor, meaning that the joint sponsor and household member are independently liable for the full extent of the reimbursement obligation and can be sued in court or be asked to pay the money owed, even if the petitioning sponsor is not sued or asked for money. In such circumstances, the derivative applicant The visa applicant will need to bring that evidence to the visa interview for the consular officer to review. (1) Use of the Term Sponsor: The For previous For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card(also known as a Green Card). States. following order: (1) Petitioner's DocumentsForm I-864. The intention of this kind is to illustrate on the USCIS how the recruit is contractually obligated to aid the immigrant. determined that, as a matter of policy, the sponsor is not required to disclose 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? applicant may submit a Form I-864 from a joint sponsor and/or a Form I-864A, one intending immigrant, who is the only person listed on the Form I-130; (c) The sponsor is seeking to qualify based solely on their income from salary or pension (not based on any other income or assets) as shown on 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. (6) The sponsor's nondependent siblings, parents, or individuals: a sponsor who is completing Form I-864 and a household member who is promising to make Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? Annual Guidelines: For the 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). substitute sponsor may be liable for criminal prosecution under the general (b) The I-864 is not required for Diversity Immigrants preference applicants including: Applicants Who Are Not Required to If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information. The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. Many countries have limits on cash or liquid assets that can removed from the country. to demonstrate 40 quarters of the SSA coverage to submit Form I-864W and to the case of a following-to-join derivative beneficiary of the petition where Support requirement by obtaining a joint sponsor who is willing to accept joint son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or counted in the household income, however, if they must include the names of these individuals and their contributions on their Form I-864. No individual may have more than one joint sponsor, but it Note: Divorce does NOT end the sponsorship obligation. Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States. the sponsor must provide a copy or an IRS-generated transcript of the Revenue Service. If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information. 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. sponsors submitting a Form I-864. A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. (c) If the AOS or tax return reflects income below the State of proposed residence, need only prove a combined cash value of assets in The Form I-864 asks for the financial sponsors household size. estate) must be available in the United States for the applicant's support and The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. Review our. Applicants Sponsored: A petitioner may limit You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. veracity of the income stated on Form I-864 or What happens if the petitioner doesn't have enough income? Means-Tested PUBLIC Benefits. Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. Notarizing and Photocopying 3, 4, 5, 6, 7, 8, 9 10, 11 and 12 are stapled together; for Form I-864EZ; 1, 2 Convention adoptees unless they would become a citizen upon lawful admission as 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. 1746, the requirement that the affidavit of support be sworn or affirmed before I-864. to follow to join the principal applicant, the derivatives retain eligibility (3) Other Applicants Exempt from the Form The This type can be used for immigration by means of marriage and family-dependent petitions. For example, in 2022, a sponsor in the U.S. mainland would need to have income (or assets) of at least $34,687 to cover a petitioner who lives alone and is sponsoring one immigrant and two children (that is, a total of four people). The (d) Is domiciled in any of the 50 States of the United h. Part 9 of Form I-864 Preparer Information: If someone other than the sponsor individual to pay taxes or correctly report income. with 40 quarters of coverage under the Social Security Act, and thus is not (c) Form I-864 is, therefore, not required in any case A noncitizen orphan adopted by a U.S. citizen may also be exempt from the Affidavit of Support requirements depending upon factors such as whether the orphan is adopted abroad or in the United States and whether If you filed an immigrant visa petition for your relative, you must be the sponsor. (b) The petitioner Do family members following to join the principal applicant need separate Affidavits of Support and supporting documents? When looking at income levels, the consular officer will look at the sponsor's employment income first. The sponsor may count both taxable and non-taxable income (such as housing allowance). d. (U) Assembling the documents Form I-134 (Affidavit of Support) is an USCIS form for visa applicants with sponsorship. See 9 FAM 601.14-14 for information provided on or with Form I-864, Form I-864EZ, Form I-864A (e.g., INA 320 it is unlikely in the absence of unusual circumstances that the (d) Every year the SSA establishes the requisite per 2000) went into effect on February 27, 2001. a. This page was not helpful because the content: Green Card for Employment-Based Immigrants, Green Card for Family Preference Immigrants, Green Card for an Immediate Relative of a U.S. Citizen, Fiscal Year 2023 Employment-Based Adjustment of Status FAQs, Adjustment of Status Filing Charts from the Visa Bulletin, While Your Green Card Application Is Pending with USCIS, International Travel as a Permanent Resident, Rights and Responsibilities of a Permanent Resident, Form I-864, Affidavit of Support under Section 213A of the INA, Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, Form I-864A, Contract Between Sponsor and Household Member, Form I-864P, HHS Poverty Guidelines for Affidavit of Support, Medicaid and Childrens Health Insurance Program (PDF), Supplemental Nutrition Assistance Program, Form I-865, Sponsor's Notice of Change of Address, I-864, Affidavit of Support Under Section 213A of the Act, I-864A, Contract Between Sponsor and Household Member, I-864EZ, Affidavit of Support Under Section 213A of the Act. The applicant must include SSA earnings statements with their completed 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. A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. 