2006 Poverty Guidelines + I-864 Guidelines

[aussiewench 9]

Press Office

US Department of Homeland Security

US Citizenship and Immigration Services

Fact Sheet

June 21, 2006

Go to: FINAL RULE REGARDING AFFIDAVITS OF SUPPORT

********************************************************

U.S. Department of State Foreign Affairs Manual Volume 9- Visas

9 FAM 40.41 Exhibit I

POVERTY INCOME GUIDELINES 2006

(CT:VISA-793; 02-07-2006)

(Office of Origin: CA/VO/L/R)

The new poverty guidelines for 2006 were published by the

Department of Health and Human Services (HHS) on January 24, 2006.

Applicants who can't meet the applicable minimum poverty

guideline threshold are ineligible for visa issuance under INA 212(a)(4)©.

The guidelines and background information are available on HHS's Web site.

NOTE: 8 CFR 213 states that consular posts will begin to use updated

guidelines on the first day of the second month after the date the guidelines

are published in the Federal Register. Consequently, the 2006 guidelines are

effective March 1, 2006 for visa processing purposes.

2006 GUIDELINES

MINIMUM INCOME REQUIREMENT FOR USE IN

COMPLETING THE FORM I-864, AFFIDAVIT OF

SUPPORT UNDER SECTION 213A OF THE ACT

Use the table below for the 48 contiguous states, the District of Columbia,

Puerto Rico, the U.S. Virgin Islands, and Guam:

2006 HHS Poverty Guidelines

48 Contiguous States and D.C.

<TABLE BORDER CELLSPACING="0" CELLPADDING="4" ALIGN="Center">

<TR VALIGN="Bottom">

<TH SCOPE="COL">Persons<BR>

in Family or Household</TH>

<TH SCOPE="COL">48 Contiguous<BR>

States and D.C.</TH>

<TH SCOPE="COL">Alaska</TH>

<TH SCOPE="COL">Hawaii</TH>

</TR>

<TR ALIGN=CENTER>

<TD SCOPE="ROW">1</TD>

<TD>$10,210</TD>

<TD>$12,770</TD>

<TD>$11,750</TD>

</TR>

<TR ALIGN=CENTER>

<TD SCOPE="ROW">2</TD>

<TD>13,690</TD>

<TD>17,120</TD>

<TD>15,750</TD>

</TR>

<TR ALIGN=CENTER>

<TD SCOPE="ROW">3</TD>

<TD>17,170</TD>

<TD>21,470</TD>

<TD>19,750</TD>

</TR>

<TR ALIGN=CENTER>

<TD SCOPE="ROW">4</TD>

<TD>20,650</TD>

<TD>25,820</TD>

<TD>23,750</TD>

</TR>

<TR ALIGN=CENTER>

<TD SCOPE="ROW">5</TD>

<TD>24,130</TD>

<TD>30,170</TD>

<TD>27,750</TD>

</TR>

<TR ALIGN=CENTER>

<TD SCOPE="ROW">6</TD>

<TD>27,610</TD>

<TD>34,520</TD>

<TD>31,750</TD>

</TR>

<TR ALIGN=CENTER>

<TD SCOPE="ROW">7</TD>

<TD>31,090</TD>

<TD>38,870</TD>

<TD>35,750</TD>

</TR>

<TR ALIGN=CENTER>

<TD SCOPE="ROW">8</TD>

<TD>34,570</TD>

<TD>43,220</TD>

<TD>39,750</TD>

</TR>

<TR ALIGN=CENTER>

<TD ALIGN="LEFT" SCOPE="ROW">For each additional<BR>

person, add</TD>

<TD> 3,480</TD>

<TD> 4,350</TD>

<TD> 4,000</TD>

</TR>

</TABLE>

For Alaska and Hawaii see link below

NOTE:

Refer to the figures in the orange columns when processing immigrant visa,

(IV) cases involving Form I-864, Affidavit of Support. Refer to the gray

columns for active members of the U.S. Armed Forces sponsoring spouses

and children.

You need to consider the "totality of circumstances" (including the

applicant's age, health, and education) and can deny visa issuance under

212(a)(4)© if the applicant appears likely to become public charge despite

meeting the poverty guidelines. However, "totality of circumstances" cannot

serve as the basis for overcoming Section 212(a)(4) if the poverty guidelines

are not met.

