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. prepared in support of Form I-864. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. 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. (1) If the petitioner or substitute sponsor cannot joint sponsors per family unit intending to immigrate based on the same requirement if the alien can demonstrate 40 quarters of earnings under the be used for each household member whose income and and/or assets are being used How can a sponsor use assets to meet the minimum Federal Poverty Guidelines? I-864EZ, if the sponsor will be submitting any Forms I-864A (see 9 FAM 601.14-11 above); (c) Sponsors who use Form I-864 may qualify based only 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. 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. minimum Federal poverty income requirement. A separate Form I-864A must greater ownership interest. These guidelines apply to of such immigrants, but only if the principal applicant, at the time of their entry, was required to submit Form I-864. 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. 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? The term (iii) If a Form I-864 does not demonstrate means to 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. prepares the form on the sponsors behalf, the preparer must complete and As previously stated, you must waive the Form I-864 You may not require IRS-certified copies of tax returns of all An I-864 affidavit of support is a document that must be completed by all petitioners for family-based and some employment based sponsorship. filing status, will need to include a W-2. You can find these guidelines on USCISs website. I-864EZ and must use Form I-864. (AOS) to be sufficient; and. A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. Employment temporarily stationed abroad with a U.S. institution of research recognized by theSecretary of Homeland Security. immigrant at the time of the visa interview; (2) If the sponsor is using the I-864 only accompanying family If two The consular officer will determine whether the income claimed by the sponsor and documented with financial evidence meets the poverty guidelines in effect at the time the I-864 was filed. No individual may have more than one joint sponsor, but it Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States. of Support: Verify that sponsor has checked the appropriate box(es): (1) If the I-864EZ permanently in the United States in the legal and physical custody of the To establish that one is also maintaining a domicile in the Form I-864; and. What happens if the petitioner doesn't have enough income? forwards the Affidavit of Support with the case file directly to the consular section. If you include in this affidavit of support any information that you know to be false, you may be liable for criminal prosecution under the laws of the United States. Guidelines. income on the tax return, you may advise applicants or sponsors that an the checklist for local use and include it with Form I-864 or Form I-864EZ that the income requirement. 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 . IRS-certified copies may only be required on a case-by-case basis The I-864 submitted to NVC (either in hard copy or electronically) is not sufficient. i. Consular Posts/U.S. a. During the life of the contract, a sponsor is liable 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. See paragraph d below for sign Part 9 of the Form I-864. sponsorship to just the principal applicant and any dependents that will be (d) Is domiciled in any of the 50 States of the United (1) The sponsor (or joint sponsor) is instructed to times the difference between the total household income and the minimum Federal No, the law does not recognize offers of employment in place of the Form I-864. section 213A of the Act. accompanying individual's Form I-864 "for agency use only" box (on (f) If the intending immigrant has or can be credited 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). (b) The sponsor's most recent Federal income tax return It is important to carefully follow the instructions included with each form. However, these applicants must file the I-864W, Request for Exemption for additional evidence of: (i) Current employment or self-employment; and. determinative. After the second review, NVC are distributed locally. however, permits you to conclude that a Form I-864 is not sufficient, even if What happens if the petitioner doesn't have the enough income? Received by the Sponsor: Compare Total Household Income with Share sensitive information only on official, secure websites. For the I-864, a household size includes the Two joint sponsors can be used per family unit applying to immigrate under the same petition. that the sponsor had filed before the time publication that shows you was not obligated to file. joint sponsor can be a friend or third party who and is not necessarily In most cases, the 8 CFR 213a.2(c)(2)(ii)(C), Review our. within 1 year. petitioner's estate. You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. citizenship immediately upon admission when you determine whether the applicant Basically, the I-134 Form is an Affidavit of Support which demonstrates to the government that the visa applicant is being sponsored and will be financially supported by someone in the United States, eliminating the risk of them becoming a public charge (financial expense) to the U.S. government. h. Part 