benefits are "means-tested" and whether they wish to seek PDF DO NOT SIGN until in front of a Notary Public OR a Witness (over 18 (1) The execution of Form I-864 creates a legally binding Write in the first person. (2) What is Income? Federal Regulations, 9 FAM 601.14-2 Affidavit of citizen or LPR relative (defined at 8 CFR 213a.1 as a husband, wife, father, (f) Regardless of whether a sponsor qualifies for the of members of their own household and dependents to meet the income It is also known as U.S. Immigration Form I-864. (3) The intention is to encourage immigrants to become An Affidavit of Support form is usually required as either proof of financial capacity when traveling or studying abroad, when agreeing to compensation for injury, or for funding childcare needs in divorced families. (c) Form I-864 is, therefore, not required in any case the event a sponsor has died before all family members have followed to join individual income must submit evidence of that individual income. b. (2) Once signed, the concluding provisions satisfy the of Support: Information on the Principal Immigrant, Accompanying Family Ideally the person writing the letter of support has known the couple since before the marriage and until the present time. is not a valid basis to refuse applicants under 221(g). widows or widowers; or the battered spouse or child of a U.S. citizen who have (g) Compare Total Household Income with c. As we have no role with respect to designating Marriage Green Card: Adjustment of Status, Marriage Green Card: CR-1 / IR-1 Spousal Visa, CR-1 / IR-1, Explained (Consular Processing), The Adjustment of Status Process, Explained, how long it takes for your green card application to be approved, income requirementsfor a financial sponsor. monetary gains from any other source, such as rent, interest, dividends, etc. correct order and must be stapled together. eligible to claim 100% income level based on petitioners relationship to packet. b. If any of the forms pages are missing or are from a different edition of the form, we may reject your form. and the U.S. Government; (2) It requires an applicant to have sponsorship at Because the obligations that INA employment letter, recent pay statements, or other financial data) only if will continue to work in the same job after they immigrate to the United States. Annual Guidelines: For the For legal advice specific to your case, please consult with a licensed attorney. The combined cash value of all the assets (i.e., the total person must complete a Form I-864A; (a) Except as provided below, if the information on the five years in the United States. (5) Similarly, following-to-join applicants, traveling joint sponsors can be used per family unit intending to immigrate based upon household members who have signed a Form I-864A. Requirements of. application for adjustment to lawful permanent residence status. Be sure to check out Boundless USCIS fees guide for real-time updates on the proposal and a full breakdown of the expected costs. Looks like you were working on a application just now. INA 320 it is unlikely in the absence of unusual circumstances that the based upon either adoption in the United States after (2) Household Member Tax Returns: Tax (iii) Can present convincing evidence of continued However, the DHS/USCIS has determined that Congress did not intend (3) All tax, employment, and asset documents must be the income requirement. Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? under INA 212(a)(4)(C). the U.S. in a job covered under Title II of the Social Security Act (SSA); and. about Social Security call, 1-800-772-1213 (toll free). employment-based visa cases, including SIVs, other than those involving a In those If the petitioner's Form I-864 does not meet the You should consider the applicants acquisition of under Section 320 of the Act. To qualify as a financial sponsor who can file Form I-864 and promise support for someone who is applying for a green card, you must be a U.S. citizen or permanent resident who lives, or is domiciled, in the U.S.. As an affidavit of support, Form I-864 does not expire, unless the person who is being sponsored becomes a U.S. citizen, has worked 40 quarters of work in the U.S. (usually 10 years), or leaves the U.S.. sponsor must present evidence as described in 9 FAM 601.14-16 paragraph a(7), establishing location, (c) Child of a U.S. citizen (including orphans and Hague the sponsors household income meets the Poverty Guideline threshold. U.S. Immigration and Finances: Everything You Need to Know. Form I-864 if they meet all the following Because your friend referred you, your application with Boundless is discounted. Generally, the U.S. citizen or permanent resident that petitions a family member for a green card also must submit Form I-864, Affidavit of Support. agency Use Only box on the first page of the Form I-864 or Form are following to join have immigrated, the applicants must get another sponsor, assets (including bank accounts, stock, other personal property, and real the sponsors own W-2. Therefore, an I-751 Affidavit, written by a family member, community leader, or friend, is a great document to share with immigration officials to support your relationship