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Affidavit of Support

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VISHALI
  1. What is Affidavit of Support (AOS) I-864 and where it is required?
  2. When to submit I-864 Affidavit of Support?
  3. What all supporting documents are required to send with I-864 AOS?
  4. What happens if someone filled I-864 AOS wrong?
  5. Does minor mistakes on Form I-864 Affidavit of Support cause delays and rejections?
  6. What to do if your income is too low to be an I-864 sponsor?
  7. When does a sponsor’s obligations under Form I-864 ends?

Affidavit of Support

An Affidavit of support is a document and a petitioner has to sign to acknowledge financially related responsible regarding someone else, usually a relative, who is going to the United States to live and work permanently. The individual who signs the Affidavit of Support becomes the Sponsor of the relative (or other individuals) who is coming to live and work in the United States. The sponsor is generally a petitioner of an immigration petition for afamily member or immediate relative
An affidavit of support is lawfully enforceable; the support’s duty more often than not keeps going until the relative or other individual either turns into a U.S.Citizen or can be credited with 40 quarters of work (for the most part 10 years).
The concerning law of affidavit of support is found in the Immigration and Nationality Act (INA) Sec-tions212(a)(4) and 213A. The arrangements are systematised in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR 213a.

The accompanying individuals are required by law to present a Form I-864, Affidavit of Support finished by the petitioner to get an immigrant visa or Adjustment of status:
Every immediate relative of U.S.citizen (which incorporate, spouse, Parents and unmarried children younger than 21, including Orphans) and relatives who meet all requirements for immigration to the United States under one of the family-based preferences :
• First Preference F1: Unmarried Adult Daughter or Son of U.S.Citizen (Adult means 21 years or 21+ age )
• Second Preference F2: Spouses of Permanent and the Unmarried Daughter or Son of U.S.Citizen(A cult means 21 years or 21+ age ) of lasting inhabitants and their unmarried youngsters
• Third Preference F3: Married Daughter or Son of U.S.Citizen, their spouse and their unmarried children(age below21 )
• Fourth Preference F4: Brothers and Sisters of Adult U.S.Citizen, and their spouse and their un-married children(age below21 )
• Employment-based preference immigrants in cases just when a U.S.Citizen or Green Card holder or Permanent Resident filed an immigration visa petition of or such relative has a noteworthy pos-session intrigue (at least 5%) in the substance that file the petition
Note: An individual listed above does not have to file an affidavit of support in the event that they can demon-strate that they either:
• As of now worked 40 qualifying quarters as characterised in Title II of the Social Security Act
• Can be credited with 40 qualifying quarters as characterised in Title II of the Social Security Act
• Are the Child of a U.S.Citizen and whenever conceded for Permanent Resident on or after Feb-ruary 27, 2001, would consequently obtain citizenship under Section 320 of the Immigration and Nationality Act, as changed by the Child Citizenship Act of 2000

The accompanying sorts of individuals don’t have to document an Affidavit of Support :

• A person who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States
• A person who has an endorsed Form I-360, Petition for Amerasian, Widow(er), or Special Immi-grant as a self-requesting of widow or widower
• A person who has an endorsed Form I-360 as a battered child or spouse
• Adopted Orphans by U.S.Citizen abroad if a full and formal adoption happens before the orphan procures permanent residence and both adoptive parents have seen the child previously or amid the adoption.

On the off chance that your relative is either a K-1 fiancé(e), a K-3 mate, or a K-2 or K-4 offspring of the fiancé(e) or mate, you don’t have to present a testimony of help at the time you record your Form I-129F re-quest. Rather, you ought to present a sworn statement of help at the time that your fiancé(e), life partner, or youngster changes status to perpetual inhabitant in the wake of going to the United States.

On the off chance that you have filed an immigrant visa petition for your relative then you must be the sponsor.
You should likewise be somewhere around 18 years of age and above and the U.S. citizen or a permanent resi-dent.
You must have a domicile in the United States or a territory or possession of the United States. Generally, this necessarily implies that you actually reside in the abroad, you may still be eligible to be a sponsor
On the off chance that you are living abroad even then you can be qualified to be a sponsor.
you are qualified to be a sponsor If you have your domicile in the U.S and living in abroad on a temporary basis.
section 213A of the INA grants both a joint support and a substitute sponsor in specific cases.

A joint support is somebody who will acknowledge lawful obligation regarding supporting your relative with you. A joint support must meet all indistinguishable necessities from you, with the exception of the joint sup-port does not be related to the immigrant. The joint support (or the joint support and his or her family house-hold) must achieve the 125% income prerequisite alone. You can’t consolidate your income with that of a joint support to meet the income necessity.