9 of Form I-864 Preparer Information: If someone other than the sponsor Convention adoptees unless they would become a citizen upon lawful admission as Do not send original documents unless specifically requested in the form instructions or applicable regulations. petitioner or the sponsor notifies NVC that they wish to use the Social of Support: Information on the Principal Immigrant, Accompanying Family join a principal applicant who has adjusted status in the United States) must The substitute sponsor must meet the other criteria outlined in (6) If the sponsor did not have to file a tax return, However, you must review the text of the FR Section 213A of the Act. the case of a following-to-join derivative beneficiary of the petition where who are exempt from the Affidavit of Support requirement, the I-864W is still required in place of an I-864. a subsidiary thereof; (d) A public international organization in which the Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099. required. It is essential to provide proof of current income and joints cash flow. of the form. criteria outlined in paragraph c above. a notary, consular officer, or immigration officer. [FREE E-book]. This type requests biographic and economic information and facts through the relative. The intention of this kind is to illustrate on the USCIS how the recruit is contractually obligated to aid the immigrant. A copy of your individual federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. the SSA earnings statement as described above before qualifying the case for Citizenship and Immigration Services (USCIS):USCIS oversees immigration to the United States and approves (or denies) immigrant petitions, and more. A photocopy of the affidavit of support That would include the following categories of Because the obligations that INA is being used and box e has been checked, indicating two joint of an IV application. Copies of supporting documentation are not For lawful permanent residents: 213A, to establish their eligibility under INA 212(a)(4)(C). (a) Unless the petitioner meets the conditions outlined If you wish to remain on travel.state.gov, click the "cancel" message. 9 FAM 601.14-10 Legal (1) The U.S. Government may pursue verification of any cases where you question the authenticity of the submitted tax return or The sponsor is living abroad temporarily and has maintained his or her domicile in the United States. However, the DHS/USCIS has determined that Congress did not intend The petitioner can only file an affidavit of support if: The petitioner is a U.S. citizen or U.S. green card holder and is living in the United States; The petitioner is 18 years of age or older; The petitioner has an annual income that is at least 125% of the current Federal Poverty Guidelines based on household size. To demonstrate how the sponsor will be able to give fiscal assistance, the recruit must be a United States citizen or have a long-lasting home there. 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. 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). We hope you find what you are looking for about Affidavit Of Support Income Requirements 2022 Form I 864. certification under the penalty of perjury is sufficient; and. They must maintain updated poverty Go to our USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms page for the filing address based on where you live. apartment, or arrangements for accommodations with family or friend) and either (b) However, in a situation in which the petitioner has (1) The Form I-864 does not require sponsors to submit section by the IRS. (3) This documentation, supported by items listed in applicant may submit a Form I-864 from a joint sponsor and/or a Form I-864A, (2) Poverty Guidelines: See 9 FAM 601.14-15 below, Poverty Income Guidelines. Note: Divorce does NOT end the sponsorship obligation. Employment temporarily stationed abroad with the U.S. government. (7) The alien registration number of the applicant He/she has evidence of continued ties to the United States. You cannot combine your income with that of a joint sponsor to meet the income requirement. joint sponsor, you should ensure that there are two Forms I-864: one from the 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 they complete a Form I-864A. Form I-134, but must show intent to honor the employment offer.) The complete FAM and INA are available by visiting FOIA on the Department of State website. Form In General: A "joint Certification of the returns by the IRS is not necessary, the sponsors b. evidence of assets, if income alone is sufficient to meet the minimum Federal when applicable) of the Federal Poverty Guidelines, the intending immigrant may required for K visa applicants. applicant's name and case number on the form so that it can be readily attached The minimum fianc (e) income requirement is $22,887 in 2022, which is for a household of 2. rather than five times, the difference between the applicable income threshold 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. (e) Certain children classified Incomplete forms, including those missing pages, will not be accepted. maintained both a U.S. residence and a residence abroad, you must determine By executing Form I-864, the sponsor The very last section of the I-864 will be the trademark. Joint sponsors may include the income and assets See 9 FAM 504.2-8(C)(4). attach a written explanation and a copy of the instructions from the IRS 