1. What is Form I-864A?
Form I-864A is a contract between a sponsor and a household member that is used in immigration cases where the sponsor alone does not meet the financial requirements to sponsor an immigrant. This form is specifically designed for situations where additional household members’ income and/or assets will be included to help meet the minimum income requirement needed to sponsor an immigrant. By signing Form I-864A, the household member agrees to be jointly responsible with the sponsor for financially supporting the sponsored immigrant until the immigrant becomes a U.S. citizen or can be credited with 40 quarters of work in the U.S.
1. The form requires the household member to provide their own income and asset information to demonstrate their financial ability to support the immigrant.
2. The household member is legally bound to provide financial support to the immigrant if the sponsor is unable to meet their obligations.
3. Form I-864A increases the chances of a successful immigration application by ensuring that the financial requirements are met through the combined resources of the sponsor and household member.
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 a household member who is joining the primary sponsor on an affidavit of support for an intending immigrant. This form allows the combined income and assets of both the primary sponsor and the household member to be considered when determining if the financial requirements set by the U.S. Citizenship and Immigration Services (USCIS) are met. The household member must be willing to assume joint and several liability for the sponsored immigrant along with the primary sponsor. Submitting Form I-864A is essential to demonstrate sufficient financial support to the USCIS as part of the overall immigration process.
3. What is the purpose of Form I-864A?
Form I-864A, officially titled the “Contract Between Sponsor and Household Member,” serves the purpose of allowing a sponsor to include the income and assets of a household member in order to meet the minimum income requirement for sponsoring an immigrant. The main purpose of Form I-864A is to provide additional assurance to the U.S. government that the sponsored immigrant will have enough financial support and resources available to prevent them from becoming a public charge. By signing this contract, the household member agrees to be jointly responsible with the sponsor for financially supporting the immigrant and repaying any means-tested public benefits the immigrant receives in the future. This form is particularly useful when the sponsor lacks sufficient income or assets to meet the requirements on their own, making it possible for them to pool resources with a qualifying household member to meet the obligations of the Affidavit of Support.
4. Who can be a household member on Form I-864A?
On Form I-864A, a household member is someone who resides with the sponsor and is related to the sponsor by birth, marriage, or adoption. Household members can include spouses, children, parents, siblings, stepchildren, stepparents, half-siblings, and parents-in-law. Additionally, other individuals who are not related by blood but reside with the sponsor, such as a roommate or significant other, may also be considered household members for the purposes of completing Form I-864A. It is important to note that household members on Form I-864A are distinct from the sponsored immigrant and the sponsor themselves.
5. What are the responsibilities of a household member on Form I-864A?
On Form I-864A, the responsibilities of a household member who is joining the sponsor in sponsoring an intending immigrant are outlined clearly. Some of these responsibilities include:
1. Agreement to be a joint sponsor: By signing the Form I-864A, the household member agrees to act as a joint sponsor with the main sponsor for the intending immigrant. This means they are taking on legal responsibility for financially supporting the immigrant, if necessary.
2. Financial support: The household member agrees to provide financial support to the intending immigrant at an income level that is at least 125% of the federal poverty guidelines. This support includes providing housing, food, and other daily necessities as required.
3. Permission for information verification: By signing the form, the household member agrees to allow the sponsor and relevant government agencies to verify their income, employment status, and any other relevant information that may be required for the sponsorship process.
4. Continued responsibility: The responsibilities of the household member continue until the intending immigrant becomes a U.S. citizen, has worked in the U.S. for 40 qualifying quarters, or leaves the U.S. permanently, among other conditions outlined in the form.
Overall, the household member plays a crucial role in supporting the intending immigrant financially and ensuring that they do not become a public charge while in the United States.
6. How does Form I-864A differ from Form I-864?
Form I-864A is a contract between a sponsor and a household member for the United States, while Form I-864 is the Affidavit of Support Under Section 213A of the Immigration and Nationality Act. Here are some key differences between the two forms:
1. Purpose: Form I-864A is specifically used when a household member is joining the sponsor in sponsoring an immigrant. The household member agrees to be jointly responsible for supporting the immigrant along with the sponsor. Form I-864, on the other hand, is used by the primary sponsor to demonstrate that they have the financial means to support the immigrant.
