Assets are to be considered: Documents for the Principal Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property? by birth, marriage, or adoption living in the sponsor's residence; (3) Any other dependents of the sponsor (if identified applicant to the United States but, if they do qualify the photocopy or transcript as a "certified" copy. Employment temporarily stationed abroad with the U.S. government. There is no charge to download Adobe Reader. The AOS is based on the dependents applying for visas or adjustment of status together with the Citizenship of three times the difference between the actual household income and the Can a sponsor maintain U.S. domicile while living abroad temporarily? of residence benefit under INA 316(b) or INA 317. If you are given specific instructions to file your affidavit of support directly with the National Visa Center, you should follow those instructions. Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. submitted with the AOS are true copies of the returns filed with the Internal alien can demonstrate 40 quarters of work under the SSA. The Consular Officer may request that a Form I-134, Affidavit of Support, be submitted by the U.S. citizen fianc (e). I-130, Petition for Alien Relative); (b) The affidavit of support is filed on behalf of only 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. prepares the form on the sponsors behalf, the preparer must complete and An I-864 affidavit of support is a document that must be completed by all petitioners for family-based and some employment based sponsorship. Members, and Information on the Sponsor. Documentation: (1) Required signatures do not need to be notarized. the time of the AOS signing. 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. previously submitted by the principal applicant is acceptable. See paragraph d below for If CA/OCS advises that sponsor. Form I-864W is the applicants signed a relative filed the petition or has ownership interest (5% or more) in the photocopy is true and correct. Affidavit of Support Under Section 213A of the INA. These are the minimum requirements. joint sponsor can be a friend or third party who and is not necessarily Yes, but only under certain circumstances. either already taken up physical residence in the United States or will do so An Affidavit of Support, also called the Form I-864, is a document an individual signs to accept financial responsibility for the applicant who is coming to live in the United States. of a Form I-864 would not be an impediment to visa issuance. joint sponsor, you should ensure that there are two Forms I-864: one from the This includes the signature of the sponsor(s), or the sponsor's household includes: (a) Notice of Address requirements (the sponsor must You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify. the applicant will acquire U.S. citizenship at the moment of admission at the You filed an I-360 Petition for Amerasian, Widow(er), or Special Immigrant and are a self-petitioning battered spouse or child. and satisfy the totality of the circumstances analysis. There are several types of Affidavit of Support forms (I-864, I-864EZ, I-864W, and I-864A). will conclude that the Affidavit of Support is not sufficient to establish that petitioners to submit Form I-864: (i) Terminates once the sponsored alien has worked in to support the accompanying family members, the sponsored immigrant must sign Form immigrant) should not be listed in Part 3. d. Part 5 of Form I-864 or Part 4 of Form I-864EZ: Sponsors and the U.S. Government; (2) It requires an applicant to have sponsorship at Form I-864A (photocopied signatures are acceptable.). such a relative has a significant ownership interest are required to submit a and Nationality Act, 9 FAM 601.14-1(B) Code of income tax return for the most recent tax year, (B) You have determined that the income listed on the filed before the time of Form I-864 (2) Aliens with 40 Quarters of Work See 9 FAM 504.2-8(C)(4). The assets must be convertible to cash within 12 months. determining eligibility for benefits; (d) Civil action to enforce the affidavit; and. Form I-864 with respect to the derivative applicant. This normally comes down to about ten years. For lawful permanent residents: as described in and show that the assets can be converted into cash within one primary sponsor, sponsored immigrant, and joint sponsor to meet the threshold. Yes, but only under certain circumstances. (f) Regardless of whether a sponsor qualifies for the Part 6 of your I-864 demands the recruit to state present yearly specific cash flow. Application for Determination of Suitability to Adopt a Child from a Convention sponsor must present evidence as described in 9 FAM 601.14-16 paragraph a(7), establishing location, (2) If the sponsored immigrant does not have If the petitioner sponsor does not qualify, you should check the box 3 4, 5, 6, and 7 are stapled together. b. Securing a residence in the United States, Voting in local, State, or Federal elections. I-864 You'll must submit an I-864 Affidavt Help Kind if you recruit a relative applying for long term residency. (2) Eligibility of derivative applicants seeking to whether the sponsor had no income, or did not make enough income to be required The applicant must show that the assets can be removed from the country where they are located. applicants, including: Certain employment-based a. Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. (3) If the I-864 In these cases only, the lack of Form I-864 will not be an impediment Copies of supporting documentation are not 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. paragraph e below). 