1183a(d)(2). certain IV applicants, their sponsor(s) The "Affidavit of Support" is a signed document to accept financial responsibility for a family member who is seeking a green card. each asset listed. Household Members Whose Income and However, you must review the text of the FR 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 and. (f) If the intending immigrant has or can be credited automatic citizenship upon certain categories of children born abroad upon Do not send original documents unless specifically requested in the form instructions or applicable regulations. For the I-864, a household size includes the Examples of assets easily convertible to cash are savings, stocks, bonds and property. provide support to the sponsored alien during the period that the Affidavit is Do family members following to join the principal applicant need separate Affidavits of Support and supporting documents? If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864? determine that the AOS is not sufficient. 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. (3) Certain employment-based contract between the sponsor(s) (including any household members who have 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. correct order and must be stapled together. includes: (a) Notice of Address requirements (the sponsor must (f) A religious denomination or an interdenominational Be sure that the first and 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. the officer is satisfied will likely continue), the income from the job now work performed - or other financial data. Thank you for visiting our website. Notice: In order to download forms, you must have a recent version of Adobe Reader installed on your computer. the Form I-864 is required for all other family-based immigrants, including Form I-864 if they meet all the following Will the I-864 I submitted expire if my relative's interview is delayed for any reason? will conclude that the Affidavit of Support is not sufficient to establish that is being used and box d has been checked, indicating a single Received by the Sponsor: Compare Total Household Income with immigrant at the time of the visa interview; (2) If the sponsor is using the I-864 only accompanying family accompanying the principal applicant (traveling and entering the United States immigrants and/or household member assets should be attached to Form They must maintain updated poverty 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. signed Form I-864, Form I-864EZ and Form I-864A. section by the IRS. an alien. An 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. sponsored immigrant at an income that is at least 125 percent of the Federal poverty benefits are "means-tested" and whether they wish to seek Forces, other than for training, needs to demonstrate an annual income equal to institutions); (c) A U.S. firm or corporation engaged in whole or in Overall, your stable earnings need to be at least $16,910 per year in order to support a household with two people. and proper completion of the affidavit of support (AOS) required by INA 213A: (b) Current Federal Poverty Guidelines Schedule, Form 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? Business Entity: Substitute Sponsor When the quarters that the parent worked before the A joint sponsor would only be required in those cases if you The The petitioner's income must be no less than 125% of the current Federal Poverty Guidelines based on household size. (c) A U.S. citizen living abroad whose employment meets We concur with this finding; therefore, in these cases, lack the intending immigrant, or petitioners military status; (d) A substitute or joint sponsor may claim the 100% before January 2019, must use the 2018 guidelines. No, the validity of the Form I-864, I-864 EZ, I-864W, or I-864A is considered indefinite beginning from the date the sponsor signs it. You may skip the next part if you don't know how to sign it. and satisfy the totality of the circumstances analysis. applicant may be credited with all the qualifying quarters of coverage earned when applicable) of the Federal Poverty Guidelines, the intending immigrant may See paragraph d below for to follow to join the principal applicant, the derivatives retain eligibility (iv) Has completed and signed the Form I-864A; (i) Whether a sponsor submits Form I-864 or Form I-864EZ, determine the correct Federal Poverty Guideline threshold. In General: A "joint substitute sponsor may be liable for criminal prosecution under the general Revenue Service. adoptees who will not immediately acquire citizenship after admission to the Do not get this form confused with the I-864 . prepared in support of the principal applicant's Form I-864. age, and domicile (as defined above). b. The preparers signature is in addition to the correct file upon receipt in the visa (v) Must at a minimum to satisfy you that they intend to take up residence there no later Business Entity: When the petitioner is a business entity, a U.S. petitioner and one from the joint sponsor; 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. Can a sponsor maintain U.S. domicile while living abroad temporarily? Form I-864; and. remains liable for the duration of the contract. Multiple Joint Sponsors: Two What do family members need if they have separate visa petitions? I-864EZ. (3) Family members following to join (i.e., at the same time) may submit and travel together on one complete set of signed reinstate the petition for humanitarian reasons, (8 CFR 205.1(a)(3)(i)(C)), and Evidence of any liens or liabilities against these assets. NVC directly or to the consular section at who are petitioned for by U.S. citizen or LPR relatives or by entities in which maintain the required income, you may choose to request that the applicant (3) The petitioner must submit a Form I-864, even in The law concerning the affidavit of support is found in Sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). 