2. Signatories: In Form I-864A, both the sponsor and the household member must sign the agreement, acknowledging their joint responsibility for supporting the immigrant. Form I-864 is signed only by the primary sponsor, who takes full financial responsibility for the immigrant.
3. Income Requirements: While both forms require sponsors to meet specific income guidelines to demonstrate their ability to support the immigrant, Form I-864A allows the income of the household member to be included when determining eligibility, providing additional support for the immigrant’s financial needs.
Overall, Form I-864A involves a joint commitment to support the immigrant, while Form I-864 focuses on the primary sponsor’s individual responsibility. Both forms play a crucial role in ensuring that immigrants entering the United States have sufficient financial support.
7. Can a household member be a joint sponsor?
Yes, a household member can serve as a joint sponsor by completing Form I-864A – Contract Between Sponsor and Household Member. The primary sponsor must also submit Form I-864 – Affidavit of Support, and the joint sponsor must submit their own Form I-864 along with Form I-864A. This arrangement can be beneficial if the primary sponsor’s income alone does not meet the required financial threshold to sponsor the intending immigrant. The joint sponsor commits to providing financial support to the immigrant along with the household member. It is important to note that both the primary sponsor and the joint sponsor are equally responsible for financially supporting the immigrant and ensuring that they do not become a public charge.
8. Are there income requirements for household members on Form I-864A?
Yes, there are income requirements for household members who are included in Form I-864A. The primary sponsor must meet the minimum income requirement to sponsor an immigrant, and if their income alone does not meet the threshold, they may include the income of household members. However, they must ensure that the combined income of the sponsor and household members meets or exceeds 125% of the Federal Poverty Guidelines for their household size. The specific income requirements can vary depending on the number of people in the household and whether the sponsor is active duty military. It’s crucial for sponsors and household members to accurately report their income and provide supporting documentation to demonstrate their financial ability to support the intending immigrant. Failure to meet the income requirements can result in the denial of the immigrant’s visa application.
9. What documents are required to accompany Form I-864A?
When submitting Form I-864A – Contract Between Sponsor and Household Member, the following documents are typically required to accompany the form:
1. Proof of the relationship between the sponsor and the household member. This could include documents such as birth certificates, marriage certificates, or adoption papers to demonstrate the familial relationship between the sponsor and the household member.
2. Financial documents to support the sponsor’s Form I-864 – Affidavit of Support. This may include recent tax returns, W-2 forms, pay stubs, bank statements, and any other relevant financial information to demonstrate the sponsor’s ability to financially support the household member.
3. Proof of residency for the household member, if applicable. This could include documents such as a lease agreement, utility bills, or any other evidence of the household member’s legal residency in the United States.
4. Any other supporting documents that may be relevant to the sponsor or household member’s immigration or financial status.
It is important to carefully review the specific requirements outlined by the U.S. Citizenship and Immigration Services (USCIS) for Form I-864A to ensure that all necessary documentation is included with the submission to avoid any delays or complications in the immigration process.
10. Can a household member withdraw their support on Form I-864A?
Yes, a household member can withdraw their support on Form I-864A under certain circumstances. If the household member no longer wishes to be bound by the contract or is unable to fulfill the obligations stated in the form, they can formally withdraw their support. However, it is important to note the following:
1. Proper Notification: The household member must provide written notice of their intent to withdraw support to both the sponsor and the U.S. Citizenship and Immigration Services (USCIS) in a timely manner.
2. Replacement or Alternative Sponsor: If the household member’s support is being withdrawn, it may be necessary for the sponsor to find a replacement household member or meet the financial requirements on their own to support the intending immigrant.
3. Legal Implications: Withdrawal of support may have legal consequences, so it is advisable for the household member to seek legal counsel before making a decision.
