I-864

[Captain Ewok 1,857]

Update Note 12/13/05:

(link to memo removed from USCIS website)

RE: USCIS policy regarding Form I-864, Affidavit of Support

The memo covers the following topics:

Field Guidance

A. Submission of Federal income tax returns

B. Sufficiency of the Form I-864

C. No Local Policy Regarding When Form I-864 Shall be Filed

meauxna: All of the snippits are too important to pull only a bit of them out. Suggest everyone read the memo intact!

Sponsor's Obligation

The person completing this affidavit is the sponsor. A sponsor's obligation continues until the sponsored immigrant becomes a U.S. citizen, can be credited with 40 qualifying quarters of work, departs the United States permanently, or dies. Divorce does not terminate the obligation. By executing this form, you, the sponsor, agree to support the intending immigrant and any spouse and/or children immigrating with him or her and to reimburse any government agency or private entity that provides these sponsored immigrants with Federal, State, or means-tested public benefits.

Who Completes an Affidavit of Support under Section 213A?

~ For immediate relatives and family-based immigrants, the family member petitioning for the intending immigrant must be the sponsor.

~ If the petitioner cannot meet the income requirements, a joint sponsor may submit an addtional affidavit of support.

A sponsor, or joint sponsor, must also be:

~ A citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence;

~ At least 18 years of age; and

~ Domiciled in the United States or its territories and possessions.

Sponsor's Income Requirement

As a sponsor, your household income must equal or exceed 125 percent of the Federal poverty line for your household size. For the purpose of the affidavit of support, household size includes yourself, all persons related to you by birth, marriage, or adoption living in your residence, your dependents, any immigrants you have previously sponsored using INS Form I-864 if that obligation has not terminated, and the intending immigrant(s) in Part 3 of this affidavit of support. The poverty guidelines are calculated and published annually by the Department of Health and Human Services. Sponsors who are on active duty in the U.S. Armed Forces other than for training need only demonstrate income at 100 percent of the poverty line if they are submitting this affidavit for the purpose of sponsoring their spouse or child.

If you are currently employed and have an individual income which meets or exceeds 125 percent of the Federal poverty line, (or 100 percent, if applicable) for your household size, you do not need to list the income of any other person. When determining your income, you may include the income generated by individuals related to you by birth, marriage, or adoption who are living in your residence, if they have lived in your residence for the previous 6 months, or who are listed as dependents on your most recent Federal income tax return whether or not they live in your residence. For their income to be considered, these household members or dependents must be willing to make their income available for the support of the sponsored immigrant(s) if necessary, and to complete and sign Form I-864A, Contract Between Sponsor and Household Member. However, a household member who is the immigrant you are sponsoring only need complete Form I-864A if his or her income will be used to determine your ability to support a spouse and/or children immigrating with him or her.

Evidence of Income

In order to complete this form you must submit the following evidence of income:

~ A copy of your complete Federal income tax return, as filed with the Internal Revenue Service, for the last year (see note 1). If you were not required to file a tax return in the most recent tax year, you must provide an explanation. If you filed a joint income tax return and are using only your own income to qualify, you must also submit copies of your W-2s for the last year, and if necessary to meet the income requirement, evidence of other income reported on your tax return, such as Forms 1099.

~ If you rely on income of any members of your household or dependents in order to reach the minimum income requirement, copies of their Federal income tax returns for the most recent tax year (see note 1). These persons must each complete and sign a Form I-864A, contract Between Sponsor and Household Member.

~ Evidence of current employment or self-employment, such as a recent pay statement, or a statement from your employer on business stationery, showing beginning date of employment, type of work performed, and salary or wages paid. You must also provide evidence of current employment for any person whose income is used to qualify.

Evidence of Assets

If you want to use your assets, the assets of your household members or dependents, and/or the assets of the immigrant you are sponsoring to meet the minimum requirement, you must provide evidence of assets with a cash value that equals at least five times the difference between your total household income and the minimum income requirement. For the assets of a household member, other than the immigrant(s) you are sponsoring, to be considered, the household member must complete and sign Form I-864A, Contract Between Sponsor and Household Member.

All assets must be supported with evidence to verify location, ownership, and value of each asset. Any liens and liabilities relating to the assets must be documented. List only assets that can be readily converted into cash within one year. Evidence of assets includes, but is not limited to the following:

~ Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which you have depositis, including deposit/withdrawal history for the last 12 months, and current balance;

~ Evidence of ownership and value of stocks, bonds, and certificates of deposit, and date(s) acquired;

~ Evidence of ownership and value of other personal property, and date(s) acquired; and

~ Evidence of ownership and value of any real estate, and date(s) acquired.