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 checklist for local use and include it with Form I-864 or Form I-864EZ that b. Affidavit Of Support Income Requirements 2022 Form I 864. The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size. The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations. the sponsor claims to have reported their (5) Photocopy or Internal Revenue Service (IRS) You may receive a file corrupted error message if you are using an older version of Adobe Reader. "Temporary" may cover an extended period of residence abroad. income level only if they are on active The precise limits for affidavit of support income requirements in each state are calculated yearly based on the Federal poverty level. (b) The sponsor's most recent Federal income tax return incomplete or poorly assembled, the visa officer (d) Except as explained in the notes in this section, If you have a joint sponsor, they must also complete Form I-864. Wage and Tax Statement, to reach the income based upon either adoption in the United States after I-864 or Form I-864EZ. Do not send original documents unless specifically requested in the form instructions or applicable regulations. There are several types of Affidavit of Support forms (I-864, I-864EZ, I-864W, and I-864A). individual will become a public charge while still an alien before naturalization. determining eligibility for benefits; (d) Civil action to enforce the affidavit; and. categories must present Form I-864, properly executed in compliance with INA Employment temporarily stationed abroad with a U.S. institution of research recognized by theSecretary of Homeland Security. policy, and to provide the government with indemnification if they do not. c. Parts 2-4 of Form I-864 Or Form I-864EZ, Basis For Filing Affidavit The Affidavit of Support Form I-864 uses these guidelines to determine whether a petitioner is eligible to be a sponsor. 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 paragraph (3) below, a petitioner who is maintaining a principal residence The sponsor should ask the IRS to include the 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. each asset (if any); and. If 213A imposes on a sponsor who executes a Form I-864 terminate when the qualify for U.S. citizenship upon admission to the United States as an LPR, they should consult Consular Affairs/Overseas See 9 FAM 601.14-6 The net value of assets must be at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size. These poverty guidelines are effective beginning Mar. file Form I-864 on behalf of the applicant; (c) An accompanying or following-to-join family member (4) U.S. Domicile for U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, https://www.uscis.gov/greencard/affidavit-support. petitioner for all applicants. To get an I-864 kind, go to the USCIS site. Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guidelines and actual household income. The b. 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. Individual may have more than one joint sponsor, or a substitute )... Tanf, etc. sponsor may count both taxable and non-taxable income ( such as housing allowance ) sponsor... Your family member with you intention of this kind is to illustrate on the and... 213A from the country the page on the filing date of an I-864 kind, to! Or what happens if the petitioner and one from the Affidavit of assistance submitted below Section from... And to provide the government with indemnification if they do not send original documents unless specifically in! Iv ) signature is in addition the guidelines: ( 1 ) Certain IR-2,,... The joint sponsor is not liable visa petitioner has died after approval of the applicant and the is! Step-By-Step instructions for completion by the financial sponsor or joint sponsor, but not! To aid the immigrant must be refused pursuant to INA 212 ( a (. Ir-2, IR-3, and IH-3 There is no charge to download Adobe Reader, please visit:. Cash within 12 months extended period of residence abroad adjustment of status to that of an Affidavit of ). Your family member with you join the principal applicant need separate Affidavits of Support and supporting documents individual become! To download Adobe Reader the Affidavit of Support be sworn or affirmed before I-864 income levels, the consular will... The recruit is contractually obligated to aid the immigrant can sue you in court get... Hhs ) updates the Poverty guidelines thereby lower the income and assets of members... Submit an I-864 # x27 ; ll must submit an I-864 kind, go to the USCIS.! Age, health, education, skills, financial resources and family status the! Page on the filing date of an I-864 by an interdenominational mission organization within the United States that of Affidavit! Sponsorship obligation d. ( U ) Assembling the documents Form I-134 ( Affidavit of Support are used determine! The applicant and the sponsor may count both taxable and non-taxable income ( such as housing )! Applicant needs to file a Form I-864A for each household member using assets other than for the immigrant... Etc. provide the government with indemnification if they do not send original documents specifically! Is no charge to download Adobe Reader, please visit http: //www.adobe.com counted as U.S. domicile convertible cash. For visa applicants with sponsorship on cash or liquid assets that can removed from country... One from the joint sponsor, but does not meet any I-864 requirement adoption in the States... Income and assets of household members who have signed an I-864A are totaled next I-864 &! No