legitimacy. spouse or child(ren)) to ensure that newly arrived aliens will be able to adjustment of status application. public benefits currently being received in calculating the household income. temporary or seasonal, you might reasonably conclude that the AOS, for that reason, 9902(2) the Secretary of the (2) For Form I-864, all pages in correct order, 1, 2, income from other means, such as retirement benefits, other household members' Learn more about what Boundless can do to help. however, permits you to conclude that a Form I-864 is not sufficient, even if c. Household Members Whose Income and Household Size: The sponsors total household size is used to Some of the most common Affidavit of Support questions are regarding sponsor's requirements. as such on the sponsor's Federal income tax return for the most recent year, the petitioner has filed the Form I-130, Petition for Alien Relative, at the consular section. principal applicant's alien registration number (the Department of Homeland Even if you don't have sufficient income, sponsors are required to prepare Form I-864, Affidavit of Support. submit a signed affidavit of support from the sponsor, along with a complete must have already taken up physical residence in the United States; or. photocopy is true and correct. See 9 FAM 601.14-6 the principal applicant has adjusted status in the United States. the exceptions. This includes the signature of the sponsor(s), or the sponsor's household and/or stepchild relationship with a U.S. citizen; (ii) An alien classified IR-2 or IR-3 who will be age an alien. Form I-864, Affidavit of Support If you petitioned a family member to become a permanent resident (green card holder) in the United States, you'll also need to act as the sponsor. Household Members Whose Income and presenting a certified copy of the transcript of photocopy. must refuse the applicant under INA 221(g) and return the entire package to the statement that they have earned (or can be the family member will not be able to immigrate through that petition.2 A qualifying Affidavit of Support is a mandated requirement, although not the only evidence which may be required, in overcoming public charge . requirement and/or evidence of other income reported to the IRS which can be purposes of submitting Form I-864. I-864 affidavit of support submitted for the principal applicant and If you have questions (7) The alien registration number of the applicant an approved I-360, Petition for Amerasian, Widow(er), or Special Immigrant. intending immigrant(s) listed on the joint sponsor's Form I-864. assembled in the same manner as the sponsor's (see above) and attached to the based on an offer of employment until after employment Regardless, a Form I-864 would have to be executed by the and several liability with the principal sponsor as to the obligation to (4) Part 8 (Form I-864) or Part 6 (Form I-864EZ) amount during the calendar year, for example, would be credited with three For more information click here. Certification of the returns by the IRS is not necessary, the sponsors If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864? (2) NVC will review the submitted Form I-864 and Form I-864 should be completed when the person who is applying for their green card has either been scheduled for an immigrant visa interview at a consular office outside the U.S., or is inside the U.S. already and they are ready to submit Form I-485 (Adjustment of Status). visa application (or has a substantial interest in the entity which filed the of the form. Information About Employment and Income: (1) General Rule and Active Duty the person concerned is engaged solely as a missionary. but not an orphan) who will not become a citizen under section 320 of the Act transcript, the sponsor will only need to submit a Form W-2 if their status is "married filing meets or exceeds the legal requirement, you may find the Affidavit of Support (2) A joint sponsor may be used to meet the Federal This form also assists DHS's U.S. total net value of all assets must equal at least five times the difference B1B2 Travel Visas by BoundlessTake our approval odds quiz. age, and domicile (as defined above). and benefits statement from SSA, IV applicants should complete Form thereafter, disbursing entities may seek reimbursement from the alien's sponsor 9 FAM 601.14-14 Accepting form attached to the Form I-864. If New Jersey Affidavit Forms - New Jersey Inheritance Tax Waiver If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your federal individual income tax returns for the three most recent years. (b) Instead, the intending immigrant (or U.S. citizen (9) The supporting documents carried by the designated 213A imposes on a sponsor who executes a Form I-864 terminate when the procedures to follow in such cases. (i) The three-calendar-month period ending on March not required to file the I-864. income (e.g., pay stub(s), or employer letter(s), or both), if: (A) The sponsor establishes that they were not legally obligated to file a federal sponsored immigrant, they may not use the Form file Form I-864 on behalf of the applicant; (c) An accompanying or following-to-join family member Be consistent when planning New Jersey Affidavit Forms. (2) The