1. What is Form I-864A?
Form I-864A is a supplemental form that is typically required in conjunction with Form I-864, Affidavit of Support, when multiple household members are combining their income and assets to sponsor an intending immigrant. This form is used to provide additional information about the household member’s income and assets to help demonstrate that the household’s total income is sufficient to meet the minimum financial requirements set by the U.S. government for sponsoring an immigrant.
1. The primary sponsor (the individual completing the Form I-864) may choose to include the income and assets of a household member to help meet the minimum income requirement.
2. The household member who is included in Form I-864A is then legally bound to support the sponsored immigrant along with the primary sponsor.
3. By completing Form I-864A, the household member is agreeing to be a joint sponsor and is taking on the financial responsibility to ensure that the immigrant has adequate means of support and does not become a public charge while in the United States.
2. Who is required to submit Form I-864A?
Form I-864A, also known as the Contract Between Sponsor and Household Member, is required to be submitted by individuals who are participating in the sponsorship of an immigrant applicant for adjustment of status under Section 245(i) of the Immigration and Nationality Act. The form is specifically needed when the primary sponsor’s income and assets alone do not meet the minimum financial requirements set forth by the U.S. Citizenship and Immigration Services (USCIS) for the sponsored immigrant to become a permanent resident. In such cases, additional household members can provide their income and assets to help meet the financial obligations of sponsorship. The completion and submission of Form I-864A is crucial in ensuring that the sponsored immigrant has the necessary financial support to successfully adjust their status in the United States.
3. What is the purpose of Form I-864A?
Form I-864A, officially known as the “Contract Between Sponsor and Household Member,” serves the purpose of allowing a household member to combine their income with the main sponsor’s income in order to meet the minimum income requirement for sponsoring an immigrant. Here are some key points about the purpose of Form I-864A:
1. Supplemental Income: Form I-864A is used when the income of the primary sponsor is insufficient to meet the required income level to sponsor the intending immigrant. In such cases, a household member can provide additional income to help meet the financial obligations of sponsorship.
2. Joint Responsibility: By signing Form I-864A, the household member agrees to be jointly and severally liable with the sponsor for the financial support of the intending immigrant. This means both the sponsor and the household member are legally responsible for financially supporting the immigrant.
3. Meeting Income Requirements: The main purpose of Form I-864A is to ensure that the intending immigrant will have enough financial support to avoid becoming a public charge. By combining the income of the sponsor and the household member, the sponsor can demonstrate that they meet the minimum income requirements set by the U.S. immigration authorities.
In summary, Form I-864A plays a crucial role in allowing household members to contribute their income to support the sponsorship of an immigrant and ensures that the financial requirements for immigration sponsorship are met.
4. Who can be a household member on Form I-864A?
Household members on Form I-864A are individuals who currently reside with the primary sponsor (the person completing Form I-864) and the intending immigrant. Household members can be either related or unrelated to the primary sponsor and the intending immigrant. The key requirement for household members is that they must have the same principal residence as the primary sponsor. Household members can include:
1. Spouse of the primary sponsor.
2. Children of the primary sponsor (biological or adopted).
3. Dependents of the primary sponsor, such as parents, siblings, or other relatives who reside in the same household as the primary sponsor.
Household members are included on Form I-864A to combine their income and assets with that of the primary sponsor to meet the minimum financial requirements for the sponsor’s Affidavit of Support. It is important to provide accurate and detailed information about household members on Form I-864A to ensure the successful processing of the adjustment of status application.
5. What are the responsibilities of a household member on Form I-864A?
Household members are individuals who live with the sponsor and are not required to file a separate Form I-864. When a household member is included as part of the sponsorship on Form I-864A, they are agreeing to help support the intending immigrant financially if the sponsor is unable to meet the financial obligations. The responsibilities of a household member on Form I-864A include:
1. Providing their personal information, including their name, address, and relationship to the sponsor.
2. Providing information about their income and assets to help meet the minimum income requirement.
3. Agreeing to support the intending immigrant by providing financial assistance to the best of their ability if needed.
4. Understanding that by signing Form I-864A, they are legally obligated to support the immigrant and may be held financially responsible in case the sponsor is unable to meet the obligations.
