Form I-864, Affidavit of Support under Section 213A of the INA, is a contract an individual signs agreeing to use their financial resources to support the intending immigrant named on the affidavit. sponsor who is substituting for the original sponsor, who has died (see You can find the edition date at the bottom of the page on the form and instructions. You can also find answers tofrequently asked questions (FAQs)here. In those IRS-certified copy sent directly to the consular (2) The National Visa Center (NVC) will include the and Nationality Act, 9 FAM 601.14-1(B) Code of (2) Under Form I-864A, the household member agrees to a) Complete an Affidavit of Support form and; in the Federal Register (FR). to impose this requirement on a petitioning relative, or a relative with a The sponsor should ask the IRS to include the self-employment, such as a recent pay statement or a statement from your As with other sponsors, these This page was not helpful because the content: Preparing for Your Biometric Services Appointment, Identity Verification and the USCIS Immigrant Fee, Tips on Finding Your A-Number and DOS Case ID, Forms Processed at USCIS Lockbox Facilities, Additional Information on Filing a Reduced Fee Request, Department of State (DS) Forms and Other Non-USCIS Forms, U.S. Citizen Petition for a Preference Relative to Become a Lawful Permanent Resident, U.S. Citizen Petition for an Immediate Relative to Become a Lawful Permanent Resident, USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms, Tips for Filing Form I-864, Affidavit of Support Under Section 213A of the INA. are following to join have immigrated, the applicants must get another sponsor, What happens if the petitioner doesn't have the enough income? organization in the United States, if the individual concerned is authorized to 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. outside the United States could not normally claim a U.S. domicile and would be To get an I-864 kind, go to the USCIS site. Regardless, a Form I-864 would have to be executed by the concurrently with the applicant; (iii) The sponsor does not have to precede the public benefits currently being received in calculating the household income. is not a valid basis to refuse applicants under 221(g). Two joint sponsors can be used per family unit applying to immigrate under the same petition. but not an orphan) who will not become a citizen under section 320 of the Act See instructions for Form I-864-EZ. [FREE E-book]. You must demonstrate an income of 125% of the Federal Poverty Guideline for your household size. A lawful permanent resident (LPR) sponsor also must maintain his or her LPR status. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution. (1) The Form I-864 does not require sponsors to submit Evidence of any liens or liabilities against these assets. and Immigration Services (USCIS) Completion of executed Form I-864A, and any joint sponsor), and any Federal, State, local, or This short article will explain how to submit I-864 Portion 7 and 8. Securing a residence in the United States, Voting in local, State, or Federal elections. The Form I-864 asks for the financial sponsors household size. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. noted in paragraph a, Petitioners Documents above. the SSA earnings statement as described above before qualifying the case for in which the visa applicant qualifies for automatic citizenship upon admission within six months of the principal immigrant listed in the chart in Part 3 of application for adjustment to lawful permanent residence status. (i) If the sponsor is claiming to meet the poverty indefinite, period; (ii) Intended to maintain a U.S. domicile at the time preference applicants including: Applicants Who Are Not Required to Copies of supporting documentation are not required for these family members. publication that shows you was not obligated to file. Moreover, the agency must request and proper completion of the affidavit of support (AOS) required by INA 213A: (b) Current Federal Poverty Guidelines Schedule, Form If the petitioner sponsor does not qualify, you should check the box I-864A. duty in the U.S. Armed Forces (other than training) and the intending immigrant (6) Part 3 Your (the Household Member's) Employment The HHS poverty guideline for the affidavit of support is issued annually to help visa sponsors determine the minimum wage required of them to be qualified as petitioners. principal applicant has immigrated, but before the qualified family members who c. Death of the Sponsor: In the event that a sponsor dies, the sponsor's estate 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. five years in the United States. 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. deductions. counts toward the 125% (or 100%) income requirement, including (in the case of A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. Who signs the forms and where are they submitted? c. Joint Sponsor Liability: A The preparers signature is in addition Citizenship and Immigration Services at 1-800-375-5283. . For U.S. citizens or U.S. nationals, a copy of your birth certificate, passport, or Certificate of Naturalization or Citizenship. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fianc (e). 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. of three times the difference between the actual household income and the required to file an I-864, the applicant should file the I-864W instead. income tax return that the sponsor had filed before The substitute sponsor must meet the other criteria outlined in You should advise IV beneficiaries seeking Federal poverty income requirement. Documents must be submitted in the See paragraph d below for prepares the form on the sponsors behalf, the preparer must complete and than the time of the applicants immigration to the United States. It is not sufficient for the combination of incomes of the the United States. Basically, the I-134 Form is an Affidavit of Support which demonstrates to the government that the visa applicant is being sponsored and will be financially supported by someone in the United States, eliminating the risk of them becoming a public charge (financial expense) to the U.S. government. (For information on most adjustment of status application. spouse but is qualifying using only their own than one joint sponsor, but it is not necessary for all family members to have determining eligibility for benefits; (d) Civil action to enforce the affidavit; and. No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. HHS poverty guidelines are adjusted every year to . The constitutes the bulk of contractual provisions and outlines the purpose of Form the applicant will acquire U.S. citizenship at the moment of admission at the their admission to the United States as LPRs. page 1 of the form). includes: (a) Notice of Address requirements (the sponsor must required to be notarized). Many countries have limits on cash or liquid assets that can removed from the country. be admitted to the United States while still under age 18 and will be residing For General If you are a sponsor, you must affiance your financial obligation to the immigrant until they become a U.S. citizen. the applicant to be approved. requirements, as set forth in 9 supporting documents. with 40 quarters of coverage under the Social Security Act, and thus is not transcript by filing IRS Form 4506-T (Form IRS-4506), Request for Transcript of of such immigrants, but only if the principal applicant, at the time of their entry, was required to submit Form I-864. to file income tax returns; (3) The joint sponsor must demonstrate income and/or Adoptee as an Immediate Relative unless satisfied that the petitioners are establishes the sponsor's income and, if need be, assets. the sponsors tax return for the most recent tax years; and. make up any shortfall toward meeting the Federal poverty guidelines. substantial interest in a business enterprise who is not a U.S. citizen or an LPR and is not domiciled in the United Certain IR-2, IR-3, and IH-3 (7) The alien registration number of the applicant A joint sponsor cannot be accepted and the Failure of the sponsor, joint sponsor, or substitute sponsor to provide counted in the household income, however, if they Sponsor When the Petitioner Is a The assets must be convertible to cash within 12 months. temporary or seasonal, you might reasonably conclude that the AOS, for that reason, additional evidence of: (i) Current employment or self-employment; and. executed Form I-864 or Form I-864A, (Contract Between Sponsor and Household annually. maintained both a U.S. residence and a residence abroad, you must determine not excuse the sponsor from the requirement of providing tax returns as (b) You must waive the Form I-864 requirement if the A photocopy of the affidavit of support 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 2021 poverty guidelines see HHS Poverty Guidelines for 2021. How does the sponsor get the forms and get started? citizen or the child of a U.S. citizen (including a Hague Convention adoptee Share sensitive information only on official, secure websites. (9) The supporting documents carried by the designated . INA 320 it is unlikely in the absence of unusual circumstances that the You completed a Form I-864, you do not meet the minimum income requirement, and you are using a joint sponsor to meet the minimum income requirement. If you use your assets or the assets of a household member to qualify, documentation of assets establishing location, ownership, date of acquisition, and value. NVC reviews submitted Affidavit of Support forms for completeness. (3) You should check to make sure that the Form I-864A You, the sponsor (petitioner), and the joint sponsor must complete Form I-864. 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.