4. Contractual Obligations: The household member should review the terms of the Form I-864A contract to ensure they are following the proper procedures for withdrawal and understand any potential repercussions.
In summary, while a household member can withdraw their support on Form I-864A, it is essential to proceed carefully and in accordance with the requirements outlined in the form to avoid any negative implications for both the household member and the sponsor.
11. What happens if a household member fails to meet their obligations on Form I-864A?
If a household member who has signed Form I-864A fails to meet their obligations, the sponsor of the intending immigrant may take legal action against them to enforce their obligations. This can include seeking financial support from the household member to help meet the minimum income requirement for the intending immigrant. Failure to meet the obligations on Form I-864A can also have consequences for the sponsor’s overall immigration case, potentially leading to the denial of the intending immigrant’s visa application or adjustment of status. It is essential for household members to understand the seriousness of the obligations they are agreeing to when signing Form I-864A and to fulfill them to avoid any legal or immigration issues.
12. Are there any exceptions for when Form I-864A is not required?
Form I-864A, the contract between sponsor and household member for the United States, is typically required when a sponsor alone does not meet the income requirements to sponsor an immigrant and must rely on the income of household members to meet the minimum income threshold. However, there are certain exceptions when Form I-864A is not required:
1. When the sponsor meets the income requirements on their own: If the sponsor’s income is sufficient to meet the minimum income requirements set by the U.S. Citizenship and Immigration Services (USCIS) without the need for additional household members’ income, Form I-864A may not be necessary.
2. When the sponsor is using assets to meet the financial requirements: In some cases, sponsors may have significant assets that can be used to meet the income requirements instead of relying on household member income. If the sponsor’s assets are enough to meet the minimum threshold, Form I-864A may be waived.
3. When the household member is not intending to be a joint sponsor: If the household member does not intend to be a joint sponsor and will not be contributing their income to support the immigrant, Form I-864A may not be required.
It is important to consult with an immigration attorney or USCIS directly to determine if any exceptions apply in a specific case and whether Form I-864A is required for sponsoring an immigrant to the United States.
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. This form is used when the primary sponsor does not meet the income requirements to sponsor the intending immigrant(s) alone, so they can include the income of one or more household members to help meet the minimum income requirement. Each additional household member included on Form I-864A must meet specific criteria such as being related to the primary sponsor, having a principal residence in the same household, and being willing to make their income and assets available to help support the intending immigrant(s) if necessary. It’s important to carefully follow the instructions on the form and provide accurate information for each household member listed.
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 until one of the following conditions is met:
1. The sponsored immigrant becomes a U.S. citizen.
2. The sponsored immigrant has worked and earned 40 qualifying quarters of Social Security coverage.
3. The sponsored immigrant permanently leaves the United States.
4. The sponsor dies.
5. The sponsored immigrant is no longer a permanent resident and departs the United States.
6. The sponsored immigrant dies.
7. The sponsor or household member dies.
8. The sponsor, household member, or sponsored immigrant receives or is approved to receive means-tested public benefits.
9. The sponsored immigrant stops being a permanent resident and departs the United States.
10. The sponsor’s obligation terminates in accordance with Form I-864A’s terms and conditions.
11. The sponsor’s obligations are terminated by a court of law.
12. The sponsor or the sponsored immigrant has filed for adjustment of status under Immigration and Nationality Act (INA) Section 245A.
13. The sponsored immigrant has worked or can be credited with 40 qualifying quarters under the Social Security Act.
14. The sponsor’s obligation terminates under the Public Law 96-422 requirements.
Therefore, the commitment of a household member on Form I-864A lasts until one of the aforementioned conditions is met.
15. Can a household member’s financial information be combined with the sponsor’s on Form I-864A?
No, a household member’s financial information cannot be combined with the sponsor’s on Form I-864A. The purpose of Form I-864A, which is officially known as the Contract Between Sponsor and Household Member, is to allow a household member to combine their income and/or assets with that of the sponsor in order to help meet the minimum income requirement for the intending immigrant. However, each individual’s financial information must be recorded separately on the form, and they must each meet the minimum income requirement on their own. Combining financial information from the sponsor and household member on Form I-864A is not permissible according to the guidelines set forth by U.S. Citizenship and Immigration Services (USCIS). It is essential that both the sponsor and household member accurately complete their respective sections of the form to ensure compliance with immigration regulations.