By including a household member on Form I-864A, the sponsor can strengthen their financial position and increase the likelihood of the adjustment of status application being approved.
6. How does Form I-864A differ from Form I-864?
Form I-864A, also known as the Contract Between Sponsor and Household Member, differs from Form I-864, the Affidavit of Support Under Section 213A of the INA, in several key ways:
1. Purpose: Form I-864A is used when the primary sponsor does not meet the income requirements alone and needs to include the income of household members to meet the minimum income requirements for sponsoring an intending immigrant. On the other hand, Form I-864 is used by the primary sponsor to demonstrate they can financially support the intending immigrant.
2. Signatories: Form I-864A is signed by the primary sponsor and the household member(s) who are contributing their income to help meet the income requirement. In contrast, Form I-864 is signed only by the primary sponsor.
3. Joint and Several Liability: By signing Form I-864A, the primary sponsor and household member(s) agree to joint and several liability, meaning they are both responsible for financially supporting the intending immigrant. With Form I-864, only the primary sponsor is legally obligated to provide financial support.
4. Submission: Both forms are submitted as part of the overall sponsorship package for an intending immigrant, but they serve different purposes in demonstrating financial support.
In summary, while Form I-864A and Form I-864 are related in the context of sponsoring an intending immigrant, they serve distinct roles in determining financial support and responsibility.
7. Can a household member be a joint sponsor?
Yes, a household member can act as a joint sponsor for Form I-485 Supplement A under Section 245(i) if the primary sponsor does not meet the financial requirements outlined by U.S. Citizenship and Immigration Services (USCIS). In such cases, the household member can provide their income and assets to help support the applicant’s adjustment of status application. However, there are specific requirements that the household member must meet to qualify as a joint sponsor, including but not limited to:
1. The household member must be a U.S. citizen or lawful permanent resident.
2. The household member must meet the minimum income requirements for the affidavit of support.
3. The household member must be willing to provide their tax returns, pay stubs, and other financial documentation to demonstrate their ability to support the applicant.
4. The household member must file a separate Form I-864 Affidavit of Support in addition to the primary sponsor.
It is important to ensure that the joint sponsor meets all the necessary criteria to avoid any delays or complications in the adjustment of status process.
8. Are there income requirements for household members on Form I-864A?
Yes, there are income requirements for household members on Form I-864A when it is submitted along with Form I-864, Affidavit of Support. The household member who completes Form I-864A is considered a co-sponsor and must meet the income requirements set by the U.S. Citizenship and Immigration Services (USCIS). The income requirement for a household member on Form I-864A is the same as that for the primary sponsor on Form I-864, which is typically 125% of the federal poverty guidelines for the household size. It is important for the household member who is acting as a co-sponsor to demonstrate that their income is sufficient to support the intending immigrant and any other dependents. Failure to meet the income requirements may result in the denial of the adjustment of status application.
9. What documents are required to accompany Form I-864A?
When filing Form I-864A, the Adjustment of Status Under Section 245(i) for the United States, there are specific documents that should be submitted to support the application. Some of the key documents required to accompany Form I-864A include:
1. Copy of the primary sponsor’s Form I-864: This is necessary to show that the primary sponsor has already filed an Affidavit of Support (Form I-864) and meets the income requirements to support the intending immigrant.
2. Proof of primary sponsor’s income: Documents such as tax returns, W-2 forms, and recent pay stubs should be included to demonstrate the primary sponsor’s ability to financially support the intending immigrant.
3. Identity and citizenship documents: Copies of the primary sponsor’s proof of identity and U.S. citizenship or lawful permanent resident status should be provided.
4. Personal information: The primary sponsor should also provide their personal information, including their full name, address, social security number, and contact details.
5. Relationship to the intending immigrant: Documentation establishing the relationship between the primary sponsor and the intending immigrant may also be required.
Submitting these documents along with Form I-864A helps to establish the financial support system for the intending immigrant and increases the likelihood of a successful adjustment of status application under Section 245(i) for the United States.
