Notice: JavaScript is required for this content. If the affidavit of support is filed outside the United States there is no fee. 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. The sponsor’s support obligation is terminated when the sponsored immigrant becomes a citizen of the U.S., has obtained 40 qualifying quarters of work, ceases to be a lawful permanent resident and leaves the U.S., or dies (or if the sponsor dies). This person files the Form I-864 to show that the intending immigrant has adequate means of financial support and is not likely to rely on the U.S. government for public benefits. Civics Test Should these changes go through, they will undoubtedly make what is already a complicated process (considering the new public charge requirements) even more onerous. Kasturi Law LLC, Attorney Advertising. sponsor must submit his/her properly signed I-864 form and a set of his/her supporting documents. for the most recent tax year, including W-2s for the most recent tax year. They are dedicated to going above and beyond the usual level of service to meet your client’s needs. Determining the Requirements 1. Proof of U.S. citizenship or green card holder status. EB Green Cards Decide which form to use. Bear in mind, as well, that these new Affidavit of Support requirements are separate and apart from the Declaration of Self Sufficiency I-944 requirements, which are frankly, intimidating. In order to qualify as a petitioner who can provide an affidavit of support, the petitioner’s income cannot be less than 125% of the federal guidelines on poverty. J Visas/Waivers The above is general information only and not intended to serve or substitute for legal advice. Nothing on this website or associated pages, documents, comments, answers, e-mail, articles or other communications should be taken as legal advice for any individual case or situation. The purpose of the affidavit of support is to ensure the immigrant will have someone to financially provide for their needs if they are unable to pay for their own needs. A LITTLE BIT OF INVESTIGATING THE FACTS CAN GO A LONG WAY! Must have an annual income of at least 125% of the current. Investors If your claimed income includes alimony, child support, dividend or interest income, welfare, or income from any other source, you mayalso include evidence of that income. H-1B Visas The application will be denied if the sponsor does not have, or cannot prove that he/she intends to establish a domicile in the U.S. The form is required to ensure the immigrant does not become a “, If the petitioner’s income is not enough to support the intending immigrant, a. may submit Form I-864 to sponsor the intending immigrant. What’s more, even if restrictions are relaxed, many people may feel understandably uneasy about venturing out just to get a signature notarized and risk exposure. The sponsored immigrant (beneficiary) and/or the agency that provides any non-exempt benefits to the beneficiary after he or she comes to the U.S. may legally force the sponsor to pay for the benefits received. 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 must be submitted. That the translation is complete and accurate. completed by each individual who will combine their income and/or assets with the joint sponsors to meet the minimum annual income requirement. If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full. A sponsor must meet each of the following four requirements: (1) be a U.S. citizen or permanent resident; (2) be at least 18 years of age; (3) be domiciled in the U.S.; and (4) be filing a visa petition on behalf of the immigrant (See above) or accept joint and several liability together with the petitioner. Bottom line, preparation for the results and NO BS!”, “Stalin – Lee did a wonderful job, Got my wife her visa in one year. English Exam If you are a joint sponsor, substitute sponsor, or the relative of an employment-based immigrant requiring an affidavit of support, proof of your U.S. citizenship status, lawful permanent resident status, or U.S. national status. Normally, a sponsor must show the ability to maintain an annual income of at least 125% of the federal poverty guidelines. Of the many requirements for immigrating to the United States, the affidavit of support is perhaps the most misunderstood and overlooked, yet how it is prepared can make the difference. Schedule ConsultationZoom Consultations Available! Border Wait Times, Immigration CourtsCourts 800#CrimesReports on JudgesDetainee LocatorBIA, PoliticalReligiousSocial GroupExpert WitnessesOne-Year Rule, 2002 – Present Contract Between Sponsor and Household Member, be submitted with Form I-485, Application to Register Permanent Residence or Adjust Status. Workload Transfer Updates. Visas A copy of both sides of your Form I-551, Permanent Resident Card. EB Categories What is Affidavit of Support? For persons filling IRS Form 1040 EZ, the line for adjusted gross income will be considered. Generally, the person who files Form I-130 to petition a relative, is also the person who sponsors the relative with Form I-864. The supporting documents you need to submit along with Affidavit of Support form include: While applying for the adjustment of status or immigrant visa, the following immigrants are required by law to submit the Form I-864, completed by the sponsor(s): Every family-based green card applicant must have a financial sponsor. If the sponsor fails to meet the income requirement on Form I-864, the USCIS won’t approve the intended immigrant for a green card. Website developed by Caspian Services, Inc. Visiting this web site, contacting us via email or chat does not constitute or establish an Attorney-Client relationship. If, as a sponsor, you live and work in the United