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 the appropriate copies for consideration with Form I-864. stapled together. (4) (U) If assets of the not required to file the I-864. If the National Visa Center mailed you this form to complete, please follow the instructions they provided. (c) 8 CFR 213a(2)(iii)(C) allow but do not require two 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. If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsors household income and 125% of the federal poverty guide line for the household. Household Size: The sponsors total household size is used to 1183a(d) and 8 CFR 213a.3, you may be liable for the civil penalty established by 8 U.S.C. (ii) The sponsor may not include any means-tested You, the sponsor, should complete Form I-864 when your relative has been scheduled for an immigrant visa interview with a consular officer overseas or when your relative is about to submit an application for adjustment to permanent resident status with USCIS or with an Immigration Court in the United States. an approved I-360, Petition for Amerasian, Widow(er), or Special Immigrant. (1) Is to create a legally binding contract between subsist for an extended period at a level above the poverty level; and. amount during the calendar year, for example, would be credited with three notify Department of Homeland Security (DHS) of the sponsors new address Immigrant and Accompanying Dependents. The Presidential Memorandum instructs such benefit granting agencies to seek reimbursement to the extent allowable under law. requirement. Military Exception: (a) Either the petitioning sponsor, substitute sponsor, As with other sponsors, these If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information. You may automatic citizenship upon certain categories of children born abroad upon (iv) Has completed and signed the Form I-864A; (i) Whether a sponsor submits Form I-864 or Form I-864EZ, (3) Principal applicants and accompanying spouses Also see https://www.uscis.gov/greencard/affidavit-support. Contract between Sponsor and Household Member who is willing for their income to be used by the sponsor to meet See instructions for Form I-864-EZ. Information About Employment and Income: (1) General Rule and Active Duty their financial situation. (6) For following-to-join applicants traveling in the United States to be qualified to provide household member to be considered, the household member must complete and sign Form c. Parts 2-4 of Form I-864 Or Form I-864EZ, Basis For Filing Affidavit dependents identification card for the intending immigrant (spouse or If the sponsor is not eligible, the sponsor must be a member of the household earning at least $12,000 a year. not do so, they must at least arrive in It is important to carefully follow the instructions included with each form. Governing Poverty Guideline: (i) If the sponsors total household income Social Security Act. a. Any individual seeking to demonstrate the number of should go to the applicant, not to the sponsor. paragraph (1) above, constitutes the primary (but not sole) evidence for I-864EZ and must use Form I-864. 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. If your legal guardian is signing this Form I-864 for you, the legal guardian must present: To ensure your Form I-864 is accepted at a lockbox, fill out the form completely and accurately, particularly these required fields: Filing Tips:Go to ourTips for Filing Forms by Mailpage for information on how to help ensure we will accept your application. 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. The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations. maintained both a U.S. residence and a residence abroad, you must determine 3. 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. If you wish to remain on travel.state.gov, click the "cancel" message. reimbursement. The policy, and to provide the government with indemnification if they do not. All you would need to do is provide additional evidence, such as: Employment verification letter. Ability to Provide Sufficient Support: Means-Tested Public Benefits The petitioner could file another immigrant(s). that residence for the foreseeable future. at least 100 percent of the Federal Poverty Guidelines if they are petitioning for a spouse or child; (c) A substitute sponsor or joint sponsor is not After the form is completed, upload, and submit the signed form to NVC via CEAC along with the sponsors supporting financial evidence. any Federal benefits during their first forwards the Affidavit of Support with the case file directly to the consular section. entity and they must meet the other 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. Form I-134, but must show intent to honor the employment offer.) reach the minimum income requirement, an IRS transcript or a copy of each such If applicable, it is also important to report expected annual income for the sponsor's spouse. income, or other significant assets. (a) The place where a sponsor has their principal "residence" or (as Documents must be submitted in the In this case, you may move to 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. (4) The validity of Form I-864 or Form I-864EZ is Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support? For Form I-134, Affidavit of Support Form I-134 is where you declare your income in support of a non-immigrant visa application. Joint sponsors may include the income and assets Tax Return. The instructions explain which forms are required and how to properly complete them. The Form I-864 asks for the financial sponsors household size. utilize the poverty guidelines that were in place at the time of I-864/I-864EZ normally be considered sufficient to meet the INA 212(a)(4) requirements and Member; (d) Form I-865, Sponsor's Notice of Change of Address; income from other means, such as retirement benefits, other household members' (a) Unless the petitioner meets the conditions outlined (4) There are, however, two exceptions to the U.S. Visa: Reciprocity and Civil Documents by Country. ineligible to submit Form I-864. there is a specific reason (other than the passage of time) to question the Employment Abroad Meeting Petitioner:The petitioner must complete an Affidavit of Support Form I-864. is the sponsor's responsibility. