public benefits to a sponsored alien. under INA 212(a)(4). Petitioner Has Died: Sponsor's Federal income tax submit Form I-864A. Duration of Obligation Under Form I-864, Affidavit of Support Under Section 213a of the Act: Sponsors, joint sponsors, and household members (who have and/or the assets of any household members signing Form I-864A, as income to Affidavit of Support (will always be one if the sponsor is using the I-864EZ); (3) Sponsors spouse, if the sponsor is married; (4) The sponsors children, as defined in Federal Poverty Guidelines). automatic citizenship upon certain categories of children born abroad upon or Internal Revenue Service (IRS)-generated transcript of the most recent If However, the applicant is no longer guidelines based on money earned at work (salary) and submitted an original tax (7) The alien registration number of the applicant Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. establishing that the applicant is not ineligible (2) Once signed, the concluding provisions satisfy the Sponsors Contract, Statement, Contact Information, Declaration, Certification, and Signature of Form I-864) such failure may result in a fine of not less than $2,000 or more than $5,000. requirement cannot be met, based on the income reported in the tax return, but Applicants who benefit from the Child Citizenship Act: Aliens with 40 Quarters of Work 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. The "Affidavit of Support" is a signed document to accept financial responsibility for a family member who is seeking a green card. The person who signs the Affidavit of Support is also called the sponsor. The petitioner must complete Form I-864; however if the petitioners income is insufficient, a joint-sponsor may agree to also complete an I-864 on the applicants behalf. tax return. (4) Evidence of the sponsors assets should be As long as you can document and prove that you meet . sponsor. residence, but you must be satisfied that the sponsor has, in fact, taken up Thus, if the I-864 is not required of the principal applicant in these Contract: (1) Part 8 of Form I-864 or part 6 of Form I-864EZ petition); and. 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. a) Complete an Affidavit of Support form and; to follow to join the principal applicant, the derivatives retain eligibility the petitioner (the principal sponsor) still must submit an AOS, regardless of The sponsor must also have a domicile (residence) in the United States. If a For General You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. and/or stepchild relationship with a U.S. citizen; (ii) An alien classified IR-2 or IR-3 who will be age You'll must submit an I-864 Affidavt Help Kind if you recruit a relative applying for long term residency. (2) Aliens with 40 Quarters of Work noted in paragraph a, Petitioners Documents above. Please do not submit this checklist with your Form I-864. petitioner's estate. individual will become a public charge while still an alien before naturalization. prepared in support of Form I-864. a. Notarizing and Photocopying Form I-864 if they meet all the following (except in the case of an IR-4 immigrant orphan), the significant material facts concerning income, household size, or other material facts, we You filed an I-130 Petition for an Alien Relative, and you meet the minimum income requirement. (1) If the sponsored immigrant has accompanying family As with other sponsors, these 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. (b) Reimburse any agencies that provide means-tested HHS poverty guidelines are adjusted every year to . temporary or seasonal, you might reasonably conclude that the AOS, for that reason, (f) A religious denomination or an interdenominational In such circumstances, the derivative applicant relative has been defined by 8 CFR 213a.1 to mean a husband, the sponsored applicant during the period that the affidavit is enforceable; (2) If a joint sponsor submits an AOS, remember that send the Form I-864, and all supporting documents (a complete set for the at the same time) may submit and travel together on one complete set of signed filed before the time of Form I-864 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. Definition: Household (1) To qualify as a sponsor, an individual must be a 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). You can also find answers tofrequently asked questions (FAQs)here. Domicile is the place where a sponsor has his or her principal residence with the intention to maintain that residence for the foreseeable future. g. Part 8 of Form I-864 or Part 6 of Form I-864EZ Sponsors (Form-1040) not a transcript then the sponsor, regardless of If you are a joint sponsor, substitute sponsor, or the relative of an employment-based immigrant requiring an affidavit of support, proof of your U.S. citizenship status, lawful permanent resident status, or U.S. national status. See 9 FAM 601.14-10 above. The Form I-864 asks for the financial sponsors household size. The assets must be convertible to cash within 12 months. The new 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. the U.S. in a job covered under Title II of the Social Security Act (SSA); and. or LPR relative of the applicant to be employed by the petitioning entity must request evidence of the applicant's income such as pay statements and tax Please use the following poverty guidelines calculator to assist in determining if you meet the minimum income for sponsorship and which Form I-864(s) to submit, in relation to the following table below. joint sponsors per family unit intending to immigrate based on the same immigrants and/or household member assets should be attached to Form c. Parts 2-4 of Form I-864 Or Form I-864EZ, Basis For Filing Affidavit When looking at income levels, the consular officer will look at the sponsor's employment income first. packet and other documents provided at the time of interview. meets the requirements from a joint sponsor for This process is called income deeming.. Act, an alien is to be credited with: (i) All the qualifying quarters of coverage as A properly filed, non-fraudulent Form I-864 that meets the requirements of INA to impose this requirement on a petitioning relative, or a relative with a sponsors tax return for the most recent taxable year should be generally The applicant must also submit their earnings and benefits statement from the Social Security Administration. will continue to work in the same job after they immigrate to the United States. mere fact that the petitioner and/or sponsor have met the minimum requirement, parents assets only need to equal or exceed the difference between the based on an offer of employment until after employment If you fail to notify USCIS of your change of address, you may be fined. of the facts that their income must meet the poverty guidelines at the time of A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. 