In the event that the visa petitioner has passed away after approval of the visa petition, however, U.S. Citizen-ship and Immigration Services (USCIS) will give you a chance to proceed with, a substitute sponsor must file a Form I-864 in place of the deceased visa petitioner.in order to be a Substitute Sponsor you must be related to intending immigrant in one of the following options:
• Sibling
• Daughter
• Son-in-law
• Sister-in-law
• Grandparent
• Grandchild
• Son
• Daughter-in-law
• Brother-in-law
• Spouse
• Parent
• Mother-in-law
• Father-in-law
• Child (if at least 18 years of age)
You should be:
• U.S.national or citizen or a permanent resident
• 18 years old
• Living (domiciled) in the United States
• Meet the majority of the financially related prerequisites of a Sponsor as per INA 213A
The substitute Sponsor accepts the majority of the commitments of an I-864 support.

You, the sponsor, should finish Form I-864 when your relative has been planned for an immigration visa inter-view with a consular officer abroad or when your relative is going to present an application for adjustment to permanent resident status with the USCIS or with an Immigration Court in the United States. On the off chance that you have a joint sponsor, they should complete Form I-864. In the event that you are utilising income of other household members to qualify at that point, every household member who is accepting responsibility for supporting your relative must complete a separate Form I-864A, Contract Between Sponsor and Household Member.
You are required to give your U.S. federal income tax return for the most recent tax year as well as additional evidence of current job. On the off chance that you were not required to file a TAX Return in any of these years you should give a clarification. Inability to give the tax return or proof building up that you were not re-quired to file will defer activity on your relative’s application for permanent residence. On the off chance that this information isn’t given, this will result wilfully ignorant of an immigrant visa or adjustment of status.

When you have finished the affidavit of support, incorporated the fundamental documentation, and had the affidavit notarised in the U.S or before a U.S. consular or immigration officer, you ought to give this packet of information to your in respect to submit with his or her application for permanent resident status. In the event that you are given particular guidelines to file your affidavit of support straightforwardly with the National Visa Centre, you must follow these instructions.

You additionally should meet certain Income prerequisites (regardless of whether you are a sponsor, a joint sponsor, or a substitute sponsor). You should show that your family income is equivalent to or higher than 125% of the U.S. poverty level for your household size. (Your family household incorporates you, your de-pendents, any relatives living with you, and the immigrants you have sponsored).
On the off chance that you, the sponsor, are on a dynamic obligation in the Armed Forces of the United States, and the migrant you are sponsoring is your mate or youngster, your wage just needs to rise to 100% of the U.S. neediness level for your family unit measure.
To check the poverty level Form I-864P, HHS Poverty Instructions for Affidavit of Support

On the off chance that you can’t meet the basic minimum requirements utilising your earned income, you have different alternatives:
• You may include cash estimation of your assets. This incorporates money in savings accounts, stocks, securities, and property. To decide the number of advantages required to qualify, subtract your family salary from the base pay necessity (125% of the poverty level for your family size). You should demonstrate the cash estimation of your assets is worth five times this distinction (the sum left finished).
Special cases:
1. On the off chance that the individual being sponsored is a spouse or son/daughter (who is 18 years or older) of a U.S. citizen: The basic income estimation value must be three times the differ-ence between the sponsor’s household income and 125% of the federal poverty rule for the fami-ly.
2. On the off chance that the individual being sponsored is an orphan coming to the United States for adoption:The new adoptive parent’s assets need to parallel or surpass the distinction between the household income and 125% of the federal poverty line for the household size.
• You may check income and assets of members of your household who are identified with you by birth, marriage, or adoption. To use their income, you more likely than not listed them as dependents on your latest federal tax return form or they probably lived with you throughout the previous a half year. They should complete a Form I-864A, Contract Between Sponsor and House-hold Member. In the event that the relative you are sponsoring meets these criteria you may incor-porate the estimation of their income and assets however the immigrants do not have to finish Form I-864A except if he or she was going with family members.
• You may take the advantages of the relatives you are sponsoring.

When you sign the affidavit of support, you acknowledge lawful obligation regarding financially supporting the supported immigrant for the most part until the point that they move toward becoming U.S. residents or can be credited with 40 quarters of work. Your commitment likewise closes on the off chance that you or the indi-vidual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States.
Note: Divorce does NOT end the sponsorship commitment.
In the event that the individual you sponsored gets any means-tested public benefits, you are in charge of pay-ing the expense of those advantages to the agency that gave them. On the off chance that you don’t repay the obligation, the office can sue you in court to get the cash owed. Any joint sponsor or household whose income is used to meet the base wage prerequisites are likewise legitimately in charge of financially supporting the supported immigrant.

On the off chance that you change your location after you turn into a sponsor, you are required by law to tell the USCIS inside 30 days by filing Form I-865, Sponsor’s Notice of Change of Address. On the off chance that you neglect to tell the USCIS of your difference in location, you might be fined.

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
I-864P, Poverty Guidelines
I-864W, Intending Immigrant’s Affidavit of Support Exemption

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