States, your country of domicile is the United States. CSPA, Affidavit of Support JUST RECEIVED A NOTICE OF INTENT TO DENY (NOID) FOR A 1-539 (Application to Extend/Change Nonimmigrant Status (about the reinstatement of F1 status)? I would highly recommend him for all your immigration needs.”, “Hello. [CDATA[ var year = new Date();document.write(year.getFullYear()); // ]]>Carl ShustermanWebsite Powered By QuadW TechnologiesTechnical Consultant Jacob Treger, J WaiversConrad 30MD VideosJob SearchNIWs, E-2 Investors Adjustment of Status, Naturalization VisaScreen Firstly, the forms will now require bank account information, presumably so that USCIS may verify financial information. It is a legal contract between a sponsor or petitioner and the U.S. government.. This requirement also applies to the beneficiary of an employment-based petition if the petition is submitted by a relative or by a company in which a relative holds a significant ownership interest. You can also provide a copy of the Form 1099, if applicable. Any Lessons Learned? TN Visas. Certificate of citizenship (for naturalized U.S. citizens), Proof of relationship between the sponsor and intending immigrant(s) (special case), Documentation of assets and liabilities (if any), preference immigrants, in cases only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (. Marriage green card (both spouses in the U.S.), Family green card (foreign relative is in the U.S.), Family green card (foreign relative is abroad), Form I-944, Declaration of Self-Sufficiency, Affidavit of Support, I-864 - How to Fill Out and Checklist, Affidavit of Support Checklist of Required Documents, File Your Affidavit of Support with SelfLawyer, Marriage green card (foreign spouse is abroad), Application for Certificate of Citizenship (N-600), Naturalization/Citizenship Document Replacement. household income is insufficient to sponsor the immigrant(s), you can seek support from an additional sponsor, called a, He/she must maintain a minimum annual income of, additional sponsor that does not necessarily have to be either related to the intending immigrant(s), or living at the same address. Prior results are not guarantee of the same outcome. VAWA. Family-Based TPS In calculating the household size, the following individuals must be counted (individuals are not counted twice in this calculation): The TN visa worker and any of his/her children also immigrating as step-children, The sponsor's unmarried children under 21, Any person claimed as a dependent on the sponsor's income tax returns, Individuals whom the sponsor is obligated to support under any previously filed I-864s. You may include evidence supportin… Any joint sponsors will be as liable as the principal sponsor. Even if an intending applicant submits a properly filed I-864 from his/her sponsor with strong financial evidence, it will mean very little with an anemic or deficient I-944 now that the Declaration of Self Sufficiency takes legal precedence. In order to demonstrate an ability to support the sponsored immigrant, the sponsor must show the means to maintain an annual income of at least 125% of the Federal Poverty line (100% for certain active duty members of the U.S. military). What are the main requirements for this application? For employment-based immigrants, an I-864 is only required if a relative filed the visa petition or if a relative owns a significant ownership interest in the entity that petitioned the immigrant. original documents unless specifically requested in the instructions or applicable regulations. The form is required to ensure the immigrant does not become a “public charge.”. USCIS requires Form I-864, Affidavit of Support, for most family-based applications and some employment-based applications. What is an affidavit of support (I864)? This means that the sponsor will be legally liable for debts and necessities of the immigrant while the immigrant is in the United States. The 1996 immigration law created a new requirement that family-sponsored immigrants obtain a legally-binding affidavit of support signed by their petitioner. The supporting documents needed are tax returns, W2 , 1099’s, letter of employment from employer (indicating salary, position, full-time/part-time). In fact, an informal poll of several immigration attorneys in San Francisco found no instances where the sponsor’s obligation was enforced. Tips for FB Cases Client Reviews 5165 Broadway PMB 206 This requirement also applies to the beneficiary of an employment-based petition if the petition is submitted by a relative or by a company in which a relative holds a significant ownership interest. It is a legal contract between a sponsor or petitioner and the U.S. government. © 2020 Lee & Garasia, LLC. This is where we introduce another form similar to the I-864, yet with its own unique functionality. DACA He is extremely helpful and knowledgeable. AAO Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. There can be no pooling of income. On behalf of Lee & Garasia, LLC | May 5, 2020 | Common Immigration Questions and Problems. H-1B Visa Guide B2 (Visitor) to F1 (Student) Change of Status Case, An individual filing a family sponsored petition (I-130) has to …, Case Facts: Foreign National (FN) and his US Citizen(USC) spouse, …, Case Facts: I had an FN spouse who had filed …. H-1B News This is applicable to those petitioning for an employment based petition (I-140) if the submission is by a company or relative in which the relative has a major ownership interest. Failure to do so could result in a fine of up to $2,000. Of the many requirements for immigrating to the United States, the affidavit of support is perhaps the most misunderstood and overlooked, yet how it is prepared can make the difference.