Should i 864 be notarized
The principal applicant must be one of the sponsored immigrants. The petitioner would be able to file another Affidavit of Support for the principal applicant's dependents at a later time when the petitioner and the principal applicant make more money. How do you count children of a divorced couple who reside with one parent part of the time and with the other parent the other part? A divorced parent's dependent children are members of his or her household, even if they live part of the time with the former spouse.
A parent almost always has a legal obligation to support his or her children. Although only one of the parents may be legally entitled to claim the child as a dependent on tax returns , the child must be considered as part of both parents' households for purposes of the Affidavit of Support, unless a parent can show that he or she no longer has a legal obligation to support the child.
Requirements for the Sponsor. What are the requirements for being a sponsor? A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident LPR.
The sponsor must also have a domicile residence in the United States. Can a U. The law requires that sponsors be domiciled live in any of the States of the United States, the District of Columbia, or any territory or possession of the United States.
If the petitioner does not have a domicile in the United States, can a joint sponsor file an I? Under the law, a joint sponsor cannot sponsor an immigrant when the petitioner does not have a domicile in the United States. The petitioner must first meet all the requirements for being a sponsor age, domicile and citizenship except those related to income before there can be a joint sponsor. How is domicile determined? Domicile is a complex issue and must be determined on a case by case basis.
To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U. Many U. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:. What kinds of employment abroad can be counted as U. There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has a domicile in the United States. How can a petitioner establish a domicile?
If the sponsor establishes U. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.
Means Tested Public Benefits. Can the applicant use government assistance or public benefits? If the sponsored immigrant uses federal means tested public benefits, the sponsor is responsible for repaying the cost of the benefits. What are federal means tested public benefits? Federal means tested public benefits are the following:. What assistance programs are not considered means tested public benefit programs? The following types of assistance are not considered means tested public benefits and do not have to be repaid.
If, using all of those sources, the minimum income requirement is met, the affidavit would be "sufficient. To be counted, the cash value of assets must equal five times the difference between the sponsor's income and percent of the poverty line for the household size.
What can be used as assets? Assets can be savings, stocks, bonds and property. They must be easily converted to cash. Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property? Can free housing be counted as income? Sponsors who receive housing and other benefits in place of salary may count those benefits as income.
The sponsor may count income that is not subject to taxation such as housing allowance , as well as taxable income. The sponsor would have to prove the nature and amount of any income that is not included as wages or salary or other taxable income. Evidence of such income can be shown through notations on the W-2 Form such as Box 13 for military allowances , Form or other documents that show the claimed income. Can applicant's ongoing income be counted?
Under certain circumstances, yes. The applicant must have lived in the sponsor's household for six months before the completion of the Affidavit of Support. Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support? The law does not allow for consideration of offers of employment in place of the I A job offer may not be counted in reaching the percent minimum income. A job offer can be taken into consideration in determining the ability of the applicant to overcome an ineligibility on public charge grounds, but it does not meet any requirement for presenting an I What are the special provisions for members of the Armed Forces?
Active duty members of the Army, Navy, Marines, Air Force and Coast Guard need to meet only percent of the minimum poverty guideline income requirement. The Affidavit of Support is essentially a contract between the financial sponsor and the U. If you have been a financial sponsor for others in the past either as the primary sponsor or as a secondary co-sponsor , everyone you sponsored in the past will need to be counted as you get ready to file a new Affidavit of Support—unless one of the events mentioned above has happened and your obligations to that person have ended.
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Ready to start? Learn more about what you get with Boundless , or check your eligibility now. Can I file Form I online? Who can sponsor Form I? To qualify as a financial sponsor who can file Form I and promise support for someone who is applying for a green card, you must be a U. How long is Form I valid for? As an affidavit of support, Form I does not expire, unless the person who is being sponsored becomes a U.
There are different versions of Form I Which one should I use? If you are filing Form I for only one person, such as your spouse or one of your relatives, and you will not need a joint sponsor, then you may be able to use Form IEZ instead of Form I If you need to include the income of one of your household members to meet the requirements for financial support, then you may need to file Form IA Contract Between Sponsor and Household Member together with Form I If you are filing as a joint sponsor, then you will need a separate Form I for each sponsor.
If you believe you do not need to file Form I, for example, if the person you are petitioning for has already worked 40 quarters roughly 10 years in the U.
You will also need to make sure you have filed the latest version of the form, available through USCIS. At Boundless, we can help offer you peace of mind and review your green card application. When should I file Form I? Form I should be completed when the person who is applying for their green card has either been scheduled for an immigrant visa interview at a consular office outside the U. I Remove Conditions on Residence. I Application for Employment Authorization.
I Affidavit of Support. N Application for Naturalization. N Application to Replace Citizenship Document. Apply For Citizenship N Replace Citizenship Document N Apply for Certificate of Citizenship N Citizenship Resource Center.
Citizenship Cost Calculator. Green Card. Renew a Green Card I Replace a Green Card I Remove Conditions on Green Card I Get a Reentry Permit I
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