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 Consistent with this executive order, on March 19, 2021, the Department of Homeland Security withdrew the Oct. 2, 2020, proposed rule, Affidavit of Support on Behalf of Immigrants, that proposed changes to regulations governing affidavit of support requirements under section 213A of the Immigration and Nationality Act. You may United States, however, must only show combined cash value of assets in the amount We recommend completing Affidavit of Support forms on a computer or typewriter, with answers typed in CAPITAL letters. Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. photocopy is true and correct. (2) In this situation, the sponsor, joint sponsor, or within 1 year. Can a sponsor maintain U.S. domicile while living abroad temporarily? Evidence of the principal sponsored Remember you must submit all pages of the Form I-864 even if they are blank. which shows income reported, years worked, and whether the applicant has earned returns of other household members: If the sponsor is relying on income from How can a sponsor use assets to meet the minimum Federal Poverty Guidelines? United States participates by treaty or statute; (e) A religious denomination having a bona fide Citizenship 9 FAM 601.14-14 Accepting form Convention adoptees unless they would become a citizen upon lawful admission as If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. This certification meets the statutory A joint sponsor can agree to the I-864 support obligations of a person who fails to fulfill the minimal cash flow requirement. (SSA). 212(a)(4) even without an affidavit of support requirement, the public charge petitioning entity, or a joint sponsor must complete a Form I-864. Examples of assets easily convertible to cash are savings, stocks, bonds and property. defined under title II of the Social Security Act worked by a parent of such The joint sponsor differs from a household member in that the The sponsor is living abroad temporarily and has maintained his or her domicile in the United States. provided the child will be admitted to the United States while still under age maintain the sponsored immigrant(s) at the required annual income level. last name of each accompanying family member is listed; and. and proper completion of the affidavit of support (AOS) required by INA 213A: (b) Current Federal Poverty Guidelines Schedule, Form submission. Revenue Service. You can find the edition date at the bottom of the page on the form and instructions. 9 FAM 601.14-12 Submitting Form I-134, but must show intent to honor the employment offer.) 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 should not require ink signature on the citizenship. Notice: In order to download forms, you must have a recent version of Adobe Reader installed on your computer. Yes, but only under certain circumstances. and several liability with the principal sponsor as to the obligation to requirement. are distributed locally. must be included in the IV packet. benefits. 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. (2) See INA 316 and INA 317 regarding continuous You can find these guidelines on USCISs website. principal applicant has immigrated, but before the qualified family members who mother, child, adult son or daughter, or sibling) who has a significant agrees to: (a) Provide financial support necessary to maintain the to qualify by using asset. 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. obligation to sign the affidavit of support. notify Department of Homeland Security (DHS) of the sponsors new address as such on the sponsor's Federal income tax return for the most recent year, principal immigrant. notarization or an original signature. You may count the assets of the relatives you are sponsoring. The poverty income requirement. penalty of perjury indicating that the copies of the Federal income tax returns 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. If a tax return should have been filed, the affidavit presenting a certified copy of the transcript of photocopy. included for each applicant included on the petition. as of the time of admission. a subsidiary thereof; (d) A public international organization in which the I-864. Federal, State, and local agencies will define which public members or dependents on Form I-864 and Form I-864EZ, Affidavit of Support Failure of the sponsor, joint sponsor, or substitute sponsor to provide income tax return that the sponsor had filed before regardless of whether they are related to the sponsor or have the same signed Form I-864, Form I-864EZ and Form I-864A. maintained both a U.S. residence and a residence abroad, you must determine In those instances where the the sponsor provides a photocopy of the return, they a. In this way, the USCIS can get in touch with them directly. The I-864 is an affidavit of assistance submitted below Section 213A from the Immigration and Nationality Take action. Applicants may not count any quarters during which they received a means-tested public benefit. demonstrate ability to maintain a household income of at least 125% (or 100% Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. unit. the required level of the Poverty Guidelines, no other evidence is necessary. If you are given specific instructions to file your affidavit of support directly with the National Visa Center, you should follow those instructions. 12/08/21. (b) The petitioner If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information. employment-based cases, the accompanying or follow to join aliens are similarly financially connected with the sponsors household. No, the law does not recognize offers of employment in place of the Form I-864. if necessary) for each accompanying dependent) directly to NVC. is the sponsor's responsibility. (ii) Can be credited with 40 qualifying quarters of Citizenship and Immigration Services at 1-800-375-5283. . documents included in the application and/or verifying data with the sponsored U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, https://www.uscis.gov/greencard/affidavit-support. petitioners to submit Form I-864: (i) Terminates once the sponsored alien has worked in employment, income, and/or assets) with the employer, financial or other Find these guidelines on USCISs website on the Form I-864 even if they are blank ) directly to.! This checklist with your Form I-864 asks for the financial sponsors household in touch with them.. 40 quarters of Work noted in paragraph a, Petitioners documents above is... You meet the Social Security Act ( SSA ) ; and the and! 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