10. Can a household member withdraw their support on Form I-864A?
No, a household member who has signed Form I-864A, Contract Between Sponsor and Household Member, cannot unilaterally withdraw their support. When a household member signs Form I-864A, they agree to be jointly responsible along with the sponsor for supporting the intending immigrant. This joint responsibility cannot be revoked by the household member alone. If the sponsor or the household member no longer wishes to be financially responsible, they must follow the appropriate legal procedures to request a formal release from this obligation, which generally involves filing Form I-864W, Intending Immigrant’s Affidavit of Support Exemption. It is important for all parties involved to understand the full extent of the commitment they are making when signing these support documents to avoid any misunderstandings or complications in the future.
11. What happens if a household member fails to meet their obligations on Form I-864A?
If a household member fails to meet their obligations on Form I-864A, it can have serious consequences for the primary sponsor and the applicant seeking adjustment of status under Section 245(i). Here are some potential outcomes:
1. The primary sponsor will be legally responsible for providing financial support to the applicant because by signing Form I-864A, they have agreed to be a financial sponsor for the applicant.
2. If the household member who signed Form I-864A fails to meet their obligations and the primary sponsor also cannot provide sufficient financial support on their own, it could lead to the denial of the adjustment of status application.
3. The primary sponsor may be subject to legal action or have to reimburse any government benefits received by the applicant if the obligations on Form I-864A are not fulfilled.
4. Additionally, failure to meet obligations on Form I-864A could adversely affect the primary sponsor’s ability to sponsor other immigrants in the future or may lead to negative immigration consequences for the household member who failed to meet their obligations.
12. Are there any exceptions for when Form I-864A is not required?
Yes, there are exceptions to when Form I-864A is not required as a part of the adjustment of status process under Section 245(i). The primary exception is when the principal sponsor (the petitioner) has sufficient income to meet the minimum financial requirements on their own, without the need for a joint sponsor or household member’s income to be included. In such cases, Form I-864A would not be necessary. Additionally, if the applicant can demonstrate that they are able to support themselves through their own income or assets, they may be exempt from submitting Form I-864A. It is crucial to carefully review the specific financial requirements and guidelines provided by USCIS to determine whether Form I-864A is required in a particular case.
13. Can more than one household member be listed on Form I-864A?
Yes, more than one household member can be listed on Form I-864A when completing the form for adjustment of status under Section 245(i) for the United States. Form I-864A, officially known as the Contract Between Sponsor and Household Member, is used to combine the income and assets of the main sponsor with those of one or more household members to meet the minimum income requirement for sponsoring an immigrant. Including multiple household members on Form I-864A can be beneficial if the main sponsor’s income alone does not meet the required threshold set by the U.S. Citizenship and Immigration Services. Each household member listed on the form must meet the eligibility criteria and provide necessary documentation to support their income and assets. It is important to accurately complete and submit Form I-864A with all required details to ensure a successful adjustment of status process.
14. How long is the commitment of a household member on Form I-864A?
The commitment of a household member on Form I-864A is legally binding and continues until one of the following events occurs:
1. The sponsor’s Form I-864A is terminated by the sponsor or household member through written notice to USCIS.
2. The sponsored immigrant becomes a U.S. citizen.
3. The sponsored immigrant is credited with 40 qualifying quarters of coverage under the Social Security Act.
4. The sponsored immigrant dies.
5. The sponsored immigrant permanently departs the United States.
6. The sponsor dies.
Until one of these events takes place, the commitment of a household member specified on Form I-864A remains in effect. It is important for both the sponsor and the household member to understand and be aware of the duration and implications of this commitment to ensure compliance with immigration regulations.
15. Can a household member’s financial information be combined with the sponsor’s on Form I-864A?
Yes, a household member’s financial information can be combined with the sponsor’s on Form I-864A, also known as the Contract Between Sponsor and Household Member. This form is used to demonstrate the combined income and assets of the sponsor and the household members to meet the financial requirements for the sponsored immigrant. Here are some key points to remember when combining a household member’s financial information with the sponsor’s on Form I-864A:
1. The household member must be legally residing in the United States and willing to be jointly responsible for the sponsored immigrant.