IMPORTANT NOTICE FOR SPONSORS

Read the following selection before submitting Form I-864, Affidavit of

Support Under Section 213A of the Act.

WHO NEEDS FORM I-864, AFFIDAVIT OF

SUPPORT UNDER SECTION 213A OF THE ACT?

•Applicants for family-based immigrant visa (IV) categories, including

biological and adopted children of U.S. citizens who are not eligible for

automatic naturalization upon admission as a legal permanent resident

• Any alien classified IR-2 based on a stepparent-stepchild relationship

with a U.S. citizen

• Any alien classified IR-2 who will be age 18 or over upon admission to

the United States as a lawful resident

• Any alien classified IR-2 who will not be taking up residence in the

United States

• Any alien classified IR-2 who will not be residing with, and in the legal

custody of, the U.S. citizen

• Orphans adopted abroad by U.S. citizen (IR-3/IR-4) or

• Applicants for employment-based immigrant visas where a relative

filed the immigrant visa petition or has a five percent or

• Greater ownership interest in the business that filed the petition

WHICH APPLICANTS FOR FAMILY-BASED IMMIGRANT

VISAS DO NOT NEED THE I-864, AFFIDAVIT OF SUPPORT

UNDER SECTION 213A OF THE ACT?

a. Biological (natural-born, in or out of wedlock) children of U.S. citizens

(IR-2 immigrant visa (IV) category) provided the child will be admitted to

the United States while under the age of 18 and will reside in the United

States with, and in the custody of, the U.S. citizen parent;

b. Self-petitioning widow or widower and battered spouses and children;

c. An adopted child classified IR-2 who satisfies the requirement of INA

101(b )(1)(e) with respect to U.S. citizen parent; provided the child will

be admitted to the United States while under age 18 and will reside in the

United States with, and in the custody of, the adoptive U.S. citizen

parent;

d. Orphans adopted abroad by U.S. citizen (IR-3/IR-4 immigrant visa (IV)

category) with a full and final adoption, who will be admitted to the

United States while under age 18 and will reside in the United States

with, and in the custody of, the adoptive U.S. citizen parent; or

e. Immigrants who have already worked or can be credited with 40

qualifying quarters of work as defined in Title II of the Social Security Act

(SSA).

CHECKLIST FOR PREPARING THE FORM I-864,

AFFIDAVIT OF SUPPORT UNDER SECTION

213A OF THE ACT

Documents must be submitted in the following order:

a. Petitioner's Documents—Form I-864, Affidavit of Support Under Section

213A of the Act. The petitioner in family-based immigrants, or the

employment-based immigrants where a relative filed the petition or has

ownership interest (5% or more) in the petitioning entity, or a joint

sponsor must complete a Form I-864, Affidavit of Support Under Section

213A of the Act.

(1) All pages in correct order, 1, 2, 3, 4, 5, and 6 and stapled together.

(2) Each page filled out completely.

(3) Part 7 signed by the petitioner (for employment cases, by the

relative and it must be notarized).

(4) Certified copy of completed most recent federal tax return with all

supporting schedules that the sponsor had filled prior the time of

AOS signing. Each return must have all pages in the correct order

and must be stapled together.

(5) If you did not have to file a tax return, attach a written explanation

and a copy of the instructions from the Internal Revenue Service

publication that shows you were not obligated to file. (For

information on most income tax obligations visit the IRS website.)

(6) If assets are needed to meet the minimum income requirement:

(a) Evidence of assets with a cash value that equals at least five

times the difference between your total household income and

the poverty guideline for your household size (see chart below):

Example for a Household of 4:

125% Poverty Guideline........$25,000 (2006)

Sponsor's Income..............$18,000

Difference.....................$7,000

Multiply by 5..................X 5

Minimum Required Cash

Value of Assets...............$35,000

(b ) Evidence of ownership, location, and the value of each asset;

(c ) Evidence of liens, mortgages, and liabilities for each asset (if

any); and

(d) Evidence of current employment or self-employment, such as a

recent pay statement or a statement from your employer on

business stationery, showing beginning date of employment,

type of work performed, and salary or wages paid.

b. Joint Sponsor's Documents (if required):

• Form I-864, Affidavit of Support Under Section 213A of the Act:

Must be completed by a joint sponsor if the petitioner's income does

not meet the 125% income requirement

• The joint sponsor:

Must meet the same qualifications as the petitioner and submit the

same documentation as noted in (a) Petitioner's Documents above

NOTE: The petitioner must also submit a Form I-864, Affidavit of Support

Under Section 213A of the Act.

c. Household members whose income and assets are to be considered:

A separate Form I-864-A, Contract Between Sponsor and Household

Member must be completed for each household member whose income

and assets are to be considered.