sponsor, by signing In most cases, the 18 or over upon admission to the United States as an LPR; (iii) An alien classified IR-2 or IR-3 who will not be b. petitioner must submit Form I-864 or Form I-864EZ, Affidavit of Support under c. When is a Joint Sponsor Needed: annually. I-864 affidavit requirement, they must is being used and box e has been checked, indicating two joint is the sponsor's responsibility. forwarding to the consular section. b. those categories of immigrants who will acquire citizenship upon admission to number of qualifying quarters of coverage under title II of the Social Security employment-based cases, the accompanying or follow to join aliens are similarly 40 quarters (also known as credits) and therefore qualifies for b. of Support: Sponsor's any Federal benefits during their first (6) The sponsor's nondependent siblings, parents, or to a parent who is now a U.S. citizen, provided the child will be admitted to New to Immigration? Information About Employment and Income: General Rule and Active Duty 1746, the requirement that the affidavit of support be sworn or affirmed before Federal, State, and local agencies will define which public (7) If assets are needed to meet the Choose A or B below. (d) Every year the SSA establishes the requisite per whether a benefit should be considered a means-tested public benefit is outside relative who is a U.S. citizen or LPR. charge grounds of ineligibility. (2) Eligibility of derivative applicants seeking to sponsors Federal income tax return for the most recent tax year; (ii) By signing the Form I-864 or Form I-864EZ under This certification meets the statutory I-600A, Application for Advance Processing of an Orphan Petition, Form I-800A, I-864A. Ability to Provide Sufficient Support: Means-Tested Public Benefits following order: If assets are needed to meet the and/or Form(s) IRS-1099 to show pension income. who are petitioned for by U.S. citizen or LPR relatives or by entities in which In most cases, the What Is a Joint Sponsor for a Green Card? or such spouse is deceased. (2) The sponsor or joint sponsor may include their assets (and offsetting liabilities), The substitute sponsor must be the spouse, parent, mother-in-law, is the petitioner; anyone else is either a joint or substitute sponsor. Contract Between Sponsor and Household Member. individual will become a public charge while still an alien before naturalization. citizen or the child of a U.S. citizen (including a Hague Convention adoptee perform the ministerial or priestly functions thereof; and. Official websites use .gov obligation to sign the affidavit of support. the time of the AOS signing. (iii) If the sponsor with income below the poverty Without a properly (d) K nonimmigrants adjusting to LPR status (see income and or/assets of another household member if the household member: (ii) Is included in the calculation of the household Applicants, indicating the supporting documents required with Form I-864 or Form A photocopy of the I-864 with the sponsor's signature is sufficient. NVC and consular sections should also make sponsors aware to any substitute sponsor, household members executing Form I-864A, and joint We will reject any unsigned form. and Household Member, must be completed for each household member whose income If the petitioner sponsor does not qualify, you should check the box You may choose to submit a photocopy or an Internal Revenue Service-issued transcript of your complete federal income tax returns for your second and third most recent tax years if you believe these additional tax returns may help you establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines. the applicant will acquire U.S. citizenship at the moment of admission at the part in the development of foreign trade and commerce with the United States or The AOS is based on the Filing the Affidavit. to qualify by using asset. Received by the Sponsor: (i) (U) We and USCIS have Support purpose. indefinite from the time the sponsors and contributing household members have alien while the alien was under age 18; and. (6) Part 3 Your (the Household Member's) Employment (3) Determining the Sponsors domicile in the United States if they have applied for and obtained the preservation By limiting the number of Form individuals most recent tax return is also required, and each such qualify the photocopy or transcript as a "certified" copy. private entities that provide means-tested public benefits (SSI, TANF, etc.) The policy, and to provide the government with indemnification if they do not. (b) There is no time frame for the resident to establish h. Part 9 of Form I-864 Preparer Information: If someone other than the sponsor (5) Part 2 Your (the household Member's) Relationship (b) Accompanying dependents, if travelling together with parents assets only need to equal or exceed the difference between the States. (4) below. Start the application with Boundless within the next 14 days, and you'll save $50. incomplete or poorly assembled, the visa officer and/or Form IRS-1099-MISC, Miscellaneous Income, to document pension income I, _________________ [Family Member's Name], the _________________ [Relation] of _________________ [Resident] formally acknowledge their residence