Update 7/8/2006 : See this thread for more information... http://www.visajourney.com/forums/index.ph...st&p=292751

(note 1): see this thread for more info: http://www.visajourney.com/forums/index.php?showtopic=464

[celtic59 0]

Update Note 12/13/05:

http://uscis.gov/graphics/lawsregs/handboo...upprt112305.pdf

RE: USCIS policy regarding Form I-864, Affidavit of Support

The memo covers the following topics:

Field Guidance

A. Submission of Federal income tax returns

B. Sufficiency of the Form I-864

C. No Local Policy Regarding When Form I-864 Shall be Filed

meauxna: All of the snippits are too important to pull only a bit of them out. Suggest everyone read the memo intact!

Sponsor's Obligation

The person completing this affidavit is the sponsor. A sponsor's obligation continues until the sponsored immigrant becomes a U.S. citizen, can be credited with 40 qualifying quarters of work, departs the United States permanently, or dies. Divorce does not terminate the obligation. By executing this form, you, the sponsor, agree to support the intending immigrant and any spouse and/or children immigrating with him or her and to reimburse any government agency or private entity that provides these sponsored immigrants with Federal, State, or means-tested public benefits.

Who Completes an Affidavit of Support under Section 213A?

~ For immediate relatives and family-based immigrants, the family member petitioning for the intending immigrant must be the sponsor.

~ If the petitioner cannot meet the income requirements, a joint sponsor may submit an addtional affidavit of support.

A sponsor, or joint sponsor, must also be:

~ A citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence;

~ At least 18 years of age; and

~ Domiciled in the United States or its territories and possessions.

Sponsor's Income Requirement

As a sponsor, your household income must equal or exceed 125 percent of the Federal poverty line for your household size. For the purpose of the affidavit of support, household size includes yourself, all persons related to you by birth, marriage, or adoption living in your residence, your dependents, any immigrants you have previously sponsored using INS Form I-864 if that obligation has not terminated, and the intending immigrant(s) in Part 3 of this affidavit of support. The poverty guidelines are calculated and published annually by the Department of Health and Human Services. Sponsors who are on active duty in the U.S. Armed Forces other than for training need only demonstrate income at 100 percent of the poverty line if they are submitting this affidavit for the purpose of sponsoring their spouse or child.

If you are currently employed and have an individual income which meets or exceeds 125 percent of the Federal poverty line, (or 100 percent, if applicable) for your household size, you do not need to list the income of any other person. When determining your income, you may include the income generated by individuals related to you by birth, marriage, or adoption who are living in your residence, if they have lived in your residence for the previous 6 months, or who are listed as dependents on your most recent Federal income tax return whether or not they live in your residence. For their income to be considered, these household members or dependents must be willing to make their income available for the support of the sponsored immigrant(s) if necessary, and to complete and sign Form I-864A, Contract Between Sponsor and Household Member. However, a household member who is the immigrant you are sponsoring only need complete Form I-864A if his or her income will be used to determine your ability to support a spouse and/or children immigrating with him or her.

Evidence of Income

In order to complete this form you must submit the following evidence of income:

~ A copy of your complete Federal income tax return, as filed with the Internal Revenue Service, for the last year (see note 1). If you were not required to file a tax return in the most recent tax year, you must provide an explanation. If you filed a joint income tax return and are using only your own income to qualify, you must also submit copies of your W-2s for the last year, and if necessary to meet the income requirement, evidence of other income reported on your tax return, such as Forms 1099.

~ If you rely on income of any members of your household or dependents in order to reach the minimum income requirement, copies of their Federal income tax returns for the most recent tax year (see note 1). These persons must each complete and sign a Form I-864A, contract Between Sponsor and Household Member.

~ Evidence of current employment or self-employment, such as a recent pay statement, or a statement from your employer on business stationery, showing beginning date of employment, type of work performed, and salary or wages paid. You must also provide evidence of current employment for any person whose income is used to qualify.

Evidence of Assets

If you want to use your assets, the assets of your household members or dependents, and/or the assets of the immigrant you are sponsoring to meet the minimum requirement, you must provide evidence of assets with a cash value that equals at least five times the difference between your total household income and the minimum income requirement. For the assets of a household member, other than the immigrant(s) you are sponsoring, to be considered, the household member must complete and sign Form I-864A, Contract Between Sponsor and Household Member.

All assets must be supported with evidence to verify location, ownership, and value of each asset. Any liens and liabilities relating to the assets must be documented. List only assets that can be readily converted into cash within one year. Evidence of assets includes, but is not limited to the following:

~ Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which you have depositis, including deposit/withdrawal history for the last 12 months, and current balance;

~ Evidence of ownership and value of stocks, bonds, and certificates of deposit, and date(s) acquired;

~ Evidence of ownership and value of other personal property, and date(s) acquired; and

~ Evidence of ownership and value of any real estate, and date(s) acquired.

