Affidavit of Support. Affidavit of Support. Two Exceptions 11/21/2017. Required for all family-based immigrant visa applicants regardless of income

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1 Affidavit of Support When is affidavit required What are the exceptions Sponsor eligibility: age, income, domicile Measuring household size Counting income Using assets Joint sponsors Sponsor obligations and ethical considerations Affidavit of Support Required for all family-based immigrant visa applicants regardless of income Not required for: Widows/widowers (I-864W) Battered spouses (I-864W) Refugees Asylees Diversity visa lottery winners Cuban adjustment 2 Two Exceptions Intending immigrant earned or credited with 40 qualifying quarters Intending immigrant will derive citizenship Need to file I-864W 1

2 What are Qualifying Quarters? Unit of wage under Social Security law Presumes have legal SSN Use intending immigrant s quarters, even if earned w/o EAD 4 What are Qualifying Quarters? Use spouse s quarters if earned during marriage and still married Use parents quarters until child turns 18 No credit if received meanstested benefits when earning quarters 5 No Affidavit Required Child qualifies for citizenship under Child Citizenship Act of 2000 Is LPR Under 18 Residing with one U.S. citizen parent in U.S. Applies in adjustment and consular processing File Form I-864W 6 2

3 Death of Petitioner Widow/widowers exception Section 204(l) if beneficiary residing in US when petitioner died Humanitarian reinstatement if residing abroad when petitioner died Submit affidavit from USC/LPR substitute sponsor: spouse, parent, mother-in-law, father-in-law, sibling, child over 18, sonin-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, legal guardian Examples Laura s US citizen spouse died last month. She wants to know if the I-130 petition he filed for her will be affected? She entered the U.S. on a border crossing card three years ago and was planning to adjust her status. Same facts only Laura s husband was an LPR. What if Laura has never been to the United States and LPR husband died after filing an I-130? Sponsor Eligibility Requirements U.S. citizen or LPR At least 18 years old Domiciled in U.S. Able to meet income requirements of at least 125% above the poverty level unless on active military duty and then only 100% above poverty level Cannot be a corporation! 9 3

4 Domicile Place where petitioner/sponsor has principal residence Intend to maintain for foreseeable future Can still reside abroad temporarily LPRs can preserve residence under 316(b) or 317 or satisfy 319(b)(1) Can re-establish domicile with intending immigrant Measuring Household Size Petitioner/sponsor Sponsor s spouse Sponsor s unmarried children under 21 (unless emancipated) Dependents listed on tax return Sponsored immigrant Accompanying family members Other previously sponsored immigrants (I-864 still in effect) Other relatives if their income is used 11 Relatives Include: Parent, adult or married son/daughter sibling Who reside with sponsor Who are able to include their income No citizenship or LPR status required They file I-864A 12 4

5 Form I-864, Part 3 Form I-864, Part 3 Examples: What is Household Size? Michael, a USC, filed one I-130 for his mother and one for his father. They both live abroad. Rene, a USC, filed an I-130 for his brother. Rene is married with two kids. His mother lives with them. His brother is married with three kids. 5

6 Who Completes I-864A? Relatives whose income want to use Intending immigrant if have accompanying derivatives Agree to assist sponsor if necessary Income counted as sponsor s Must submit last year s tax return Whose Income Counts? Petitioner/sponsor Relative who resides with sponsor Dependents listed on tax return Intending immigrant if: spouse of sponsor or resides with sponsor and income results from lawful employment and will continue to be available after become LPR 17 Income Use current income Extrapolate to annual, taxable income Adjusted income if self-employed Income for year in which I-864 filed determines sufficiency Poverty income guidelines in effect when filed Include I-864P 18 6

7 Form I-864, Part 6 Question #2: My current individual annual income is: Question #15: My current annual household income is: Question #19: My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal income tax returns for the most recent 3 years was: Use line 22 from 1040; line 4 from 1040EZ If self-employed, Schedule C, profit and loss Documentation: How Much and What? Sponsor and relatives submit last year s tax return, plus all forms and schedules (IRS transcript OK) If had tax liability Additional two years optional and where income on the edge, often helpful No employer letters or pay stubs unless current income questionable Examples: What Documentation? Pedro is immigrating his spouse. Last year he was collecting unemployment for most of the year and earned only $12,000. He has been working steadily all 2017 and estimates earning $28,000. Alberto didn t pay taxes last year because he didn t earn enough. Nancy is immigrating her brother and his family. She makes enough income to sponsor them. Does she need to include her spouse s income? 7

8 Significant Assets: What Are They? Includes those of sponsor, sponsored immigrant, and/or relative executing I-864A Savings, stocks, bonds, CDs, real estate Must equal 5 times shortfall in income Must equal 3 times shortfall in income if intending immigrant is spouse/child over 18 of USC sponsor Must only equal shortfall if for an orphan 22 Form I-864, Part 7 Form asks for savings/checking accounts; real estate; stocks and bonds; any other assets Submit real estate appraisal after estimate value Vehicle if more than one Convertible to cash in U.S. w/in 1 year Foreign real estate Joint Sponsors Where petitioning sponsor cannot demonstrate sufficient income, joint sponsor can satisfy requirement by counting income & assets Measure household size and income same as with petitioning sponsor Don t count citizen or LPR family members of intending immigrant Can have up to 2 joint sponsors for principal and accompanying family members Can have more if derivatives following to join 24 8

9 Example Peter filed an I-130 for his brother, Sam, and the priority date is now current. Sam is married and has three children. Peter s income is not high enough to satisfy affidavit of support requirements for Sam s three children. What are Sam s options? Options 40 qualifying quarters earned or credited Assets of Peter or Sam Include Sam s income if residing with Peter, Sam authorized to work Stagger immigration of derivatives so following to join One joint sponsor for Sam and derivatives Two joint sponsors divide up family Affidavit of Support Terminates When: Immigrant naturalizes Immigrant dies Immigrant abandons LPR status Immigrant is ordered removed but readjusts Sponsor/household member dies or Immigrant gains/credited with 40 qualifying quarters 27 9

10 What Is the Liability? Sponsor must maintain immigrant at an annual income of 125% of poverty level An enforceable contract, unlike with I-134 Sponsor must reimburse state and federal agencies that provide public means-tested benefits to intending immigrant Sponsor is required to report change in address to USCIS 28 10