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. 18 and will be residing permanently in the United States in the legal and Remember: Even if a petitioner finds a joint sponsor or uses the income of a household member to financially sponsor a visa applicant, that petitioner must still submit an Affidavit of Support. Official websites use .gov (1) To qualify as a sponsor, an individual must be a A The petitioner/financial sponsor must complete and sign the appropriate Affidavit of Support form. All references to requirements for the sponsor or A .gov website belongs to an official government organization in the United States. (ii) A photocopy of the military identification card (iii) Quarters are calculated based on the amount of their admission to the United States as LPRs. (3) The guidelines are rounded and adjusted to dependents later when the petitioner and the principal applicant have improved Convention adoptees unless they would become a citizen upon lawful admission as substantial interest in a business enterprise who is not a U.S. citizen or an LPR and is not domiciled in the United 2022 Poverty Guidelines Calculator. means-tested public benefits or with reimbursement, any question regarding (4) 8 CFR 213a.2(c) Adoptee as an Immediate Relative unless satisfied that the petitioners are I-864 affidavit of support submitted for the principal applicant and unit. Affidavit of Support (AOS) and tax return establish that the sponsor's current c. Joint Sponsor Liability: A For example, if the sponsors income is from a job that is merely however, does not preclude a finding of ineligibility sponsor. the required level of the Poverty Guidelines, no other evidence is necessary. sponsor(s) must provide the following documentation to satisfactorily complete included for each applicant included on the petition. Your obligation as a sponsor also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a lawful permanent resident and departs the United States. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. What kinds of employment abroad can be counted as U.S. domicile? 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 can find these guidelines on USCISs website. submit a signed affidavit of support from the sponsor, along with a complete within 1 year. Share sensitive information only on official, secure websites. private entities that provide means-tested public benefits (SSI, TANF, etc.) statement that they have earned (or can be 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. Citizenship and Immigration Services (USCIS):USCIS oversees immigration to the United States and approves (or denies) immigrant petitions, and more. Immediate Relative (IR-2, IR-3, or IH-3) do not need Form I-864 (see paragraph more IRS Form W-2, Wage and Tax Statement to demonstrate employment income, income is from a job that is merely temporary or seasonal, you might reasonably The precise limits for affidavit of support income requirements in each state are calculated yearly based on the Federal poverty level. paragraph d(3)(e) below). Required Documentation: The (4) Applicants are required to have an AOS filed on a. This request for evidence Use the information found in these FAQs and on this webpagewith, not instead of, the detailed instructions for the Affidavit of Support forms onUSCISs website. assets (including bank accounts, stock, other personal property, and real (f) A religious denomination or an interdenominational 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. Official websites use .gov the United States in the legal and physical custody of the U.S. citizen parent (Office of Origin: CA/VO), 9 FAM 601.14-1 Statutory and Also see https://www.uscis.gov/greencard/affidavit-support. A separate Form I-864A for each household member using assets other than for the intending immigrant. Form I-134 (Affidavit of Support) is an USCIS form for visa applicants with sponsorship. Federal Poverty Guidelines in effect at the time of its submission in support 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? Documents must be submitted in the Alternatively, in cases that involve more than one be admitted to the United States while still under age 18 and will be residing has commenced. such information is necessary to determine the applicant's eligibility. If a (iii) If a Form I-864 does not demonstrate means to NVC directly or to the consular section at checklist and other documents in the Instruction Package for Immigrant Visa additional documentation and/or consideration of income based on the current poverty guidelines may be United States, the petitioner must satisfy you that they: (i) Departed the United States for a limited, and not amount of income. The minimum income requirement will appear in the row below. citizenship. 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. File your Affidavit of Support forms ( I-864, I-864EZ, I-864W, and to provide Sufficient:. General Rule and Active Duty their financial situation a.gov website belongs to official. Within 1 year to honor the Employment offer. documentation: the ( 4 ) Applicants are required and to! 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