For example, a respondent without relatives other than the fiancé would have a two-person household. According to the 2021 Poverty Guidelines, the petitioner would need an income of at least $17,240 to meet the K-1 visa income requirements in all states except Alaska and Hawaii. No, Form I-864 will remain valid indefinitely unless there is evidence that the poverty guidelines in effect on the day I-864 are filed are not being followed. The consular officer will determine whether the income claimed by the sponsor and documented with financial evidence complies with the poverty guidelines in effect at the time of filing I-864. If the reported income does not comply with the poverty guidelines, the consular officer may ask the sponsor to provide income information for the current year. Please do not submit this checklist with your Form I-134. This is an optional tool that you can use when preparing your form, but it does not replace legal, regulatory, and form instructions. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless the instructions on the form or the applicable regulations expressly require it. Form I-864, Affidavit of Support under Section 213A of the INA, is a contract signed by a person who agrees to use their financial resources to assist the intended immigrant named in the affidavit. The person signing the affidavit of support becomes a sponsor once the prospective immigrant becomes a lawful permanent resident.
The respondent is usually the petitioner who filed an immigration petition on behalf of the intended immigrant. 3. The income you use for eligibility is based solely on your salary or pension and is shown on one or more W-2 forms provided by your employer or former employer (your employers). The financial petitioner/sponsor must complete and sign the appropriate affidavit form. Incomplete forms, including missing pages, will not be accepted. Completed forms and supporting documents must be submitted to the CNV at the CEAC along with the visa applicant`s civil documents. If your combined total household income still does not meet the minimum annual income requirements, you are allowed to use your assets as income replacement. You can also credit the assets of other members of your household as long as they meet the following criteria: Yes, but only in certain circumstances. Two co-sponsors can be used per family unit to apply for immigration as part of the same petition. If two co-sponsors are used, each co-sponsor is responsible only for the intended immigrants listed on the co-sponsor`s Form I-864. Each co-sponsor must meet minimum income, citizenship, residency and age requirements.
$27,450 (min. income for a three-person household) – US$20,000 (actual income from your household) = $7,450 (lost earnings) Family members who immigrate later (followed up to join) must resubmit a scanned copy of I-864 and supporting documents from the principal applicant. After marriage, the foreigner can apply for a green card by adjusting their status. Green card applicants who apply on the basis of a K-1 registration are generally subject to public charge. The USCIS will determine, based on certain criteria, whether the applicant is likely to become a public office at some point in the future. The USCIS assesses the candidate`s education, skills, professional career, and other resources. Total household income (including the applicant sponsor`s income) is taken into account. Where you file the form depends on whether the alien you are sponsoring is in the United States or abroad and what type of application is submitted. Detailed information on where to submit this affidavit can be found in the instructions attached to the relevant application. Do family members joining the principal applicant need separate affidavits and supporting documents? Typically, your annual income as a sponsor is the same as the one you reported on your U.S. federal (non-state) tax return for the last year of tax returns.
Starting with the 2021 tax year, this number is your «total income,» which is listed on line 9 of IRS Form 1040. Your total annual income may include wages and salaries, alimony, alimony, family allowances, dividends or interest earned, as well as income from other legal sources. If you don`t meet the income requirements of the K-1 visa with your own income, you may be able to add a co-sponsor. Typically, this would be a close family member who agrees to be financially responsible. Petitioners who cannot reach this level have two options: 1) find a «co-sponsor» who agrees to financially support the visa applicant, or 2) use a household member`s income to comply with poverty guidelines. These additional financial sponsors must also file an affidavit of support, proof of income, and proof of their legal status in the United States. Keep in mind that even if a petitioner finds a co-sponsor or uses a household member`s income to financially sponsor a visa applicant, that petitioner must still file an affidavit of support. If an immigrant sponsored by you receives means-tested public benefits, you are responsible for reimbursing the cost of those benefits to the organization that provided them. If you don`t pay off the debt, the agency or immigrant can sue you for the money owed.
All co-sponsors and household members who allowed the sponsor to combine their income with the sponsor`s income to meet minimum income requirements are also legally responsible for providing financial support to the sponsored immigrant. In fact, each co-sponsor and household member is jointly and severally liable with the applicant sponsor, which means that the co-sponsor and the household member are independently responsible for the full extent of the repayment obligation and can be sued or ordered to pay the money due, even if the applicant sponsor is not sued or asked for money. NVC assessments have submitted supporting affidavits for completeness. If a form is not completed, the NVC sends a notification to the CEAC explaining what is wrong and invites you to correct the form and return it to the NVC. If NVC accepts a corrected Form I-864, I-864EZ, I-864W, or I-864A with supporting financial evidence, NVC will transfer the form and application to the United States. Embassy or consulate where the applicant will apply for a visa. You have completed a Form I-864, do not meet the minimum income requirement and use a co-sponsor to meet the minimum income requirement The Affidavit Act can be found in sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) under 8 CFR 213a. The visa applicant must file Form I-864A for their assets to be included in the calculation of the minimum income. An affidavit of support, also known as Form I-864, is a document that a person signs to assume financial responsibility for the applicant who comes to live in the United States. The person who signs the affidavit of support is also referred to as the «sponsor.» «The applicant must complete Form I-864; However, if the petitioner`s income is insufficient, a co-sponsor may agree to also complete a Form I-864 on behalf of the applicant.
This requirement could cause you major problems if, for example, you meet your fiancé while working abroad and plan to return to the United States together. The main exceptions to this rule are U.S. military revenue, revenue from a Department of Defense contractor, and (sometimes) temporary deployment abroad by a U.S.-based company. .