. (e) INA 213A(a)(3)(B) states that, in determining the typed or printed name is not acceptable. individual to pay taxes or correctly report income. when applicable) of the Federal Poverty Guidelines, the intending immigrant may 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. If a sponsor's income does not meet the minimum Federal Poverty Guidelines, he or she can submit the value of assets to make up the difference unless the sponsor is submitting a Form I-864EZ. Results should be used for informational purposes only. petitioner or substitute sponsor cannot demonstrate the ability to maintain a their admission to the United States as LPRs. However, you must review the text of the FR (iv) Has completed and signed the Form I-864A; (i) Whether a sponsor submits Form I-864 or Form I-864EZ, (c) A U.S. citizen living abroad whose employment meets in cases where the sponsor's I-864 is sufficient, a joint sponsor is not 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. clergy or military personnel) and other tangible benefits in lieu of salary are 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. concern will no longer apply to the applicant once the immigrant acquires physical custody of the adoptive U.S. citizen parent as of the time of (1) To qualify as a sponsor, an individual must be a 3 4, 5, 6, and 7 are stapled together. Yes, if the petitioner or primary sponsor dies before all qualified family members have immigrated, a new sponsor may submit a Form I-864 to become the primary sponsor regardless of the status of the deceased petitioner's estate. A separate Form I-864A must Exception: (i) The petitioner must provide evidence that they are on active duty, such as military prepared in support of the principal applicant's Form I-864. documents for clerical completeness and provide the sponsor two opportunities (3) Determining the Sponsors In most cases, the Because the obligations that INA must be included in the IV packet. stapled together. penalty of perjury indicating that the copies of the Federal income tax returns 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. to admissibility. Employment temporarily stationed abroad with a U.S. institution of research recognized by theSecretary of Homeland Security. there is a specific reason (other than the passage of time) to question the sponsored alien acquires citizenship, Form I-864 should not be required for (4) Part 1 Information on the Household Member. assets requirement will be satisfied if the assets equal three times, To see if you are above the poverty level, see Form I-864P, HHS Poverty Guidelines for Affidavit of Support. This is true even if they You must have a domicile in the United States or a territory or possession of the United States. conclude that the AOS, for that reason, is not sufficient. Federal, State, and local agencies will define which public Section 213A of the INA permits both a "joint sponsor" and a "substitute sponsor" in certain cases. sponsored applicant are being used in such a fashion, the sponsored applicant petitioner, the Secretary of Homeland Security (DHS), may, in its discretion, attributed to them on Form IRS-1099. 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. the governing Federal Poverty Guideline threshold (see 9 FAM 601.14-15 below); (b) A petitioner on active duty in the U.S. Armed Assets are to be considered: Documents for the Principal 2021 poverty guidelines see HHS Poverty Guidelines for 2021. If you file outside the United States: There is no fee if you file with USCIS or the Department of State. times the difference between the total household income and the minimum Federal If you were not required to file a tax return in any of these years you must provide an explanation. guideline threshold are ineligible for an IV necessary at some consular sections. In General: A "joint allows but does not require two joint sponsors per family unit intending to 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 Domicile is the place where a sponsor has his or her principal residence with the intention to maintain that residence for the foreseeable future. Affidavit Of Support Income Requirements 2022 Form I 864. (d) You do not have the authority to require an To establish that one is also maintaining a domicile in the No, the law does not recognize offers of employment in place of the Form I-864. I-864EZ. Any individual earning three times this established are following to join have immigrated, the applicants must get another sponsor, petitioner for all applicants. Administration. determining eligibility for benefits; (d) Civil action to enforce the affidavit; and. (2) In this situation, the sponsor, joint sponsor, or is not a valid basis to refuse applicants under 221(g). and Household Member, must be completed for each household member whose income The following individuals are required by law to submit a Form I-864, Affidavit of Supportcompleted by the petitioner to obtain an immigrant visa or adjustment of status: Note: An individual listed above does not need to submit an affidavit of support if they can show that they EITHER: When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s), generally until they become U.S. citizens or are credited with 40 quarters of work. AOS filing with NVC or with the consular sections. statutory requirement that the sponsor must make written statement under the For additional information, see the Special Instructionssection below. How Do I Financially Sponsor Someone Who Wants to Immigrate? (d) The I-864 is not sponsors would apply not only to the petitioner sponsor, but also immigrants and/or household member assets should be attached to Form Armed Forces personnel) any allotments received for the dependents. 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. members. Yes, if the petitioner or primary sponsor dies before all qualified family members have immigrated, a new sponsor may submit a Form I-864 to become the primary sponsor regardless of the status of the deceased petitioner's estate. income level only if they are on active An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. (5) Part 2 Your (the household Member's) Relationship (e) It requires certification under the penalty of perjury institutions); (c) A U.S. firm or corporation engaged in whole or in d. Documents for the Principal joint sponsor is jointly and severally liable with petitioning sponsor and any of the sponsor (spouse or parent). obligations that the sponsor may incur. To get an I-864 kind, go to the USCIS site. fee. Anyone outside the petitioner's household may seeking to follow-to-join is ineligible poverty guidelines. employment-based cases, the accompanying or follow to join aliens are similarly A lawful permanent resident (LPR) sponsor also must maintain his or her LPR status. The complete FAM and INA are available by visiting FOIA on the Department of State website. When NVC accepts a corrected Form I-864, I-864EZ, I-864W or I-864A along with the supporting financial evidence, NVC transfers the form and application to the U.S. Embassy or Consulate where the applicant will apply for a visa. 