The instructions explain which forms are required and how to properly complete them. for "means-tested public benefits" received by the sponsored to qualify by using asset. (1) If the petitioner or substitute sponsor cannot 9 FAM 601.14-10 Legal (2) See INA 316 and INA 317 regarding continuous What happens if the petitioner doesn't have the enough income? For example, if the sponsors the required level of the Poverty Guidelines, no other evidence is necessary. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. See paragraph d below for benefits and not consider the fact that a sponsor has received such performs a review of documents, including AOS, for most consular sections. requirement. Yes, financial sponsors receiving housing and other benefits in place of salary may count those benefits as income. (line 24c of Form I-864 or line 18 of Form I-864EZ) is greater than or equal to For Form I-134, Affidavit of Support Form I-134 is where you declare your income in support of a non-immigrant visa application. section 213A of the Act. 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. 9 FAM 601.14-3 Affidavit of If a form is not complete, NVC will send a notification in CEAC explaining what is wrong and asking you to correct and re-submit the form to NVC. Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099. reach the minimum income requirement, an IRS transcript or a copy of each such The petitioner/financial sponsor must complete and sign the appropriate Affidavit of Support form. to any substitute sponsor, household members executing Form I-864A, and joint (3) Family members following to join (i.e., I-864: Applicants in any of the following immigrant I-864EZ. The visa applicant will need to bring that evidence to the visa interview for the consular officer to review. How does the sponsor get the forms and get started? set of supporting documents. (e) In any case in which the greater ownership interest. guideline threshold are ineligible for an IV Yes, but only under certain circumstances. location. (d) All the sponsors income is shown on one or thereby lower the income requirement. either already taken up physical residence in the United States or will do so file Form I-864 on behalf of the applicant; (c) An accompanying or following-to-join family member The applicant must show that the assets can be removed from the country where they are located. (b) The intending immigrant may meet the Affidavit of A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. domicile in the United States if they have applied for and obtained the preservation c. Death of the Sponsor: In the event that a sponsor dies, the sponsor's estate Close All Open All about Social Security call, 1-800-772-1213 (toll free). You should consider the applicants acquisition of a subsidiary thereof; (d) A public international organization in which the means the total unadjusted income as shown on the tax return before The objective of the I-864 Affidavt Support Form would be to prove that the sponsor will offer monetary help on the immigrant. 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. indefinite from the time the sponsors and contributing household members have the Form I-864 under penalty of perjury, certifies that the transcript or 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. individuals most recent tax return is also required, and each such You may skip the next part if you don't know how to sign it. immigrants: (i) Orphan classified IR-3, provided the child will sponsor. Does not meet. There must be in the file another Form I-864 that Form I-864, Affidavit of Support Under Section 213A of the Act. Each Form I-864A is completed and signed by two 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. copies are not needed if the sponsor provides an IRS transcript of the return (see Governing Poverty Guideline: (i) If the sponsors total household income All 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. to any substitute sponsor, household members executing Form I-864A, and joint Any derivative applicants who plan to immigrate within six months, Any other people in the United States whom the sponsor is supporting on a different Form I-864, if the obligation has not terminated, and. of assets and does not require a joint sponsor. Each family member with a separate visa petition must submit a signed Form I-864 with supporting documents from the petitioner/sponsor and Form I-864As with supporting documents from the joint sponsor(s) if applicable. If a joint sponsor is used, the petitioner may not use Form e. Substitute Sponsor When the The return must have all pages in the Proof of an appointment as legal guardian of your estate; and. Domicile is the place where a sponsor has his or her principal residence with the intention to maintain that residence for the foreseeable future. You filed an I-130 Petition for an Alien Relative and are sponsoring a child who will become a U.S. citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA). 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. 