(note 1): see this thread for more info: http://www.visajourney.com/forums/index.php?showtopic=464

Well I am just back from my AOS interview and was told we need a co-sponsor as my husband's tax returns don't reflect above poverty line for all 3 past years. He was a student in 2002,2003 and 2004. We have shown he now has a teaching job and gave copy of 2005 tax return. I filed in Dec 05. I have to get another person to sponsor me,but having read this it seems quite unfair,as if I applied now then hsi most recent tax return would be all that was required and would be eligible. Have you any advice for us??I also don't understand why my property in the UK can't be used towards this,I mean not having to sell it,just prove it can realise a certain amount if sold.

[meauxna 15]

I also don't understand why my property in the UK can't be used towards this,I mean not having to sell it,just prove it can realise a certain amount if sold.

This isn't a thread for questions, but did you document your assets (UK or US?). It depends on how much you want to invest in fighting city hall... the officer can be 'not right' and still prevail. You have to determine how much you want what he's got (your approval).

The law requires the officer to accept your foreign assets, if you documented and included them.

Edited April 26, 2006 by meauxna

[origamiflwr 0]

Here is the link to the newest I-864 formm expires 9/30/06:

http://www.uscis.gov/graphics/formsfee/forms/files/I-864.pdf

[jenny888 0]

hi... thanx a lot for the info... but i have a confusion about I-1864A. Do we still have to file I-1864A if we are living with my husband's family, parents, uncle & aunt, two sisters, the other one is single and has a job and the other one has her own family with two kids but unemployed and his husband was laid off form his job but earning form the EDD... my husband has a job and earning $10.77/hr plus commission...

we already filed the AOS and the I-864, my another question is, how many shld be our sponsor's household size??? because in our form that we submitted, we only answered one, since he is not obligated to support his family.. is that right or wrong?? shld we file for the I-864A? what shld we do??? plsssssss help....

Here is the link to the newest I-864 formm expires 9/30/06:

http://www.uscis.gov/graphics/formsfee/forms/files/I-864.pdf

[Jun1 0]

I heard from now form I-864 no need to notarized, is that true?

[Kristin.l.m 0]

Here is the link to the newest I-864 formm expires 9/30/06:

http://www.uscis.gov/graphics/formsfee/forms/files/I-864.pdf

I had mine notarized... in May? I think that's when I did it for my fiance's embassy interview.

I kept an extra notarized copy when I did it before. Do I need to update it for the AOS documentation, or can I just reuse the old one? Nothing's changed, except my savings account balance is smaller...<sigh>

[Jun1 0]

Hi, guys! I am a new member and love this forum so much.

I am filling out AOS based on marriage with USC. Do i need to fill out I-864A? My husband makes morethan minimum income requirement. I do have income also.

Your answer will help me alot.

Thank you

[Jun1 0]

Here is the link to the newest I-864 formm expires 9/30/06:

http://www.uscis.gov/graphics/formsfee/forms/files/I-864.pdf

I had mine notarized... in May? I think that's when I did it for my fiance's embassy interview.

I kept an extra notarized copy when I did it before. Do I need to update it for the AOS documentation, or can I just reuse the old one? Nothing's changed, except my savings account balance is smaller...<sigh>

In my opinion, you still ok with the old one. So sorry about your saving account, mine have the same problem.

[lizaanne 0]

The link above for this form is for an expired form as of 09-30-06 - does anyone have a link to the current version? Can I use this expired version still? I know sometimes they allow you to use past versions in some circumstances.

Thanks!

~Liza

[TucsonBill 0]

The I-864 form and RULES have recentely been changed, and you might want to read this to:

http://www.nilc.org/immlawpolicy/aosupp/aosupp021.htm

Bill

[peterg222 0]

The link above for this form is for an expired form as of 09-30-06 - does anyone have a link to the current version? Can I use this expired version still? I know sometimes they allow you to use past versions in some circumstances.

I also noticed this & after reading the link posted by TucsonBill, I'm unsure which form to use.

I see there is now a I-864EZ (shorter version of Form I-864 designed for cases that meet certain criteria), but I don't think I meet the criteria as it talks about form I-130.

[Ladylethal 12]

I-864 AFFIDAVIT OF SUPPORT NOTE : IT DOESN'T HAVE TO BE NOTARIZED.

[xjennyinstereox 0]

Do you need to bring a copy of the I-864 to the AOS interview?

[blahduh 0]

I have a quick question, if the sponsor signed the form I-864 before 4/15/2007, then only the 2005 Federal income tax return is required? The sponsor don't have to wait for the 2006 Federal income tax return right?