You must also be at least 18 years old and a U.S. citizen or a permanent resident.
This includes looking at the age, health, education, skills, financial resources, and family status of the applicant and sponsor.
Such an offer can be solely be taken into account when assessing the applicant’s ability to overcome any public charge of grounds of inadmissibility. Your obligation as a sponsor also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a lawful permanent resident and departs the United States.
Start the application with Boundless within the next 14 days, and you'll save $50. 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). When you have completed the affidavit of support, compiled the necessary documentation, and had the affidavit notarized in the United States or before a U.S. consular or immigration officer, you should provide this packet of information to your relative to submit with his or her application for permanent resident status. Your total annual income can include wages and salaries, retirement benefits, alimony, child support, dividends or interest earned, and income from other legal sources. To find out more about the income requirements, go here. For sponsors in Hawaii.
Receipts of means-tested public benefits does not disqualify anyone from being a sponsor. Similarly, an offer of employment may not be counted in reaching the 125 percent minimum income threshold.
A sponsor may not rely on a household member’s income from illegal activities, such as proceeds from illegal gambling or drug sales, to meet the income requirements, even if the household member paid taxes on that income. The evaluation will be made based on the poverty guidelines in effect on the date of filing of the I-864.
If you are given specific instructions to file your affidavit of support directly with the National Visa Center, you should follow those instructions. Neither RapidVisa nor its employees claim to have any special knowledge of immigration law or procedure. This assumes that the sponsoring spouse — the U.S. citizen or current green card holder — is not in active military duty and that the couple has no children. The following individuals are required by law to submit a Form I-864, Affidavit of Support completed by the petitioner to obtain an immigrant visa or adjustment of status: Note: An individual listed above does not need to submit an affidavit of support if they can show that they EITHER: When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s), generally until they become U.S. citizens or are credited with 40 quarters of work. Official Website of the Department of Homeland Security, USCIS Response to Coronavirus 2019 (COVID-19), Green Card for Employment-Based Immigrants, Green Card for Family Preference Immigrants, Green Card for an Immediate Relative of a U.S. Citizen, Adjustment of Status Filing Charts from the Visa Bulletin, Injunction of the Inadmissibility on Public Charge Grounds Final Rule, While Your Green Card Application Is Pending with USCIS, International Travel as a Permanent Resident, Rights and Responsibilities of a Permanent Resident, Form I-864, Affidavit of Support under Section 213A of the INA, Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, Form I-864A, Contract Between Sponsor and Household Member, Form I-864P, HHS Poverty Guidelines for Affidavit of Support, Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens, Medicaid and Children’s Health Insurance Program (PDF), Supplemental Nutrition Assistance Program, Form I-865, Sponsor's Notice of Change of Address, I-864, Affidavit of Support Under Section 213A of the Act, I-864A, Contract Between Sponsor and Household Member, I-864EZ, Affidavit of Support Under Section 213A of the Act. Let’s see how this works using a practical example. If the failure to report your change of address occurs with knowledge that the sponsored immigrant received means-tested public benefits (other than benefits described in section 401(b), 403(c)(2), or 4ll(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which are summarized in Part 8. If you, the sponsor, are on active duty in the Armed Forces of the United States, and the immigrant you are sponsoring is your spouse or child, your income only needs to equal 100% of the U.S. poverty level for your household size. How Long Does It Take to Get a Marriage Visa? A .gov website belongs to an official government organization in the United States. You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). Boundless can make this whole process easy. Poverty Guidelines, the U.S. sponsor's household income is high enough to support the immigrating family members at 125% or more of U.S. poverty line levels, after taking into account anyone already living with or dependent on the U.S. sponsor. Citizenship and Immigration Services (USCIS). If you filed an immigrant visa petition for your relative, you must be the sponsor.
The amounts will also be higher for residents of Alaska and Hawaii than for residents of the 48 contiguous states, the District of Columbia, and U.S. territories. You are required to provide your U.S. federal income tax return for the most recent tax year as well as proof of current employment. The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR 213a. Contact us at 1-800-872-1458 if you have questions. The law does not make any provision for the consideration of offers of employment in lieu of the I-864.
The rationale for this requirement is to ensure that the immigrating family member will not need to rely on means-based public assistance (often referred to as welfare) while living in the United States. Congrats! Employment based preference immigrants in cases only when a U.S. citizen or permanent resident relative filed the immigrant visa petition, or such relative has a significant ownership interest (5% or more) in the entity that filed the petition. The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. Multiply the difference by 3 (if the sponsoring spouse is a U.S. citizen) or by 5 (if the sponsoring spouse is a green card holder). If you fall between these two numbers, it simply means you may need to provide additional information to demonstrate your ability to support the sponsored alien.
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