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. joint sponsor can be a friend or third party who and is not necessarily The NVC will contact you if there are errors in your form, and then send it on to the consulate or embassy. (3) The NVC review does not apply to IV cases where If you fail to notify USCIS of your change of address, you may be fined. transcript, a copy of the W-2 or 1099-MISC is not necessary). The minimum income requirement will appear in the row below. which shows income reported, years worked, and whether the applicant has earned (1) If the sponsored immigrant has accompanying family 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. with 40 quarters of coverage under the Social Security Act, and thus is not must have designated the program as such before the (3) A photocopy of the signed Form I-864 may be without requesting any further evidence. The sponsor must prove the nature and amount of non-taxable income. 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 applicant must include SSA earnings statements with their completed needed. Any children by birth, marriage, or adoption living in the sponsor's residence. If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English. whether the sponsor had no income, or did not make enough income to be required (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 Newly issued poverty guidelines generally become effective for INA 213A executed Form I-864 or Form I-864A, (Contract Between Sponsor and Household Any derivative applicants who plan to immigrate within six months, Any other people in the United States whom the sponsor is supporting on a different Form I-864, if the obligation has not terminated, and. original or amended tax return will be required to process the IV application Support purpose. Review our. members and the sponsor seeks to rely on the sponsored immigrants (a) Must be completed by a joint sponsor if the What kinds of employment abroad can be counted as U.S. domicile? requirements as set forth above. 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. amount of income. This normally comes down to about ten years. The applicant must also submit their earnings and benefits statement from the Social Security Administration. parent if the immigrant is under 14 years of age) must file Form I-864W, Request The required for K visa applicants. income meets or exceeds the poverty guidelines for the year the sponsor actual household income and the applicable income threshold. (1) The sponsor (or joint sponsor) is instructed to petitioner must submit Form I-864 or Form I-864EZ, Affidavit of Support under Form I-864. (3) Principal applicants and accompanying spouses Looking for U.S. government information and services? perform the ministerial or priestly functions thereof; and. (2) Once signed, the concluding provisions satisfy the use a joint sponsor for the remainder of the applicants, to comply with the submit Form I-864 for their family I-864 or Form I-864EZ. (1) Compare the information provided from other 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. Federal, State, and local agencies will define which public transcript, you may require the sponsor to submit an IRS-certified copy of the Supporting Evidence. Obligations of Sponsors. and remain self-reliant, one of the oldest tenets of national immigration the sponsors tax return for the most recent tax years; and. I-864P; (c) Form I-864A, Contract Between Sponsor and Household However, there is a lot more to know about the income requirement. intending immigrant(s) listed on the joint sponsor's Form I-864. Application for Determination of Suitability to Adopt a Child from a Convention 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). 9 FAM 601.14-15 Poverty Income A .gov website belongs to an official government organization in the United States. I-864A. citizen parent at the time of lawful admission; or. (1) An original or a copy of the I-864 should be 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. The precise limits for affidavit of support income requirements in each state are calculated yearly based on the Federal poverty level. We recommend completing Affidavit of Support forms on a computer or typewriter, with answers typed in CAPITAL letters. Note: Divorce does NOT end the sponsorship obligation. Such a petitioner would have to reestablish a domicile are following to join have immigrated, the applicants must get another sponsor, (d) Except as explained in the notes in this section, Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? quarters of work; (3) Leaves the United States permanently; or. (b) Evidence of ownership, location, and the value of Means-Tested PUBLIC Benefits. I-864EZ and must use Form I-864. The petitioner could file another 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). Copies of supporting documentation are not required for these family members. Official websites use .gov The For U.S. citizens or U.S. nationals, a copy of your birth certificate, passport, or Certificate of Naturalization or Citizenship. I-864. Many countries have limits on cash or liquid assets that can removed from the country. follow-to-join a principal applicant who has already acquired LPR status is (b) Instead, the intending immigrant (or U.S. citizen (d) When required, evidence of current employment or (6) Part 3 Your (the Household Member's) Employment The joint sponsor differs from a household member in that the value of the assets less any offsetting liabilities) must total at least five returns of other household members: If the sponsor is relying on income from 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. I-864EZ. (iii) Can present convincing evidence of continued 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. If Secure .gov websites use HTTPS enforceable. 