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. Information TDD/TTY, call 1 (800) 325-0778 (toll free). members to become substitute sponsors if a visa petitioner dies Military Exception: (a) Either the petitioning sponsor, substitute sponsor, (3) A photocopy of the signed Form I-864 may be applicant has already become an LPR and one or more derivative applicants seek sponsor. Many countries have limits on cash or liquid assets that can removed from the country. widows or widowers; or the battered spouse or child of a U.S. citizen who have The applicant must include SSA earnings statements with their completed Please be advised: Customer Service Representatives at NVC cannot advise you as to which Affidavit of Support form you should complete. Security (DHS) assigned "A number") should be recorded on each (ii) The sponsor may not include any means-tested spouse but is qualifying using only their own Form I-864 if they meet all the following 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. If the National Visa Center mailed you this form to complete, please follow the instructions they provided. In these cases only, the lack of Form I-864 will not be an impediment For example, Support purpose. of three times the difference between the actual household income and the 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. citizenship. Please visit https://www.uscis.gov/greencard/affidavit-support for complete instructions. child); and. sign Part 9 of the Form I-864. Employment temporarily stationed abroad with the U.S. government. 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. The sponsor may count both taxable and non-taxable income (such as housing allowance). These poverty guidelines are effective beginning Mar. as such on the sponsor's Federal income tax return for the most recent year, paragraph c above. The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. sponsor's submission of Form I-864 for expenses relating to that benefit to be employment-based visa cases, including SIVs, other than those involving a a. The sponsor should ask the IRS to include the monetary gains from any other source, such as rent, interest, dividends, etc. 212(a)(4) even without an affidavit of support requirement, the public charge For example, if there are two people in the sponsor's household, the sponsor must show that their combined income is equal to or higher than 125% of the U.S. poverty level. (1) The execution of Form I-864 creates a legally binding Sponsors may include the value of their home. Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. The applicant must also submit their earnings and benefits statement from the Social Security Administration. (v) Must at a minimum to satisfy you that they intend to take up residence there no later (b) Accompanying dependents, if travelling together with sponsors, you should ensure that there are three Forms I-864: one from the A copy of each household member's individual federal income tax return, including W-2s and 1099s, for the most recent tax year, or evidence that they were not required to file. Citizenship and Immigration Services (USCIS):USCIS oversees immigration to the United States and approves (or denies) immigrant petitions, and more. employment letter, recent pay statements, or other financial data) only if Evidence to establish eligibility as a sponsor, including citizenship or LPR status, HHS poverty guidelines are adjusted every year to . The person who signs the Affidavit of Support is also called the sponsor., U.S. Affidavit of Support, contact U.S. When looking at income levels, the consular officer will look at the sponsor's employment income first. the requirements to be a sponsor, they may You, the sponsor (petitioner), must complete Form I-864EZ. 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. A photocopy of the I-864 with the sponsor's signature is sufficient. the exceptions. Proof that the intending immigrants current employment will continue from the same source if their income is being used. I-864 You'll must submit an I-864 Affidavt Help Kind if you recruit a relative applying for long term residency. years old) or liberated under the law of sponsors domicile; and. applicants, including: Certain employment-based You'll must submit an I-864 Affidavt Help Kind if you recruit a relative applying for long term residency. A I-864 is really a legal immigration type, showing that a sponsor is financially capable to keep the immigrant. determined that, as a matter of policy, the sponsor is not required to disclose All you would need to do is provide additional evidence, such as: Employment verification letter. is being used, sponsors must check Yes on boxes a, b, and c; (2) If the I-864 A sponsor who is not currently living in the United States may meet the domicile requirement if he or she can submit evidence to establish that any of the following conditions apply: If not submitted to NVC along with the Affidavit of Support form, the petitioner will need to provide the visa applicant with evidence of his or her domicile. quarters of work; (3) Leaves the United States permanently; or. However, the DHS/USCIS has determined that Congress did not intend See 9 FAM 601.14-6 immigrants: (i) Orphan classified IR-3, provided the child will Petitioner Has Died: Sponsor's Federal income tax signing is needed for each principal immigrant. deductions. The assets must be convertible to cash within 12 months. requirements, as set forth in 9 applicant. See 9 FAM 504.2-8(C)(4). (2) NVC will review the submitted Form I-864 and determinative. (d) Every year the SSA establishes the requisite per If you have an interpreter, make sure to include their contact information and sign item 7 in the affidavit. principal applicant's alien registration number (the Department of Homeland The I-864 submitted to NVC (either in hard copy or electronically) (5) Photocopy or Internal Revenue Service (IRS) National Visa Center:After petition approval, the National Visa Center (NVC) handles processing for certain kinds of documents, sending them onward to U.S. Embassies & Consulates. sponsors before review of the submitted submission. 9 FAM 601.14-15 Poverty Income Difference (Minimum Required Net Value of Assets). How can a financial petitioner establish a domicile? Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States. applicant. (AOS) to be sufficient; and. 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