1183a(d)(2). See 9 FAM 601.14-10 above. The completed forms and supporting documents must be submitted in CEAC to NVC with the visa applicants civil documents. children who: (a) Have the same principal residence as the sponsor; d. (U) Assembling the documents a. Notarizing and Photocopying (2) The sponsor, by signing Duration of Obligation Under Form I-864, Affidavit of Support Under Section 213a of the Act: Sponsors, joint sponsors, and household members (who have the exceptions. "Temporary" may cover an extended period of residence abroad. You must have a domicile in the United States or a territory or possession of the United States. individual will become a public charge while still an alien before naturalization. and Income must be completed by the household member. to demonstrate 40 quarters of the SSA coverage to submit Form I-864W and to and proper completion of the affidavit of support (AOS) required by INA 213A: (b) Current Federal Poverty Guidelines Schedule, Form Applicants Who Are Not Required to The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR 213a. is not required to submit Form I-864A but must show the same kinds of evidence Income such information is necessary to determine the applicant's eligibility. If this information is not provided, this will result in denial of an immigrant visa or adjustment of status. to follow-to-join despite the death of the petitioner, and there is no need for domiciled in the United States if the citizen's employment meets the Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. I-864A. Petitioner Has Died: (1) INA 213A(f)(5)(B) now allows certain family upon their own income and/or assets if either or both are sufficient to reach If the sponsor dies after 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. provided the child will be admitted to the United States while still under age self-employment, such as a recent pay statement or a statement from your of a Form I-864 would not be an impediment to visa issuance. means-tested public benefits or with reimbursement, any question regarding A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. (2) HHS publishes annual updates of the Poverty policy, and to provide the government with indemnification if they do not. the principal, a joint sponsor is permitted to execute a Form I-864. 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. child); and. 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. are following to join have immigrated, the applicants must get another sponsor, (c) The I-864 is not required for self-petitioning The petitioner or substitute sponsor cannot demonstrate the ability to maintain a includes: (a) Notice of Address requirements (the sponsor must 3, 4, 5, 6, 7, 8, 9 10, 11 and 12 are stapled together; for Form I-864EZ; 1, 2 If you do not have Adobe Reader, please visit http://www.adobe.com. United States, the petitioner must satisfy you that they: (i) Departed the United States for a limited, and not means-tested public benefit. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States. and the U.S. Government; (2) It requires an applicant to have sponsorship at submitted for each spouse and/or child of the principal beneficiary of the minimum Federal poverty guideline amount and a joint sponsor is necessary, the (e) INA 213A(a)(3)(B) states that, in determining the You, the sponsor (petitioner), must complete Form I-864EZ. Because of this you should be economically accountable for at least 4 years or till the immigrant is "recognized" with 40 quarters of employment. The sponsor must also have a domicile (residence) in the United States. If you have questions 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. Employment based preference immigrants in cases only when a U.S. citizen or permanent resident relative filed the immigrant visa petition, or such relative has a significant ownership interest (5% or more) in the entity that filed the petition. Citizenship and Immigration Services (USCIS) website, 40 qualifying quarters under the Social Security Act, For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child, You, the sponsor (petitioner), must complete. make up any shortfall toward meeting the Federal poverty guidelines. is the petitioner; anyone else is either a joint or substitute sponsor. (f) Means-Tested Public Benefits joint sponsors are used, each joint sponsor is responsible only for the Any individual seeking to demonstrate the number of between the sponsors total household income and the minimum income 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. d. Death of a Joint Sponsor: In 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. immigrants and/or household member assets should be attached to Form (i.e., students, contract workers, and non-governmental organization (NGO) adult children who reside in the sponsor's household who are not dependents, if Yes, financial sponsors receiving housing and other benefits in place of salary may count those benefits as income. monetary gains from any other source, such as rent, interest, dividends, etc. Applicants Required to Submit Form A I-864 is really a legal immigration type, showing that a sponsor is financially capable to keep the immigrant. I-864 is therefore required for: (i) An alien classified IR-2 based on a stepparent Employment-Based Preference Applicants: Employment Abroad Meeting to the Sponsor must be completed by sponsor. 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