2. Both the sponsor and the household member must sign the Form I-864A and agree to make their income and assets available for the support of the sponsored immigrant.
3. The combined income and assets of the sponsor and the household member must meet or exceed 125% of the Federal Poverty Guidelines to qualify as a sponsor.
4. It’s essential to provide accurate and up-to-date financial information, including income, assets, debts, and expenses, for both the sponsor and the household member on Form I-864A.
By combining the financial information of the sponsor and a household member on Form I-864A, you can demonstrate the ability to financially support the sponsored immigrant and increase the chances of a successful adjustment of status under Section 245(i) of the Immigration and Nationality Act.
16. Can a household member on Form I-864A be a relative of the applicant?
No, a household member on Form I-864A cannot be a relative of the applicant. The purpose of Form I-864A, which is used to sponsor intending immigrants along with the Form I-864 Affidavit of Support, is to include the income and assets of another person to help the main sponsor meet the financial requirements for the sponsored immigrant. This household member must be an individual who currently lives with the sponsor and is related to the sponsor by blood, marriage, or adoption, in order to combine their income and assets for the purposes of meeting the minimum financial requirements set by the U.S. Citizenship and Immigration Services (USCIS). A relative of the applicant, who is not living with the sponsor and does not meet the specified criteria, cannot be included as a household member on Form I-864A.
17. Can a household member on Form I-864A sponsor multiple immigrants?
Yes, a household member listed on Form I-864A can sponsor multiple immigrants if they meet the income requirements as specified by the Form I-864P, which outlines the minimum income required based on the Federal Poverty Guidelines. Each immigrant being sponsored will still need to have an individual Form I-864A filled out for them by the same household member, and the sponsor must demonstrate the ability to financially support all the sponsored immigrants. The sponsor’s total household income and assets will be evaluated to ensure they meet the financial requirements to support all the sponsored individuals. It is crucial for the sponsor to provide accurate and truthful information on the forms to avoid any delays or complications in the adjustment of status process.
18. Can a household member on Form I-864A be removed from the contract?
Yes, a household member listed on Form I-864A can be removed from the contract under certain circumstances. The primary sponsor who signed the Form I-864A may request to remove a household member if that member’s income is no longer needed to meet the minimum income requirement or if the household member no longer resides with the sponsor. To remove a household member from the contract, the primary sponsor should submit a written request to the U.S. Citizenship and Immigration Services (USCIS) explaining the reason for the removal and providing any necessary documentation to support the request. It’s important to follow the proper protocol and procedures outlined by USCIS to ensure that the removal of the household member is processed correctly.
19. Can a household member on Form I-864A be a U.S. citizen or a legal permanent resident?
Yes, a household member on Form I-864A can be a U.S. citizen or a legal permanent resident. The purpose of Form I-864A is to provide additional income and assets to support the intending immigrant during the adjustment of status process. The household member, who may be a relative or a friend of the sponsor, must be willing to be jointly responsible for financially supporting the intending immigrant along with the primary sponsor. It is important for the household member to meet the necessary requirements and demonstrate their ability to provide financial support by submitting their own Form I-864A along with required documentation. This additional support can strengthen the overall financial profile of the adjustment of status application.
20. How does a household member on Form I-864A prove their income and assets?
Household members on Form I-864A can prove their income and assets in several ways:
1. Employment Verification: Household members can provide recent pay stubs or a letter from their employer verifying their income.
2. Tax Returns: Submitting copies of their recent tax returns can demonstrate their income over the past year.
3. Asset Verification: Household members can prove their assets by providing bank statements, investment account statements, or property ownership documents.
4. Letter of Explanation: A detailed letter explaining any additional sources of income or assets can also be included to provide a comprehensive view of the household member’s financial situation.
It is important for household members to ensure that all documentation provided is accurate, up-to-date, and clearly demonstrates their ability to financially support the applicant.