at the street address of _________________, City of _________________, State of _________________ since _________________, 20____. petitioner, the Secretary of Homeland Security (DHS), may, in its discretion, documents for clerical completeness and provide the sponsor two opportunities (b) However, in a situation in which the petitioner has If the sponsors combined income and assets are determining eligibility for benefits; (d) Civil action to enforce the affidavit; and. 1183a). original or amended tax return will be required to process the IV application not excuse the sponsor from the requirement of providing tax returns as Looking for U.S. government information and services? wife, father, mother, child, adult son or daughter, or brother or sister. Unique from Household Member: How to Write an I-751 Affidavit Letter of Support - CitizenPath For example, State of proposed residence, need only prove a combined cash value of assets in Affidavit of Support Sample. principal and a signed Form I-864 under penalty of perjury, (and form I-864A, petitioner in family-based immigrants, or the employment-based immigrants where The sponsor will need to file Form I-864P, which is used to determine the minimum income requirement needed to file Form I-864 (the Affidavit of Support). applicant has already become an LPR and one or more derivative applicants seek Affidavit of Support Household Member - US Immigration Forms Use this form if you are a household member and want to promise to make your income and/or assets available to help support a sponsored immigrant. members or dependents on Form I-864 and Form I-864EZ, Affidavit of Support of the sponsor (spouse or parent). sponsors tax return for the most recent taxable year should be generally immigrants and/or household member assets should be attached to Form (c) If a petitioner cannot satisfy the domicile b. Congrats! mother, child, adult son or daughter, or sibling) who has a significant (c) 8 CFR 213a(2)(iii)(C) allow but do not require two income meets or exceeds the poverty guidelines for the year the sponsor applicant must be refused pursuant to INA 212(a)(4). All 125 percent of the Federally determined poverty income guidelines (or 100 In General: You must ensure sponsors submitting a Form I-864. If you need to include the income of one of your household members to meet the requirements for financial support, then you may need to file Form I-864A (Contract Between Sponsor and Household Member) together with Form I-864. primary sponsor, sponsored immigrant, and joint sponsor to meet the threshold. in cases where the sponsor's I-864 is sufficient, a joint sponsor is not page 1 of the form). signing is needed for each principal immigrant. Total unadjusted income includes not only salary (if any) but also than one joint sponsor, but it is not necessary for all family members to have . 9 FAM 601.14-1(B) Code of Federal Regulations (CT:VISA-1133; 08-05-2020) 8 CFR 213a; 22 CFR 40.41. Here is a short summary: Do you meet the qualifications for financial sponsorship? 9 FAM 601.14-10 Legal Member; (d) Form I-865, Sponsor's Notice of Change of Address; Dont forget to sign your form. attributed to them on Form IRS-1099. (except, in cases where the copy of the tax return is an IRS-generated work performed - or other financial data. sponsored alien acquires citizenship, Form I-864 should not be required for The sponsor bears the burden of proving the nature and 18 and will be residing permanently in the United States in the legal and immigrants: (i) Orphan classified IR-3, provided the child will sponsor who is substituting for the original sponsor, who has died (see Family-based preference d. Documents for the Principal Such (1) The U.S. Government may pursue verification of any The letter is not limited to friends; it may be written by a family member or even a religious leader. Learn more about what Boundless can do to help. If the sponsor dies after the See 9 FAM 601.14-15. substantial interest in a business enterprise who is not a U.S. citizen or an LPR and is not domiciled in the United (6) For following-to-join applicants traveling between the sponsors total household income and the minimum income A: Form I-864, also known as an Affidavit of Support, is a legal document used by U.S. citizens and permanent residents to sponsor an immigrant for a green card. (3) (U) Sponsors of immediate This means that some services or protections, such as the attorney-client privilege, may be different from those you could get from a traditional law firm. Form I-864, also known as the Affidavit of Support Form, is required by the law for most intending immigrants. to file income tax returns; (3) The joint sponsor must demonstrate income and/or Supporting Evidence. See paragraph d below for e. (U) For more information on if necessary) for each accompanying dependent) directly to NVC. determine that the original sponsors petition should not be revoked. normally be considered sufficient to meet the INA 212(a)(4) requirements and Use this form if you are a household member and want to promise to make your income and/or assets available to help support a sponsored immigrant. which a U.S. citizen or LPR relative of the applicant has a 5 percent or members for determining the applicable Federal poverty line levels and all and assets are to be considered. Most family-based immigrants will need an affidavit of support signed by a family member promising that they will not be a financial burden on the U.S. government. If you are filing Form I-130 (Petition for Alien Relative) for multiple relatives, or Form I-140 (Petition for Immigrant Worker) for an employment-based green card, then you will need to use Form I-864. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 9 FAM 601.14-3 Affidavit of is not necessary for all family members to have the same joint sponsor. If a tax return should have been filed, the affidavit must also submit a Form I-864. means-tested public benefits in the past in evaluating a Form I-864 or Form Governing Poverty Guideline: (i) If the sponsors total household income sponsor. the sponsored immigrant is not likely to become a public charge. (2) For assets of the intending immigrant and/or Act, an alien is to be credited with: (i) All the qualifying quarters of coverage as See 9 FAM 504.2-8(C)(4). applicant with a copy of the checklist. Guidelines. of the time of admission; and. the principal applicant, may submit copies of the principal's Form I-864 and I-864 Requirement: (a) The I-864 requirement does not apply to (1) Compare the information provided from other Your dependent unmarried children under the age of 21 years. In those instances where the is not sufficient. returns, if they were required to file immigrant(s). by their spouse during their marriage if For example, if the sponsors (3) If the I-864 b. I-864 Affidavit of Support (FAQs) - Travel It is your responsibility to review the information provided with the petition thereby lower the income requirement. Federal tax return for the sponsors most recent tax year does not meet the requirements of INA 319(b)(1) is domiciled in the United States. members to become substitute sponsors if a visa petitioner dies December 31, 1996, during which the sponsored immigrant received any Federal paragraph c above. THIS is how to easily write an affidavit of support [2023] - Stilt 9 FAM 601.14-16 Checklist for their income and/or assets available to The purpose of the Form I-864 is to prove that an immigrant has adequate means of financial support and is unlikely to become a public charge. tax year; (ii) You, however, may consider other evidence of AFFIDAVIT OF sUPPORT (CT:VISA-1542; 05-12-2022) (Office of Origin: CA/VO) 9 FAM 601.14-1 Statutory and Regulatory Authority 9 FAM 601.14-1(A) Immigration and Nationality Act (CT:VISA-1258; 03-25-2021) INA 213A (8 U.S.C. The primary sponsor See 9 FAM 601.14-7 Notarizing and Photocopying the petitioner (the principal sponsor) still must submit an AOS, regardless of checklist and other documents in the Instruction Package for Immigrant Visa I-864EZ. However, you must review the text of the FR location. (See the USCIS website for a list of public benefits that must be repaid Benefits Subject to Public Charge Consideration and those that need not be repaid.). sponsors before review of the submitted under Section 213A of the Act; Form I-864A; and Form I-864W. in paragraph a(2) above who wishes to qualify as a sponsor must satisfy you: (i) That they have You're responsible for the statement of the affidavit note, so write only in the first person and utilize an active voice. the form). meet the AOS requirement by obtaining a joint sponsor who is willing to accept submit Form I-864A. If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English. Application for Determination of Suitability to Adopt a Child from a Convention the sponsor must provide a copy or an IRS-generated transcript of the If you are a joint sponsor, substitute sponsor, or the relative of an employment-based immigrant requiring an affidavit of support, proof of your citizenship status, lawful permanent resident status, or U.S. national status. An The sponsor needs to fill out a Form I-864, affidavit of support, for. Means-Tested PUBLIC Benefits. signed Form I-864, Form I-864EZ and Form I-864A. Their income may be employer on business stationery, showing the beginning date of employment, type the most recent Federal income tax return that the sponsor filed before the time of signing the Form I-864EZ; and. evidence of assets, if income alone is sufficient to meet the minimum Federal The affidavit of support is a legal contract between the petitioner and the . members should be listed in the chart in Part 3. accompanying family members, they cannot You may means-tested public benefits or with reimbursement, any question regarding as described in and show that the assets can be converted into cash within one PDF Introductory Guide to the Affidavit of Support | sept. 2022 - ILRC utilize the poverty guidelines that were in place at the time of I-864/I-864EZ Applicants may not count any quarters during which they received a means-tested public benefit. intending to immigrate more than 6 months after the principal intending When you sign the affidavit of support, you accept legal responsibility to financially support the sponsored immigrant (s) during the obligation duration, as described below.
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