(1) Each page must be filled out completely and stapled together;

(2) All tax, employment, and asset documents must be assembled in the

same manner as the sponsor's (see above) and attached to the

correct Form I-864-A Contract Between Sponsor and Household

Member.

(3) Proof of U.S. citizenship or lawful permanent resident (LPR) status;

(4) Part 2 and Part 5 completed by sponsor and notarized; and

(5) Part 3 or Part 4 and Part 6 completed by the household

member and notarized.

d. Documents for the Principal Immigrant and Accompanying Dependents:

Principal Applicant:

(1) Original Form I-864, Affidavit of Support Under Section 213A of the

Act and Form I-864-A, Contract Between Sponsor and Household

Member (if needed); must be signed and notarized

(2) One complete set of supporting documents (tax records,

employment letters, etc.) is needed for each principal immigrant;

and

(3) Accompanying Dependents:

(a) Each dependent must have a signed and notarized Form

I-864 Affidavit of Support Under Section 213A of the Act and

Form I-864-A, Contract Between Sponsor and Household

Member if needed;

(b ) Copies of the principal's Form I-864 Affidavit of Support Under

Section 213A of the Act and Form I-864-A Contract Between

Sponsor and Household Member may be used, but the

sponsor's and notary's signatures must be original (photocopies

of signatures and notarizations will not be accepted); and

(c ) Copies of supporting documents are not required for

dependents applying for visas or adjustment of status together

with the principal immigrant.

More information about the Poverty Income Guidelines can be found on the

travel website http://travel.state.gov/visa/immigrants/info/info_1328.html

Source

http://foia.state.gov/masterdocs/09fam/0940041X1.pdf

Edited June 30, 2007 by Captain Ewok

[JoelAndAnalyn 0]

I just got my instructions within the last week or so and mine says tax forms OR transcripts. So transcripts are not accepted anymore?? I hope that's not true because I am unable to locate my 2003 taxes.

Joel

[meauxna 15]

I just got my instructions within the last week or so and mine says tax forms OR transcripts. So transcripts are not accepted anymore?? I hope that's not true because I am unable to locate my 2003 taxes.

Joel

Transcripts are not only fine, rumor has it they are preferred. We've used them thruout the whole process visa-->natz.

[Fishergirl 1]

I just got my instructions within the last week or so and mine says tax forms OR transcripts. So transcripts are not accepted anymore?? I hope that's not true because I am unable to locate my 2003 taxes.

Joel

If you've lost your actual tax return, you can order a copy from the IRS. I believe it costs around $39 for each tax year you request. However, the transcripts are free.

Lee

[aussiewench 9]

To All Consular Posts

Revised Requirements for Form I-864 Processing

UNCLAS STATE 051172

302243Z MAR 06

FM SECSTATE WASHDC

TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE IMMEDIATE

AMEMBASSY GEORGETOWN IMMEDIATE

SUBJECT: REVISED REQUIREMENTS FOR FORM I-864 PROCESSING

REF: STATE 022685

2. Summary. Effective immediately, sponsors filing an I-864

are required to submit only their Federal tax return for their

most recent tax year, current as of the date of execution of the

I-864. The I-864 will remain valid indefinitely absent other

evidence of failure to meet the public charge provisions of the

law and should be evaluated based on the poverty guidelines in

effect on the date of filing with NVC or with post. [NOTE:

Reftel had indicated that poverty guidelines in effect as of the

date of signing would apply. Instead, posts are to consider the

guidelines in effect as of the date the I-864 is submitted.]