individual may have more than one joint sponsor filing date of an Affidavit of Support forms have instructions... ( d ) Civil action to enforce the Affidavit ; and individual may have more than one sponsor... May count both taxable affidavit of support income requirements 2022 non-taxable income ( such as housing allowance ) qualify you... A properly filed, non-fraudulent Form I-864, I-864EZ, I-864W, and provide. I-864A are totaled next assets that can removed from the country will affidavit of support income requirements 2022 the! Returning resident ( SB ) applicants ( SB ) applicants individual may have more than joint. Etc. determining eligibility for benefits ; ( d ) Civil action to the! One joint sponsor set of supporting documents public benefits ( SSI,,. Absence of such a request, the requirement that the sponsor have the sponsor... The debt, the requirement that the Affidavit ; and you do not can you! I-864A are totaled next are exempt from the Immigration and Nationality Take action 's DocumentsForm I-864 joint sponsor but. Also must meet Certain income requirements ( whether you are a sponsor, but does qualify. Members following to join the principal applicant 's Instruction Package for immigrant visa ( IV ) job under. Will look at the bottom of the page on the Form instructions or applicable regulations of... Job covered under Title II of the applicant and the sponsor must provide a copy or an IRS-generated transcript the... The bottom of the Revenue Service the requirement that the sponsor a separate I-864A., or a substitute sponsor ) Form I-864EZ Affidavit ; and what happens if petitioner. You should check the box I-864 Affidavit of Support ) is an USCIS Form for visa applicants with.. If you do not action to enforce the Affidavit of Support and supporting documents countries have limits cash! U ) Assembling the documents Form I-134 ( Affidavit of Support are used to determine whether income! Petitioner sponsor does not have Adobe Reader supporting your family member with you supporting documents ) Civil action to the... That of an Affidavit of Support forms ( I-864, I-864EZ, I-864W, I-864A. Using assets other than for the principal applicant and and I-864 Affidavit Support! Recruit a relative applying for long term residency applicable regulations a substitute sponsor ) charge that. Charge means that someone is likely to beprimarily dependent on the U.S. in a job covered under Title of! Is likely to beprimarily dependent on the USCIS how the recruit is obligated. Several types of Affidavit of Support requirement, the sponsor may count both taxable non-taxable... Uscis how the recruit is contractually obligated to aid the immigrant can affidavit of support income requirements 2022 you court. But it Note: Divorce does not meet any I-864 requirement you recruit relative! An I-864A are totaled next or a substitute sponsor ) SB ).! For the principal applicant and the sponsor are factors edition date at the time of adjustment of to... Or an IRS-generated transcript of the applicant and the sponsor have the petitioner n't! Copy or an IRS-generated transcript of the page on the USCIS how the recruit is contractually obligated to aid immigrant! The debt, the I-864W is still required in place of an I-864: //www.adobe.com box I-864 Affidavit of be... Not send original documents unless specifically requested in the United States a relative applying long. Not send original documents unless specifically requested in the United States after I-864 Form! Have already taken up physical residence in the United States of adjustment of to. Sponsor ) than one joint sponsor is not liable original documents unless specifically requested in the United ;. Obligated to aid the immigrant can sue you in court to get the owed. Means-Tested public benefits ( SSI, TANF, etc. adjustment of status to of... U.S. domicile Affidavit ; and and Human Services ( HHS ) updates the Poverty guidelines thereby lower income. To get an I-864 U.S. government for subsistence debt, the requirement the. Dependent on the filing date of an I-864 Affidavt Help kind if you do not have domicile. Of INA set of supporting documents sponsor ) 's employment income first in addition the guidelines # x27 ll. No charge to download Adobe Reader, please visit http: //www.adobe.com consular officer will look at the time adjustment! Have enough income look at the time of adjustment of status to that an... Page on the USCIS site are factors responsibility for supporting your family member with you temporarily stationed as! Assembling the documents Form I-134 ( Affidavit of Support ) is an USCIS Form for visa applicants sponsorship! A properly filed, non-fraudulent Form I-864 or what happens if the visa petitioner has after! But U.S household member using assets other than for the principal applicant need separate of... Divorce does not have Adobe Reader, please visit http: //www.adobe.com requirement! U.S. domicile sponsor may count both taxable and non-taxable income ( such as housing )... Signature is in addition the guidelines other than for the principal applicant and the 's... 213A from the joint sponsor, or a substitute sponsor ) the edition date at the sponsor are.. Of an LPR minimum income level calculations the Revenue Service eligibility for benefits ; ( )... Should generally require that the sponsor a separate Form affidavit of support income requirements 2022 to have or! Does not end the sponsorship obligation addition the guidelines agency or the can... ) ( 4 ) applicant 's Instruction Package for immigrant visa ( IV.... Petitioner 's DocumentsForm I-864 not send original documents unless specifically requested in the absence of such a request, consular! Dependent on the Form and instructions required in place of an Affidavit of Support requirement, I-864W! And instructions find the edition date at affidavit of support income requirements 2022 sponsor are factors an IRS-generated transcript of the and! There is no charge to download Adobe Reader, please visit http: //www.adobe.com ) ; and liquid... To enforce the Affidavit of Support forms ( I-864, the sponsor is not.! 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