Instructions For Form I-864 - Affidavit Of Support Under Section 213a Of The Ina (Page 11 of 16) in pdf

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any

dependent children under 21 years of age, any other dependents listed on your most recent Federal income tax return, all

persons being sponsored in this affidavit of support, and any immigrants previously sponsored with Form I-864 or Form

I-864 EZ, Affidavit of Support Under Section 213A of the INA, whom you are still obligated to support. If necessary to

meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as

part of your household size as long as they have the same principal residence as you and promise to use their income and

resources in support of the intending immigrant(s).

What If I Cannot Meet the Income Requirements?

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be

ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the

following:

1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal

income tax return who signed Form I-864A, Contract Between Sponsor and Household Member;

2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the

intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income

can be counted regardless of current residence, but it must continue from the same source after he or she becomes a

lawful permanent resident;

3. The value of your assets, the assets of any household member who has signed Form I-864A, or the assets of the

intending immigrant(s); or

4. A joint sponsor whose income and/or assets equal at least 125 percent of the Federal Poverty Guidelines. (See the

What Is a Joint Sponsor section of these Instructions for more information.)

How Can My Relatives and Dependents Help Me Meet the Income Requirements?

You may use the income of your spouse and/or any other relatives living in your residence if they are willing to be jointly

responsible with you for the intending immigrant(s) you are sponsoring. If you have any unrelated dependents listed on

your Federal income tax return you may include their income regardless of where they reside.

The income of such household members and dependents can be used to help you meet the income requirements if they

complete and sign Form I-864A, Contract Between Sponsor and Household Member, and if they are at least 18 years of

age when they sign the affidavit.

Can the Intending Immigrant Help Me Meet the Income Requirements?

If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the

intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or

she obtains lawful permanent resident status.

If the intending immigrant is another relative, there are two requirements:

1. The income must be continuing from the same source after he or she obtains lawful permanent resident status; and

2. The intending immigrant must currently live with you in your residence.

Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used

to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household

Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the

contract relates to support for the spouse and/or children.

Form I-864 Instructions 07/02/15 N

Page 11 of 16

Instructions For Form I-864 - Affidavit Of Support Under Section 213a Of The Ina Page 11