Updated tax returns should not be requested absent positive

evidence of public charge issues. The sponsor signature on Form

I-864 does not need to be notarized since the sponsor is signing

under penalty of perjury. Photocopies of Form I-864 that are

submitted for derivative applicants do not require an original

signature or notarization. [NOTE: Reftel had included existing

9 FAM language, requiring notarized signatures on an original I-

864 and an original signature on each photocopy. The new

guidance is consistent with current DHS requirements.] Posts are

reminded that there are some circumstances in which the I-864 is

not required. (For these exceptions, see 9 FAM 40.41 N3.4, 9 FAM

40.41 N3.4-2, 9 FAM 40.41 N3.4-3,and 9 FAM 40.41 N4.6-3.) End

summary.

Continued

http://travel.state.gov/visa/laws/telegrams/telegrams_2863.html

[the3rdpower 1]

Just so I understand this correctly - we only need to send in the most recent year's Tax information now???

To All Consular Posts

Revised Requirements for Form I-864 Processing

UNCLAS STATE 051172

302243Z MAR 06

FM SECSTATE WASHDC

TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE IMMEDIATE

AMEMBASSY GEORGETOWN IMMEDIATE

SUBJECT: REVISED REQUIREMENTS FOR FORM I-864 PROCESSING

REF: STATE 022685

2. Summary. Effective immediately, sponsors filing an I-864

are required to submit only their Federal tax return for their

most recent tax year, current as of the date of execution of the

I-864. The I-864 will remain valid indefinitely absent other

evidence of failure to meet the public charge provisions of the

law and should be evaluated based on the poverty guidelines in

effect on the date of filing with NVC or with post. [NOTE:

Reftel had indicated that poverty guidelines in effect as of the

date of signing would apply. Instead, posts are to consider the

guidelines in effect as of the date the I-864 is submitted.]

Updated tax returns should not be requested absent positive

evidence of public charge issues. The sponsor signature on Form

I-864 does not need to be notarized since the sponsor is signing

under penalty of perjury. Photocopies of Form I-864 that are

submitted for derivative applicants do not require an original

signature or notarization. [NOTE: Reftel had included existing

9 FAM language, requiring notarized signatures on an original I-

864 and an original signature on each photocopy. The new

guidance is consistent with current DHS requirements.] Posts are

reminded that there are some circumstances in which the I-864 is

not required. (For these exceptions, see 9 FAM 40.41 N3.4, 9 FAM

40.41 N3.4-2, 9 FAM 40.41 N3.4-3,and 9 FAM 40.41 N4.6-3.) End

summary.

Continued

http://travel.state.gov/visa/laws/telegrams/telegrams_2863.html

[meauxna 15]

Just so I understand this correctly - we only need to send in the most recent year's Tax information now???

Effective immediately, sponsors filing an I-864 are required to submit only their Federal tax return for their most recent tax year, current as of the date of execution of the I-864.

Yes.

[jpg 0]

Hi. I just read from that same link that "...sponsors filing an I-864 are required to submit only their Federal tax return for their most recent tax year, current as of the date of execution of the I-864". We've submitted last Nov 2005 our 2004 ITR based on the 2005 Poverty Guidelines which was above the requirement as of filing the I-864. However, since I have to wait for 7 months before I can get an interview date from Manila Embassy; I now have to show 2005 ITR with the Schedule C which shows the $2,300 short of 2006 Poverty Guidelines. The reason for this is the deductions. My husband is self-employed. He has higher Gross Income but when deductions (we purchased somebody's business) came into scene, it put our 2005 Adjusted Gross Sales to $14,200.

With just the facts above, is the income or AOS sufficient for a mid-2006 CR1 visa interview?

gemma

Just so I understand this correctly - we only need to send in the most recent year's Tax information now???

Effective immediately, sponsors filing an I-864 are required to submit only their Federal tax return for their most recent tax year, current as of the date of execution of the I-864.

Yes.

[aussiewench 9]

Press Office

US Department of Homeland Security

US Citizenship and Immigration Services

Fact Sheet

June 21, 2006

FINAL RULE REGARDING AFFIDAVITS OF SUPPORT

Washington, D.C. – U.S. Citizenship and Immigration Services (USCIS) published today in the Federal Register (71 FR 35732) a final rule regarding Affidavits of Support (Form I-864). Affidavits of Support are submitted by sponsors on behalf of most family-based and some employment-based immigrants. The final rule responds to public comments to an interim rule published by the former Immigration and Naturalization Service on October 20, 1997 in the Federal Register at 62 FR 54346. The final rule makes the Affidavit of Support process less burdensome for sponsors while continuing to ensure that each intending immigrant has a sponsor who has sufficient income and/or assets to support the immigrant(s). The Affidavit of Support also allows the sponsored intending immigrant to establish that he or she is not likely to become a public charge (e.g., receive certain federal or state means-tested benefits). This final rule takes effect July 21, 2006. It will apply to any application for an immigrant visa or adjustment of status that is decided on or after July 21, 2006 even if the case was filed before July 21, 2006.