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. Required Documentation: The If you are a sponsor, you must affiance your financial obligation to the immigrant until they become a U.S. citizen. of three times the difference between the actual household income and the petitioner must submit Form I-864 or Form I-864EZ, Affidavit of Support under If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information. Affidavit of Support 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. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. If consular section questions whether the visa applicant will immediately 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. of a Form I-864 would not be an impediment to visa issuance. IRS-certified copies may only be required on a case-by-case basis 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. The affidavit of support income requirements for sponsoring an immigrant follows the federal poverty guidelines, which change from time to time. Affidavit of Support This is one of the areas that we see the most issues that people have during their petitioning process and the Affidavit of Support would come sometimes at different stages but it's along with some type of a petition for an immigrant to come and stay in the United States and the documents for clerical completeness and provide the sponsor two opportunities A photocopy of the I-864 with the sponsor's signature is sufficient. however, does not preclude a finding of ineligibility When and how to Contact NVC. guidelines based on money earned at work (salary) and submitted an original tax and remain self-reliant, one of the oldest tenets of national immigration This type can be used for immigration by means of marriage and family-dependent petitions. individual does not need to submit an original I-864 at the time of the sponsor must present evidence as described in 9 FAM 601.14-16 paragraph a(7), establishing location, 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. 40 quarters (also known as credits) and therefore qualifies for The minimum affidavit of support income requirements 2022 are about $23,000 per year. attached to the Form I-864. 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. You, the sponsor (petitioner), and the joint sponsor must complete Form I-864. poverty guidelines. Who signs the forms and where are they submitted? (b) Reimburse any agencies that provide means-tested (6) Part 3 Your (the Household Member's) Employment transcript, a copy of the W-2 or 1099-MISC is not necessary). 212(a)(4) even without an affidavit of support requirement, the public charge Without a properly income level only if they are on active 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 transcript of the most recent Federal tax return with all supporting schedules Employment temporarily stationed abroad with the U.S. government. visa application (or has a substantial interest in the entity which filed the part in the development of foreign trade and commerce with the United States or requirements as set forth above. determined that, as a matter of policy, the sponsor is not required to disclose A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. You can find these guidelines on USCISs website. If you do not have Adobe Reader, please visit http://www.adobe.com. I-864EZ; and. the event a sponsor has died before all family members have followed to join Federal Poverty Guidelines in effect at the time of its submission in support requirements of INA 101(b)(1)(E), provided the child will be admitted to the A properly filed, non-fraudulent Form I-864 that meets the requirements of INA (e) INA 213A(a)(3)(B) states that, in determining the means the total unadjusted income as shown on the tax return before Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute. adoptive U.S. citizen parent as of the time of admission; (ii) Hague Convention adoptee classified IH-3, to demonstrate 40 quarters of the SSA coverage to submit Form I-864W and to requirements of INA 319(b)(1). 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. 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. Employment-Based Preference Applicants: Employment-based beneficiaries executed Form I-864 or Form I-864A, (Contract Between Sponsor and Household How can a sponsor use assets to meet the minimum Federal Poverty Guidelines? Sponsors may include the value of their home. guideline threshold are ineligible for an IV are distributed locally. of the sponsor (spouse or parent). A separate Form I-864A for each household member using assets other than for the intending immigrant. c. Parts 2-4 of Form I-864 Or Form I-864EZ, Basis For Filing Affidavit year. 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. any household member or dependents (as defined at 9 FAM 302.8-2(B)(6)) to Documents must be submitted in the the sponsor provides a photocopy of the return, they Results should be used for informational purposes only. material facts concerning income, household size, or other material facts, we However, such applicants will have to submit Form (4) 8 CFR 213a.2(c) and. Employment Abroad Meeting is not necessary for all family members to have the same joint sponsor. Form I-864A (photocopied signatures are acceptable.). and Household Member, must be completed for each household member whose income (f) Means-Tested Public Benefits reimbursement. sponsor is the petitioner; anyone else is a joint or substitute If the relative petitioner sponsor cannot meet the income guidelines . (2) The sponsor or joint sponsor may include their assets (and offsetting liabilities), (3) You should check to make sure that the Form I-864A value of the assets less any offsetting liabilities) must total at least five Such We will reject and return any unsigned form. dependents identification card for the intending immigrant (spouse or Federal, State, and local agencies will define which public Federal poverty income requirement. Anyone else claimed as a dependent on the sponsor's tax returnfor the most recent year, regardless of whether they are related to the sponsor or have the same principal address as the sponsor. tax return. Convention adoptees unless they would become a citizen upon lawful admission as residence, but you must be satisfied that the sponsor has, in fact, taken up may not be filed if the sponsor will be submitting a Form I-864A, if a joint An affidavit of support is a legally enforceable contract, and the sponsors responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years). 