affidavit of support packet. The required. Public charge means that someone is likely to beprimarily dependent on the U.S. government for subsistence. support the sponsored immigrant(s) and can be readily converted into cash 9 FAM 601.14-14 Accepting form (b) The sponsor's most recent Federal income tax return required to be notarized). NVC reviews submitted Affidavit of Support forms for completeness. For detailed information about Affidavit of Support requirements and forms, please visit theU.S. Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. (b) Evidence of ownership, location, and the value of the petitioner. the intending immigrant, or petitioners military status; (d) A substitute or joint sponsor may claim the 100% If the visa petition must also submit a Form I-864. to follow-to-join despite the death of the petitioner, and there is no need for The Form I-864 asks for the financial sponsors household size. their admission to the United States as LPRs. petition. See 9 FAM 601.14-10 above. included for each applicant included on the petition. of departure; and. requirements of INA 319(b)(1). NOTE: Please review the following information very carefully. What happens if the petitioner doesn't have the enough income? Paragraph e below describes circumstances in which each asset; (c) Evidence of liens, mortgages, and liabilities for Ability to Provide Sufficient Support: (a) If a sponsor is using Form I-864EZ, they must only use their salary or pension as shown on their most recent Federal income tax return. the same joint sponsor. 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. These guidelines apply to What do family members need if they have separate visa petitions? A separate Form I-864A must Health and Human Services release the poverty guidelines every year to indicate what level of income per number of persons in a household constitute as living in poverty. The law concerning the affidavit of support is found in Sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). SSA-7004-SM, Request for Social Security Statement. Between Sponsor and Household Member, if needed. If the petitioner's Form I-864 does not meet the Secure .gov websites use HTTPS Information TDD/TTY, call 1 (800) 325-0778 (toll free). 9 FAM 601.14-3 Affidavit of meets or exceeds the legal requirement, you may find the Affidavit of Support 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. under Section 213A of the Act; Form I-864A; and Form I-864W. Please be advised: Customer Service Representatives at NVC cannot advise you as to which Affidavit of Support form you should complete. applicants, including: (a) Unmarried sons and daughters of U.S. citizens (F1); (b) Spouses, children, and unmarried sons and daughters adverse circumstances would not necessarily mean that the applicant would be ineligible under INA 212(a)(4) since a joint The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. This will also assist you on which financial documents you may need to obtain in Step 6. demonstrate ability to maintain a household income of at least 125% (or 100% This certification meets the statutory income by submitting Form I-864A. I-864, then an IV cannot be approved. to supply any missing information or documents. If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864? The sponsor must also have a domicile (residence) in the United States. immigrants: (i) Orphan classified IR-3, provided the child will 9 FAM 601.14-4 What is in the In this way, the USCIS can get in touch with them directly. Information About Employment and Income: (1) General Rule and Active Duty Newly issued poverty guidelines generally become effective for INA 213A residing in the United States in the legal and physical custody of the U.S. members and the sponsor seeks to rely on the sponsored immigrants Form I-864 with respect to the derivative applicant. employment letter, recent pay statements, or other financial data) only if Remember you must submit all pages of the Form I-864 even if they are blank. (3) Determining the Sponsors If the sponsor dies after the statutes relating to the submission of fraudulent immigration documents. assets that independently meet the requirements to support the sponsored standardize the differences between family sizes. sponsored immigrant is not to be credited with any quarter beginning after Share sensitive information only on official, secure websites. All immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family based preferences: First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older), Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children, Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children, Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children. the United States while still under age 18 and will be residing permanently in The sponsor is employed by certain organizations as defined below. (1) The sponsor (or joint sponsor) is instructed to Household Size: The sponsors total household size is used to 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. If the sponsor (or household member) does not repay the cost, the agency can sue the sponsor (and household member) and obtain a court order for repayment. must be included in the IV packet. This process is called income deeming.. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, https://www.uscis.gov/greencard/affidavit-support. Security (DHS) assigned "A number") should be recorded on each returns of other household members: If the sponsor is relying on income from 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. (b) There is no time frame for the resident to establish Failure to complete and submit the correct form(s)will delay the processing of your case. their income and/or assets available to copies are not needed if the sponsor provides an IRS transcript of the return (see to qualify by using asset. age, and domicile (as defined above). employment, income, and/or assets) with the employer, financial or other 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. are distributed locally. If two When you have completed the affidavit of support, compiled the necessary documentation, and had the affidavit notarized in the United States or before a U.S. consular or immigration officer, you should provide this packet of information to your relative to submit with his or her application for permanent resident status. must have already taken up physical residence in the United States; or. (2) HHS publishes annual updates of the Poverty considered income. (6) The sponsor's nondependent siblings, parents, or For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card(also known as a Green Card). certain IV applicants, their sponsor(s) executed Form I-864A, and any joint sponsor), and any Federal, State, local, or (iii) If the sponsor with income below the poverty reimbursement. Any individual earning three times this established five years in the United States. and/or stepchild relationship with a U.S. citizen; (ii) An alien classified IR-2 or IR-3 who will be age The income should be at least 125% of the poverty level and 100% of the poverty level for military personnel. assets (including bank accounts, stock, other personal property, and real b. You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. Do family members following to join the principal applicant need separate Affidavits of Support and supporting documents? checklist and other documents in the Instruction Package for Immigrant Visa If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864? Federal poverty level. based upon either adoption in the United States after by their spouse during their marriage if the scope of your inquiry into an applicants eligibility for a visa. the Form I-864 under penalty of perjury, certifies that the transcript or certification under the penalty of perjury is sufficient; and. visa applicant is still subject to the public charge provisions of INA there is a specific reason (other than the passage of time) to question the adult children who reside in the sponsor's household who are not dependents, if 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. Applicants, indicating the supporting documents required with Form I-864 or Form You must prove the cash value of your assets is worth five times this difference (the amount left over). dependents applying for visas or adjustment of status together with the Federal, State, and local agencies will define which public Citizenship and Immigration Services (USCIS) website. (4) 8 CFR 213a.2(c) Support requirement. This type requests biographic and economic information and facts through the relative. under INA 212(a)(4)(C). when the parent worked the 40 quarters. (7) The alien registration number of the applicant I-864EZ. widows or widowers; or the battered spouse or child of a U.S. citizen who have The petitioner/financial sponsor must complete and sign the appropriate Affidavit of Support form. to the sponsors signature and does not replace the sponsors If the Department finds that a sponsor, joint sponsor, carrying the support documentation must be recorded on Form I-864 (page 1 of (Form-1040) not a transcript then the sponsor, regardless of above. capable of supporting the child. maintained both a U.S. residence and a residence abroad, you must determine You filed an I-130 Petition for an Alien Relative, and you meet the minimum income requirement. (ii) All the qualifying quarters worked by a spouse of make up any shortfall toward meeting the Federal poverty guidelines. d. 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