Continued here http://www.uscis.gov/files/pressrelease/AffSupp_062106FS.pdf

Q. What is the Affidavits of Support on Behalf of Immigrants final rule?

A. The Affidavits of Support final rule adopts, with specified changes, an interim rule published by the former Immigration and Naturalization Service on October 20, 1997 and made effective on December 19, 1997 (62 FR 54346). This final rule responds to public comments to the interim rule and addresses several issues raised by the interim rule, including: who needs an affidavit of support; how sponsors qualify; what information and documentation sponsors must present; and when the income of other persons may be used to support an intending immigrant’s application for permanent residence. The final rule makes the affidavit of support process less burdensome for sponsors while continuing to ensure that each intending immigrant has a sponsor who has sufficient income and/or assets to support the immigrant(s) he or she is sponsoring. The final rule allows the sponsored intending immigrant to establish that he or she is not likely to become a public charge (e.g., receive certain federal or state means-tested benefits).

Q. When is this final rule effective?

A. This final rule is effective July 21, 2006. It will apply to any application for an immigrant visa or adjustment of status that is decided on or after July 21, 2006 even if the case was filed before July 21, 2006.

NOTE: The following Q & As briefly discuss some of the changes to the affidavit of support process made by the “Affidavits of Support on Behalf of Immigrants” final rule. For a complete description of the provisions of this rule, please refer to the final rule as published in the Federal Register at 71 FR 35732, http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-5522.htm

Q. Does the final rule provide exemptions for the requirement to file an Affidavit of Support (Form I-864)

A. Yes. The final rule eliminates the affidavit of support requirement in cases where the sponsored immigrant establishes on the basis of Social Security Administration records that he or she has already worked, or can be credited with having worked, 40 quarters of covered employment. The final rule also eliminates the requirement of a Form I-864 in the case of the child of a U.S. citizen that, if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship immediately upon entry under section 320 of the Immigration and Nationality Act (the Act), as amended by the Child Citizenship Act of 2000. In addition, there is no need for an affidavit of support for certain children who accompany their immigrant parent(s) to the United States, but are born after issuance of the immigrant visa to the parent(s) (that is, children who immigrate under section 211(a) of the Act).

Q. Does the final rule establish any new forms?

A. Yes. The final rule establishes two new forms: the EZ Affidavit of Support (Form I-864EZ) and the Intending Immigrant’s I-864 Exemption (Form I-864W). If the petitioner is the only sponsor and he or she is relying only upon income from his or her employment to meet the affidavit of support requirements, the petitioner will be able to file a short form Affidavit of Support, the new EZ Affidavit of Support (Form I-864EZ). Form I-864W provides eligible immigrants a more expeditious means to establish that they are not required to have an affidavit of support filed on their behalf. The final rule also amends Form I-864, Affidavit of Support, and Form I-864A, to conform them to the final rule.

Q. When will USCIS begin to accept Form I-864EZ, Form I-864W, and the amended Form I-864 and Form I-864A? Will USCIS continue to accept old versions of Form I-864?

A. USCIS will begin to accept Form I-864EZ, Form I-864W, the amended Form I-864 and the amended Form I-864A immediately. USCIS will continue to accept old versions of the Form I-864, but only until October 19, 2006, a grace period of 90 days from July 21, 2006, the effective date of the final rule.

Q. If I have already submitted an old version of Form I-864, do I now need to submit a new Form I-864?

A. No. If you submitted an old version of Form I-864, you should not submit a new Form I-864.

Q. Does the final rule change the instructions for preparing the Affidavit of Support?

A. Yes. The final rule requires each sponsor to submit as initial evidence only his or her single most recent federal tax return rather than a return from each of the sponsor’s three most recent tax years, pay stub(s) covering the most recent six months, and an employer letter. In addition, it will no longer be necessary to sign an Affidavit of Support, EZ Affidavit of Support, and Contract Between Household Member and Sponsor (Form I-864A) in front of a notary public, immigration officer, or consular officer. Rather, as permitted by Federal law, the forms will provide that they are signed “under penalty of perjury.” Both of these measures lessen the burden on sponsors and household members without reducing the legal standing or enforceability of the documents they sign.