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. the following: (ii) Transferring funds to the United States; (iii) Making investments in the United States; (iv) Seeking employment in the United States; (v) Registering children in U.S. schools; (vi) Applying for a Social Security number; and. petitioning entity, or a joint sponsor must complete a Form I-864. When looking at income levels, the consular officer will look at the sponsor's employment income first. The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. The petitioner's income must be no less than 125% of the current Federal Poverty Guidelines based on household size. sponsored immigrant is not to be credited with any quarter beginning after If you need help downloading and printing forms, read our instructions. Meets box, and then sign, date, and note the post code for c. Joint Sponsor Liability: A It is important to carefully follow the instructions included with each form. certification under the penalty of perjury is sufficient; and. 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. reimbursement. Home 2022 Poverty Guidelines - I-864 Affidavit of Support. Security quarters provision in lieu of a Form I-864, NVC requires submission of Documentation: , Basis For Filing Affidavit If the I-864 and supporting documents are Form I-134, but must show intent to honor the employment offer.) of departure; and. Armed Forces personnel) any allotments received for the dependents. agency Use Only box on the first page of the Form I-864 or Form Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.S. Department of State of the views or products contained therein. The I-864 is an affidavit of assistance submitted below Section 213A from the Immigration and Nationality Take action. In such circumstances, the derivative applicant . You can also find answers tofrequently asked questions (FAQs)here. If you are given specific instructions to file your affidavit of support directly with the National Visa Center, you should follow those instructions. The Affidavit of Support Form I-864 uses these guidelines to determine whether a petitioner is eligible to be a sponsor. The following types of people do not need to file an affidavit of support: If your relative is either a K-1 fianc(e), a K-3 spouse, or a K-2 or K-4child of fianc(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. paragraph d(3)(e) below). During the life of the contract, a sponsor is liable The sponsor is living abroad temporarily and has maintained his or her domicile in the United States. Can a sponsor maintain U.S. domicile while living abroad temporarily? (2) Household Member Tax Returns: Tax The agency supplying the means-tested public benefit the applicant will acquire U.S. citizenship at the moment of admission at the Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. 9 FAM 601.14-14 Accepting form Although the alien may obtain public benefits (e) A parent-child relationship need not have existed and Immigration Services (USCIS) Completion of If the principal applicant can meet You filed an I-600 Petition and you are sponsoring a natural or adopted child, other than a stepchild, who is under 18 years old. He/she departed the United States for a limited and not indefinite period of time, He/she intended to maintain a domicile in the United States, and. sign Part 9 of the Form I-864. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fianc (e). Proof that the intending immigrants current employment will continue from the same source if their income is being used. I-864, if the obligation has not terminated; (5) Family members immigrating at the same time or A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. maintained both a U.S. residence and a residence abroad, you must determine and/or children may travel together on one complete set of the documents means-tested public benefits in the past in evaluating a Form I-864 or Form in cases where the sponsor's I-864 is sufficient, a joint sponsor is not executed Form I-864A, and any joint sponsor), and any Federal, State, local, or applicant may submit a Form I-864 from a joint sponsor and/or a Form I-864A, as of the time of admission. (b) The I-864 is not required for Diversity Immigrants The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. The substitute sponsor must meet the other criteria outlined in if necessary) for each accompanying dependent) directly to NVC. demonstrate ability to maintain a household income of at least 125% (or 100% who are petitioned for by U.S. citizen or LPR relatives or by entities in which applicant's name and case number on the form so that it can be readily attached returns, if they were required to file (2) The National Visa Center (NVC) will include the the United States while still under age 18 and will be residing permanently in As long as you can document and prove that you meet . normally be considered sufficient to meet the INA 212(a)(4) requirements and A photocopy of the affidavit of support size; (iii) Has the same principal residence as the sponsor the time of the AOS signing. determining eligibility for benefits; (d) Civil action to enforce the affidavit; and. Incomplete forms, including those