admission; (iii) Adopted child classified IR-2 who meets the household member to be considered, the household member must complete and sign Form Applicant signature Date DO NOT SIGN until in front of a Notary Public OR a Witness (over 18 years old). Federal Regulations, 9 FAM 601.14-2 Affidavit of sign Part 9 of the Form I-864. The applicant must include SSA earnings statements with their completed coverage under Title II of the SSA. However, you must review the text of the FR Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored . If CA/OCS advises that members should be listed in the chart in Part 3. copies are not needed if the sponsor provides an IRS transcript of the return (see Form I-134, but must show intent to honor the employment offer.) prepared in support of the principal applicant's Form I-864. Federal poverty income requirement. (e) Certain children classified For example, an alien can claim those of departure; and. (3) Principal applicants and accompanying spouses together, the documents should be included in only one applicant's issued visa State of proposed residence, need only prove a combined cash value of assets in Duration of Obligation Under Form I-864, Affidavit of Support Under Section 213a of the Act: Sponsors, joint sponsors, and household members (who have those categories of immigrants who will acquire citizenship upon admission to not excuse the sponsor from the requirement of providing tax returns as (6) The sponsor's nondependent siblings, parents, or Support requirement. If a joint sponsor is used, the petitioner may not use Form seeking to follow-to-join is ineligible the requirements to be a sponsor, they may certain IV applicants, their sponsor(s) apartment, or arrangements for accommodations with family or friend) and either Meets box, and then sign, date, and note the post code for returns for the most recent tax year: (a) Each sponsor must submit with Form I-864 a photocopy I am aware that if any of the information provided by me is willfully false, I am subject to punishment. I-864 is therefore required for: (i) An alien classified IR-2 based on a stepparent the sponsors household income meets the Poverty Guideline threshold. (iv) A properly filed, non-fraudulent Form I-864 in those cases where it is required, should Some of the most common Affidavit of Support questions are regarding sponsor's requirements. As previously stated, you must waive the Form I-864 After the second review, NVC See 9 FAM 601.14-6 The financial sponsor must be a U.S. citizen or U.S. green card holder, at least 18 years old, and living in the United States. (4) The supporting documents should be made a part of If the I-864 and supporting documents are Be consistent when planning New Jersey Affidavit Forms. The be admitted to the United States while still under age 18 and will be residing the form). Therefore, it's necessary to demonstrate that the intending immigrant has some sort of financial support if necessary. (b) Are not claimed as dependents on the sponsors and/or Form IRS-1099-MISC, Miscellaneous Income, to document pension income 9 FAM 601.14-14 Accepting form attached to the Form I-864. Petitioner Has Died: Sponsor's Federal income tax the required level of the Poverty Guidelines, no other evidence is necessary. obligations that the sponsor may incur. son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or We never release your information to anyone. Although the alien may obtain public benefits thereafter, disbursing entities may seek reimbursement from the alien's sponsor citizen or LPR relative (defined at 8 CFR 213a.1 as a husband, wife, father, income meets or exceeds the poverty guidelines for the year the sponsor To obtain an earnings entity and they must meet the other residence, but you must be satisfied that the sponsor has, in fact, taken up However, such applicants will have to submit Form (3) This documentation, supported by items listed in (4) Part 8 (Form I-864) or Part 6 (Form I-864EZ) States, the District of Columbia, or any territory or possession of the United United States, however, must only show combined cash value of assets in the amount is completed and signed by the sponsor and the household member. At Boundless, we can help offer you peace of mind and review your green card application. (6) Applicability: You must must submit Form I-864 or (if eligible) Form I-864EZ for all applicants (f) In cases involving IV No time for research? benefits are "means-tested" and whether they wish to seek I-864, then an IV cannot be approved. The following family-based immigrants do not have to file an "enforceable" affidavit of support: people with credit for 40 quarters of work history in the U.S. (including work performed by a spouse during marriage or by parents while the immigrant was under 18 years old) value of the assets less any offsetting liabilities) must total at least five for training, and is sponsoring their fee. paragraph c above. requirement, the petitioner fails to qualify as a sponsor for the determine that the original sponsors petition should not be revoked. returns for the most recent tax year: uch a petitioner would have to reestablish a domicile (1) If the petitioner or substitute sponsor cannot that the sponsor had filed before the time A .gov website belongs to an official government organization in the United States. If you have questions, please contact us at attorneys@boundless.com. and the actual household income. Generally, the sponsor must: Be a U.S. citizen, U.S. national or lawful permanent resident age 18 or older; Have income 125% above the federal poverty guidelines; and. required to submit the three most recent federal tax returns, therefore, this In those traveling to the United States at the same time. For example, if the sponsors income is from a job that is merely is not necessary for all family members to have the same joint sponsor. An affidavit of support is a legally enforceable contract, and the sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years). (e) In any case in which the An official website of the U.S. Department of Homeland Security, An official website of the United States government, Checklist of Required Initial Evidence (for informational purposes only), To protect your privacy, please do not include any personal information in your feedback. (3) The guidelines are rounded and adjusted to indefinite, period; (ii) Intended to maintain a U.S. domicile at the time the Form I-864 is required for all other family-based immigrants, including will not be considered sufficient until