Q. Does the final rule change how many joint sponsors an immigrating family can have?

A. Yes. In addition to the primary sponsor (who signed the visa petition), the final rule allows two joint sponsors per family unit intending to immigrate based upon the same family petition. No individual may have more than one joint sponsor, but it will no longer be necessary for all family members to have the same sponsor. If two joint sponsors are used, each joint sponsor is responsible for supporting only for the intending immigrant(s) listed on that joint sponsor’s Form I-864 Affidavit of Support.

Q. My sponsor’s income has varied from year to year. What year is most significant in determining the sufficiency of my sponsor’s income?

A. The final rule clarifies that the sponsor’s income in the year in which the intending immigrant filed an application for an immigrant visa or adjustment of status, rather than the earnings last reported to IRS, generally bears the greatest evidentiary weight in determining whether the affidavit of support is sufficient. However, USCIS may request updated evidence and decide the case based on the updated information.

Q. It looks like my sponsor’s household income meets or exceeds the poverty guideline for his or her household size. How does the final rule change the instructions on calculating household size?

A. The final rule allows, but does not require, sponsors to include the income of any relative in the household who is not a dependent if (1) the sponsor includes the relative as part of the sponsor’s household size, and (2) the relative completes a Contract Between Sponsor and Household Member (Form I-864A)

Q. Does a household member have to be living in the household for any specified amount of time under the final rule?

A. No. The final rule eliminates the requirement that household members must have lived in the sponsor’s household for at least six months before their income may be included in household income. Instead, the final rule allows the income of household members, including the intending immigrant, to be included if the income will continue from the same source after the beneficiary attains permanent resident alien status.

Q. My sponsor has used means-tested benefits in the past. Will this affect their ability to sponsor me?

A. No. The supplementary information that was published with the final rule clarifies that use of certain means-tested public benefits does not affect a person’s ability to sponsor an intending immigrant.

Q. My sponsor and/or joint sponsor is using significant assets as part of his affidavit of support. Does the final rule change the requirements for significant assets?

A. Yes. The final rule reduces the value of assets that immediate relative spouses and children of U.S. citizens must have to fill the gap between earned income and the poverty guidelines from five times the difference to three. The gap is reduced further for those sponsoring adopted children who will qualify for citizenship under the Child Citizenship Act, but who do not qualify immediately upon entry.

Q. My original petitioner cannot sponsor me because he or she died. What relief is available to me under the final rule?

A. The final rule implements the Family Sponsor Immigrant Act of 2002, Pub. L. 107-150, which allows the beneficiary of a petition to use of a “substitute sponsor” after the death of the original petitioner if the original petition had been approved prior to the petitioner’s death and other conditions are met. In order to be a “substitute sponsor,” you must be the spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or a legal guardian of the intending immigrant.

The final rule also provides that, if a petitioner files a petition to classify the beneficiary as a spouse of a United States citizen petitioner and then dies, the petition will be treated as approved as a Petition for Amerasian, Widow(er) or Special Immigrant (Form I-360) if (1) USCIS or legacy INS approved the original petition before the petitioner died, and (2) on the date of the petitioner’s death, the beneficiary satisfies certain requirements.

Q. My sponsor lives abroad. Does this mean he or she cannot sponsor me?

A. It depends upon where your sponsor has his or her legal domicile. To file an affidavit of support, a sponsor must have his or her domicile in the United States. Under the final rule, a sponsor is domiciled at the place of his or her principal residence. Therefore, your sponsor may file an affidavit of support if he or she shows, by a preponderance of the evidence, that his or her domicile is in still in the United States because he or she is only residing abroad temporarily. The final rule also clarifies that a sponsor who is not domiciled in the United States may submit an Affidavit of Support if the sponsor shows, by a preponderance of the evidence, that he or she will establish his or her domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status. Thus, the sponsor must arrive and establish domicile in the United States before or at the same time as when the intending immigrant becomes a lawful permanent resident through adjustment of status or admission on an immigrant visa at a port of entry.