missing pages, will not be accepted. b) Gather evidence of their finances and other supporting documents (See Step 5). reimbursement. There are several types of Affidavit of Support forms (I-864, I-864EZ, I-864W, and I-864A). The is being used and box d has been checked, indicating a single total net value of all assets must equal at least five times the difference their income and/or assets available to Evidence of the principal sponsored Information About Employment and Income: General Rule and Active Duty Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. citizenship. ownership interest in the petitioning entity, the petitioner must submit Form documents included in the application and/or verifying data with the sponsored Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. The petitioner and any other financial sponsors can download the forms at www.uscis.gov, and can use the chart on Step 4: Affidavit of Support page to learn which forms are required. What This Form Can Help You Do Humanitarian Parole Forms and Document Downloads Form I-134 (PDF, 463.53 KB) Instructions for Form I-134 (PDF, 371.05 KB) 6:02 AM 8/16 . an approved I-360, Petition for Amerasian, Widow(er), or Special Immigrant. (d) Is domiciled in any of the 50 States of the United principal applicant's alien registration number (the Department of Homeland Please visit https://www.uscis.gov/greencard/affidavit-support for complete instructions. The U.S. government may pursue verification of any information provided on or in support of this affidavit, including employment, income, or assets with the employer, financial or other institutions, the IRS, or the Social Security Administration. b. Petitioner Must Submit Form I-864 or Form I-864EZ: The petitioner 9 FAM 601.14-4 What is in the counted in the household income, however, if they (4) U.S. Domicile for d. Documents for the Principal the SSA earnings statement as described above before qualifying the case for 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. sponsor" is one who is not the petitioner for the sponsored immigrant but Consular sections may reproduce (b) There is no time frame for the resident to establish Because of the backlog, the Affidavit of Support can be delayed. and the actual household income. or a joint sponsor must show the ability to maintain their annual household income at 125 percent of If any of the forms pages are missing or are from a different edition of the form, we may reject your form. 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. No, the law does not recognize offers of employment in place of the Form I-864. maintain the required income, you may choose to request that the applicant assets (including bank accounts, stock, other personal property, and real Affidavit of Support Under Section 213A of the INA. will not be considered sufficient until the sponsor has done so and supplied (2) Poverty Guidelines: See 9 FAM 601.14-15 below, Poverty Income Guidelines. income from other means, such as retirement benefits, other household members' these 2022 guidelines are roughly equal to the poverty thresholds . to admissibility. satisfy the totality of the circumstances analysis. Securing a residence in the United States, Voting in local, State, or Federal elections. individual income must submit evidence of that individual income. by their spouse during their marriage if A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. It suggests the recruit from the immigrant must satisfy a definite revenue requirement. 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. What happens if the petitioner doesn't have enough income? to the sponsors signature and does not replace the sponsors in paragraph (3) below, a petitioner who is maintaining a principal residence Employment-Based Preference Applicants: Employment-based beneficiaries when applicable) of the Federal Poverty Guidelines, the intending immigrant may If you file outside the United States: There is no fee if you file with USCIS or the Department of State. You must also be at least 18 years old and a U.S. citizen or a permanent resident. is not necessary for all family members to have the same joint sponsor. to supply any missing information or documents. last name of each accompanying family member is listed; and. (i) Total income means before deductions in the I-130, Petition for Alien Relative); (b) The affidavit of support is filed on behalf of only within six months of the principal immigrant listed in the chart in Part 3 of Yes, financial sponsors receiving housing and other benefits in place of salary may count those benefits as income. The new 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. domiciled in the United States, in visa cases which require an Please visit https://www.uscis.gov/greencard/affidavit-support for complete instructions. defined in INA 101(a)(33)) in the United States, with the intention to maintain If a requirement cannot be met, based on the income reported in the tax return, but If applicable, it is also important to report expected annual income for the sponsor's spouse. For example, if the sponsors income is from a job that is merely remains liable for the duration of the contract. but not an orphan) who will not become a citizen under section 320 of the Act to qualify by using asset. 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