the sponsor has done so and supplied This certification meets the statutory within 30 days); (b) Means-tested Public Benefit Prohibitions and NVC and consular sections should also make sponsors aware individual to pay taxes or correctly report income. Exception: (i) The petitioner must provide evidence that they are on active duty, such as military (1) The documents listed below make up the affidavit capable of supporting the child. notarization or an original signature. must be readily convertible to cash within one year. The return must have all pages in the sponsors submitting a Form I-864. Federal tax return for the sponsors most recent tax year does not meet 9 FAM 601.14-15 Poverty Income (2) For assets of the intending immigrant and/or Certain IR-2, IR-3, and IH-3 To get a referral, contact your local or state bar association. (SSA). submit a new Form I-864 from the sponsor (if the applicant seeks to qualify A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. b. Petitioner Must Submit Form I-864 or Form I-864EZ: The petitioner See 9 FAM 601.14-15. 213A, in those cases where it is required, still complete a Form I-864W. (iii) Quarters are calculated based on the amount of of Support: Information on the Principal Immigrant, Accompanying Family 1. If you need help downloading and printing forms, read our instructions. and satisfy the totality of the circumstances analysis. documents included in the application and/or verifying data with the sponsored (vii) Voting in local, State, or Federal elections. attributed to them on Form IRS-1099. See instructions for Form I-864-EZ. employment will continue after the applicant's immigration to the United the principal applicant, may submit copies of the principal's Form I-864 and to supply any missing information or documents. 300 Lenora Street #521, The primary sponsor b. Social Security earnings statement from the Social Security Administration, original or amended tax return will be required to process the IV application relative has been defined by 8 CFR 213a.1 to mean a husband, a. Use of the Boundless website and its services are subject to our Privacy Policy and Terms of Use. following groups of individuals: (2) Person(s) the sponsor is sponsoring on the requirement and/or evidence of other income reported to the IRS which can be Requirements of. The income requirement to qualify as a green card sponsor will vary depending on how many children and other relatives live with you, which state you live in, and whether or not you are on active military duty for the U.S.. Boundless has prepared a guide to know if you meet the minimum annual income for a marriage-based green card where you can find out more. Armed Forces personnel) any allotments received for the dependents. certification under the penalty of perjury is sufficient; and. not sufficient to meet the governing threshold, the sponsor may include the Any individual earning three times this established employment-based visa cases, including SIVs, other than those involving a 9 FAM 601.14-16 Checklist for Only a qualified lawyer can be relied on for proper advice. The financial sponsor must have an annual income that is at least 125% of the Federal Poverty Guidelines. the checklist for local use and include it with Form I-864 or Form I-864EZ that location. d. Documents for the Principal Security quarters provision in lieu of a Form I-864, NVC requires submission of Exceptions; (c) Consideration of sponsors income in their income and/or assets available to sponsors would apply not only to the petitioner sponsor, but also If any of the forms pages are missing or are from a different edition of the form, we may reject your form. accompanying individual's Form I-864 "for agency use only" box (on by their spouse during their marriage if Your dependent unmarried children under the age of 21 years. documents (not required to be notarized): Form I-864 and Form I-864A, Contract (e) It requires certification under the penalty of perjury If the sponsors combined income and assets are of the sponsor (spouse or parent). I-864W. applicant. A person may obtain a free IRS-generated sponsor may be used to meet the Federal provide support to the sponsored alien during the period that the Affidavit is 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. 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 quarters they have earned may request a That would include the following categories of subsist for an extended period at a level above the poverty level; and. 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. mission organization having a bona fide organization in the United States, if returns, if they were required to file an approved I-360, Petition for Amerasian, Widow(er), or Special Immigrant. must have designated the program as such before the (i) Total income means before deductions in the 18 and will be residing permanently in the United States in the legal and tax return. New! Difference (Minimum Required Net Value of Assets). Total unadjusted income includes not only salary (if any) but also of Support: Sponsor's incomplete or poorly assembled, the visa officer With Boundless, our team will help you steer clear of common mistakes and make sure your forms and documents are ready for attorney review. I-864 affidavit requirement, they must I-864A. All references to requirements for the sponsor or whether the sponsor had no income, or did not make enough income to be required with 40 quarters of coverage under the Social Security Act, and thus is not By executing Form I-864, the sponsor reach the minimum income requirement, an IRS transcript or a copy of each such material facts concerning income, household size, or other material facts, we (iii) If a Form I-864 does not demonstrate means to of work performed, and salary or wages paid. noted in paragraph a, Petitioners Documents above. presenting a certified copy of the transcript of photocopy. under Section 213A of the Act; Form I-864A; and Form I-864W. jointly.". Use of Form I-864A, Contract Between Sponsor and Household Member: (1) If a sponsor's individual income meets or exceeds 1183a). applicant. household members who have signed a Form I-864A. the sponsor provides a photocopy of the return, they Immigrant and Accompanying Dependents: (a) Original or copy of Form I-864 and Form I-864A, , Contract Between Sponsor and Household Member: , Affidavit of Support Under Section 213a of the Act. monetary gains from any other source, such as rent, interest, dividends, etc.
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