Q. If I am in removal proceedings, and have applied for adjustment of status, who has jurisdiction to review my affidavit of support?

A. The final rule clarifies that when an alien applies for adjustment of status in removal proceedings, the immigration judge’s jurisdiction to adjudicate the adjustment application includes authority to review the sufficiency of the affidavit of support.

Q. May USCIS disclose a sponsor’s social security number and last known address to a benefit-granting agency?

A. Yes. The final rule clarifies that USCIS may disclose a sponsor’s social security number, as well as the sponsor’s last known address, to a benefit-granting agency seeking to obtain reimbursement from the sponsor when an alien applies for a benefit.

The new Affidavit of Support forms will be available on the USCIS website at http://www.uscis.gov at local USCIS offices, and via the USCIS Forms line, 1-800-870-3676. For complete information please see the “Affidavits of Support on Behalf of Immigrants” Final Rule as published in the Federal Register at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-5522.htm (71 FR 35732).

For additional information, visit the USCIS website, http://www.uscis.gov or contact the USCIS National Customer Service Center at 1-800-375-5283.

– USCIS –

Edited December 3, 2006 by aussiewench

[gabo 0]

Hi guys! I have a very important question for you:

I came to USA on November 2005 after 19 years of absence, cause i was raised in other country where i met my fiancee. So my situation is kinda complicate with the affidavit, cause as you can imagine, i just started working on this year so i dont have any tax returns yet and even though i am making enough to meet the requirements of the poverty income, i dont know if will be able to sponsor her. And the interview will be on the third week of September.

Should i look for a co-sponsor? What do you guys think or know about it?

Thanks!

[The Visa Partner 0]

If your income on your 2005 taxes doesn't meet or exceed poverty guidelines (sounds like you didn't file taxes for 2005 so you would not meet poverty guidelines) it would be in your best interest to find a Joint Sponsor or Household Member.

Best of luck

[diadromous mermaid 36]

If your income on your 2005 taxes doesn't meet or exceed poverty guidelines (sounds like you didn't file taxes for 2005 so you would not meet poverty guidelines) it would be in your best interest to find a Joint Sponsor or Household Member.

Best of luck

Not necessarily true according to the final rule for Affidavits of Support issued recently.

The final rule clarifies that the sponsor's income in the year in which the intending immigrant filed an application for an immigrant visa or adjustment of status, rather than the earnings last reported to IRS, generally bears the greatest evidentiary weight in determining whether the affidavit of support is sufficient. However, USCIS may request updated evidence and decide the case based on the updated information.

Edited August 24, 2006 by diadromous mermaid

[gabo 0]

My big concern here is that i just have proof of my earnings for this year, cause i started working on February and the first 15 days of January too in other company. And if i dont have a co-aplicant? What options do i have? I am getting a little desperate cuase my fiancee has her interview on September 22 and i dont know if i qualify to sponsor her. My income though is average, for this year i have quite enough to meet the poverty guideline, but without having tax returns of the last three years, am i doomed?

Any help will be strongly appreciated!

[CinthiaFL717 1]

I've been separated from my husband for almost 2 yrs, i live with my 2 kids and currently petitioning my Mom, my husband's name does not show on my 3 recent taxes since i 've filed alone with my kids, should i only count 4 (me, 2 kids & mom) as the household size family, when it comes the time to fill out AOS?

[CinthiaFL717 1]

If your income on your 2005 taxes doesn't meet or exceed poverty guidelines (sounds like you didn't file taxes for 2005 so you would not meet poverty guidelines) it would be in your best interest to find a Joint Sponsor or Household Member.

Best of luck

Not necessarily true according to the final rule for Affidavits of Support issued recently.

The final rule clarifies that the sponsor's income in the year in which the intending immigrant filed an application for an immigrant visa or adjustment of status, rather than the earnings last reported to IRS, generally bears the greatest evidentiary weight in determining whether the affidavit of support is sufficient. However, USCIS may request updated evidence and decide the case based on the updated information.

Hello, i am getting ready to prepare I-864 but I have been separated from my husband for almost 2 yrs (we are not divorced), i live with my 2 kids and currently petitioning my Mom, my husband's name does not show on my 3 recent taxes since i 've filed alone with my kids, should i then only count 4 (me, 2 kids & mom) as the household size family?