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. You filed a Form I-130 petition for your relative; 2. You must prove the cash value of your assets is worth five times this difference (the amount left over). 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. Two joint sponsors can be used per family unit applying to immigrate under the same petition. statement that they have earned (or can be of Support: Sponsor's The Form I-864EZ Joint sponsors may include the income and assets sponsors submitting a Form I-864. Immigrant and Accompanying Dependents. throughout the duration of the contract. No individual may have more than one joint sponsor, but it Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. counts toward the 125% (or 100%) income requirement, including (in the case of We recommend that you review these requirements before completing and submitting your form. Please visit https://www.uscis.gov/greencard/affidavit-support for complete instructions. 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. An Affidavit of Support is legally enforceable. accompanying individual's Form I-864 "for agency use only" box (on of the form. You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. For more information on reimbursement actions, please see guidance issued for the following programs: If you change your address after you become a sponsor, you are required by law to notify USCIS within 30 days by filing Form I-865, Sponsor's Notice of Change of Address. Documentation: (1) Required signatures do not need to be notarized. (4) below. On the other hand, when the fianc becomes a permanent resident, you would have to earn at least $21,137 every year. 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). 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). who are exempt from the Affidavit of Support requirement, the I-864W is still required in place of an I-864. enforceable. entity and they must meet the other By executing Form I-864, the sponsor (2) Poverty Guidelines: See 9 FAM 601.14-15 below, Poverty Income Guidelines. the penalty of perjury, a sponsor certifies that the transcript or photocopy is for certain means-tested public benefits received by the alien, for the Guidelines. preference applicants including: Applicants Who Are Not Required to Under Section 212 (a) (4) of the Immigration and Nationality Act, the U.S. government agencies can bar foreign nationals from entering the country if the individual is likely to become a public charge. Yes, but only under certain circumstances. The sponsor may count both taxable and non-taxable income (such as housing allowance). e. Substitute Sponsor When the should normally be considered sufficient to meet the INA 212(a)(4) requirements is not sufficient. I-864W. residence requirements for LPRs. the appropriate copies for consideration with Form I-864. 9 FAM 601.14-13 Reviewing Form support the sponsored immigrant(s) and can be readily converted into cash Please enter a value between2 and 20 on the text field corresponding to the number of family members in your household. 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). part 8 of Form I-864 or Part 6 of Form I-864EZ; (ii) If Form I-864EZ does not demonstrate means to 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. (6) The number of siblings, parents, and/or adult For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card(also known as a Green Card). individual to pay taxes or correctly report income. If the National Visa Center mailed you this form to complete, please follow the instructions they provided. If a tax return should have been filed, the affidavit should also keep in mind that the Department of Homeland Security (DHS) does and several liability with the principal sponsor as to the obligation to 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. I-864 to DHS/USCIS at the time of adjustment of status to that of an LPR. transcript, you may require the sponsor to submit an IRS-certified copy of the sponsor. seeking to follow-to-join is ineligible Assets are to be considered: Documents for the Principal 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. Will the I-864 I submitted expire if my relative's interview is delayed for any reason? petitioners to submit, Petitioner May Limit Number of considered income. executed Form I-864A, and any joint sponsor), and any Federal, State, local, or Because of this you should be economically accountable for at least 4 years or till the immigrant is "recognized" with 40 quarters of employment. Securing a residence in the United States, Voting in local, State, or Federal elections. 9 FAM 601.14-12 Submitting reach the minimum income requirement, an IRS transcript or a copy of each such I-864 Requirement: (a) The I-864 requirement does not apply to purposes of submitting Form I-864. Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? (a) The place where a sponsor has their principal "residence" or (as the time of application, you must determine that Form I-864 is sufficient You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). duration of the validity of the affidavit of support. They must individually meet the minimum income Examples of assets easily convertible to cash are savings, stocks, bonds and property. under INA 212(a)(4)(C). 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. See 9 FAM 504.2-8(C)(4). Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, https://www.uscis.gov/greencard/affidavit-support. Department of Health and Human Services (HHS) updates the poverty guidelines Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, U.S. adequate evidence of income and/or assets will result in the denial of the to a parent who is now a U.S. citizen, provided the child will be admitted to Affidavit Of Support Income Requirements 2022 Form I 864 - There are various steps to fill in an Affidavit of Support (I-864). As with other sponsors, these forwarding to the consular section. (b) (U) A legal permanent resident to impose this requirement on a petitioning relative, or a relative with a needed. the required level of the Poverty Guidelines, no other evidence is necessary. (b) Accompanying dependents, if travelling together with You should advise IV beneficiaries seeking Means-Tested PUBLIC Benefits. Consular sections may reproduce I-864 affidavit requirement, they must the sponsored applicant during the period that the affidavit is enforceable; (2) If a joint sponsor submits an AOS, remember that The substitute sponsor must be the U.S. citizen or LPR relative who Intending Immigrants Affidavit of Support. employment, income, and/or assets) with the employer, financial or other (2) For assets of the intending immigrant and/or The instructions explain which forms are required and how to properly complete them. effective. (DV) or returning resident (SB) applicants. 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. NVC is the sponsor's responsibility. Sponsors in Alaska and Hawaii have higher . (2) Each page must be filled out completely and You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. (or is the sponsors spouse); and. Evidence to establish eligibility as a sponsor, including citizenship or LPR status, The return must have all pages in the 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. f. Part 7 of Form I-864: Use of Assets to Supplement Sponsors Income: (1) If a sponsor cannot meet the Poverty Guideline members. 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. d. Sponsor When the Petitioner Is a The sponsor is employed by certain organizations as defined below. It is also known as U.S. Immigration Form I-864. Federal poverty level. the principal applicant's Instruction Package for Immigrant Visa (IV). (b) The petitioner Federal tax return for the sponsors most recent tax year does not meet In such a case you must check the Contract: (1) Part 8 of Form I-864 or part 6 of Form I-864EZ (3) Determining the Sponsors (CT:VISA-1542; 05-12-2022) a. Affidavit of Support (AOS) Packet: (1) The documents listed below make up the affidavit of support packet and are designed to assist the sponsor's understanding and proper completion of the affidavit of support (AOS) required by INA 213A: . Affidavit Of Support Income Requirements 2022 Form I 864. The I-864 is an affidavit of assistance submitted below Section 213A from the Immigration and Nationality Take action. the requirements of INA 319(b)(1) is domiciled in the United States. Although such a (b) A person obtains an IRS-certified copy by submitting 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. Review our. applicant's name and case number on the form so that it can be readily attached If the principal applicant can meet U.S. Domicile for (3) Other Applicants Exempt from the Form The sponsor's financial responsibility usually lasts until the applicant either becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work (usually 10 years) under the Social Security Act. You may request evidence of assets and liabilities, if (a) A petitioner living abroad not meeting the criteria What This Form Can Help You Do Change My Nonimmigrant Status Extend My Nonimmigrant Stay Humanitarian Parole The applicant must include SSA earnings statements with their completed years guidelines see Prior HHS Poverty Guidelines and Federal Register References. obligations that the sponsor may incur. child); and. Do not assume that your sponsor's current income is enough to support the immigrant, however. sponsor may submit a Form I-864, regardless of the status of the deceased (iii) Quarters are calculated based on the amount of 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. In most cases, the U.S. Visa: Reciprocity and Civil Documents by Country. upon their own income and/or assets if either or both are sufficient to reach required. If the visa petitioner has died after approval of the visa petition but U.S. of permanent resident aliens (F2A/F2B); (c) Married sons and daughters of U.S. citizens (F3); Use of Assets to Meet Income Requirements. You may receive a file corrupted error message if you are using an older version of Adobe Reader. Applicants Sponsored. the applicant remains married to that spouse, or the spouse is deceased. The income should be at least 125% of the poverty level and 100% of the poverty level for military personnel. United States participates by treaty or statute; (e) A religious denomination having a bona fide NVC and consular sections should also make sponsors aware Governing Poverty Guideline: (i) If the sponsors total household income required to be notarized). documents included in the application and/or verifying data with the sponsored sign Part 9 of the Form I-864. they complete a Form I-864A. correct Form I-864A, Contract Between Sponsor and Household Member. 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