16. Can a household member on Form I-864A be a relative of the applicant?
Yes, a household member on Form I-864A can be a relative of the applicant. In fact, a household member who is a relative of the primary sponsor or the intending immigrant may complete a Form I-864A to combine their income and assets with the primary sponsor’s to meet the income requirements for the affidavit of support. The Form I-864A allows for the inclusion of additional household members’ income and assets to help meet the minimum income threshold required to sponsor an immigrant. However, it is important to note that the household member must be living in the same principal residence as the sponsor and must be willing to make their income and assets available for the support of the sponsored immigrant. Additionally, the sponsor and the household member must sign a legally binding contract agreeing to provide financial support to the immigrant if necessary.
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, but there are important considerations to keep in mind:
1. Each immigrant being sponsored must be listed on a separate Form I-864A, with the appropriate details filled out for each individual.
2. The household member must meet the necessary income requirements to sponsor all the immigrants listed on the forms. The income requirements can vary depending on the number of immigrants being sponsored.
3. The household member is making a legally binding commitment to provide financial support for each immigrant until they become a U.S. citizen, have worked or earned credit for 40 quarters of work, leave the U.S., or die, whichever comes first.
4. It’s important for the household member to understand the responsibilities and obligations involved in sponsoring multiple immigrants on Form I-864A and ensure that they are able to fulfill those obligations for each sponsored individual.
18. Can a household member on Form I-864A be removed from the contract?
Yes, a household member on Form I-864A can be removed from the contract under certain circumstances. Here are a few scenarios where this may be applicable:
1. If the household member’s financial situation changes significantly, such as finding employment or increasing their income to a level where their support is no longer needed.
2. If the household member no longer resides with the sponsor and is not dependent on them for financial support.
3. If the sponsor finds another household member who is willing to replace the current one on the Form I-864A and meets the necessary criteria.
In any case, it is important to follow the proper procedures and notify the appropriate authorities, such as USCIS, of any changes or updates to the Form I-864A contract.
19. Can a household member on Form I-864A be a U.S. citizen or a legal permanent resident?
1. Yes, a household member on Form I-864A can be a U.S. citizen or a legal permanent resident. In order to assist the primary sponsor in meeting the income requirements for sponsoring an immigrant, a household member who is a U.S. citizen or a legal permanent resident can also be included on the Form I-864A as a joint sponsor. This household member becomes a co-sponsor along with the primary sponsor and is equally responsible for financially supporting the intending immigrant.
2. By including a household member who is a U.S. citizen or a legal permanent resident on Form I-864A, the income and assets of both sponsors can be combined to meet the minimum income requirement set by the U.S. Citizenship and Immigration Services (USCIS). This joint sponsorship can strengthen the overall financial position of the sponsor and fulfill the obligations outlined in the Affidavit of Support.
3. It’s important for both the primary sponsor and the household member to understand the responsibilities and obligations associated with signing Form I-864A, as they are entering into a legally binding contract with the U.S. government. Both sponsors must be aware of the financial implications and the potential liabilities involved in sponsoring an immigrant through this process.
20. How does a household member on Form I-864A prove their income and assets?
A household member on Form I-864A can prove their income and assets through the following methods:
1. Submitting recent pay stubs or wage statements to demonstrate their regular income.
2. Providing copies of the most recent income tax returns to show their annual income.
3. Presenting employer verification letters outlining their salary, hours worked, and job stability.
4. Offering bank statements to verify their savings or assets.
5. Submitting documentation of any investments, retirement accounts, or other sources of income.
By providing these forms of documentation, the household member can effectively prove their financial ability to support the intending immigrant in conjunction with the sponsor’s Form I-864.