F2A: What preparations are needed for I-864? How to avoid additional financial sponsorship documents being requested by NVC

F2A: WHAT IS I-864? I-864 is an Affidavit of Support, or commitment of financial sponsorship. This is a document in which the sponsor commits to being financially responsible for the sponsored person in accordance with US immigration law. For F2A applications processed through NVC, I-864 is an important part of the Financial Documents set. It should not be simply understood that: Having a job is enough. Having money in the bank is enough. Having a house is enough. I-864 must be prepared according to the requirements of sponsor, household size, income, assets and financial proof. WHO IS THE MAIN SPONSOR? In the F2A application, it is usually the person who must fulfill the financial sponsorship obligation and submit I-864 if the application is required. Petitioner must still file I-864 even if income is insufficient and must use Joint Sponsor. This is a point that many people misunderstand. Having a Joint Sponsor does not mean that the I-864 can be waived. WHAT CONDITIONS MUST A SPONSOR MEET? Financial Sponsors generally must: From 18 years old and up. Be a US citizen or legal permanent resident if eligible to sponsor. Have domicile in the United States or meet regulatory domicile requirements. Sign I-864. Meet applicable financial requirements. CAN F2A USE JOINT SPONSOR? Have. If the individual does not have enough income as required, a Joint Sponsor can be used if the person meets all the conditions. Joint Sponsor does not necessarily have to be a relative of the sponsored person. It is important that the Joint Sponsor must be legally and financially qualified. WHO COULD JOINT SPONSOR BE? A suitable Joint Sponsor usually must: From 18 years old. Be a US citizen or legal permanent resident. There is domicile in the United States. Meet the income requirements based on their household size. Agree to be responsible under I-864. Able to provide financial evidence. CAN JOINT SPONSOR COME INCOME WITH PETITIONER? Not in the way many people think. Joint Sponsor is an independent sponsor.This person must meet financial requirements based on his or her household size and the people he or she must count against. It's not simple to get: Joint Sponsor income then add them together to reach the required level. If using a Joint Sponsor, a separate set of I-864 must be prepared for the Joint Sponsor. HOW IS I-864A DIFFERENT FROM I-864? I-864A is Contract Between Sponsor and Household Member. This document is intended for use by certain eligible household members who wish to use their income or assets to assist their sponsor in meeting their financial requirements. I-864: For sponsors or Joint Sponsors. I-864A: Available to household members who qualify for sponsor support. EXAMPLE OF I-864A Petitioner has insufficient income. Everyone's wife lives in the same house and has an income. If the wife meets the eligibility criteria to use household member income, she may need to sign an I-864A. Then: Petitioner → I-864. Household Member → I-864A. I-864 should not be replaced with I-864A. WHAT IS HOUSEHOLD SIZE? Household size is the number of people counted when determining the sponsor's minimum income. This is a very important part. Not just: Petitioner beneficiary household size is always equal to 2. Household size may include many other components depending on the situation. WHO CAN BE COUNTED IN THE HOUSEHOLD SIZE? Depending on the situation, household size may be related to: Sponsor. Sponsor's spouse. Sponsor's children or dependents. People who are being sponsored by sponsors in related cases. Other people the sponsor must account for according to the I-864 regulations. Therefore, before calculating income, household size must be determined first. WHY IS HOUSEHOLD SIZE IMPORTANT? Because the minimum income increases with household size. For example: Household size 2 not the same Household size 4. If you calculate household size incorrectly, the sponsor may incorrectly conclude that you are or are not financially qualified. WHAT IS THE I-864 INCOME LEVEL?For most sponsors, the income requirement is at least 125% of the applicable Federal Poverty Guidelines for household size. In some cases, active military personnel sponsoring their spouse or children have different percentage regulations. Therefore, a fixed number should not be used for every F2A application. SHOULD I USE THE OLD INCOME TABLE ON FACEBOOK? Shouldn't. Poverty Guidelines are updated each year. An income statement posted from a previous year may no longer be current by the time the I-864 petition is processed. Please check the applicable chart at the time of filing your I-864. DO CALIFORNIA OR FLORIDA HAVE DIFFERENT I-864 LEVELS? California and Florida do not have separate 125% tables simply because they are different states. For areas within the 48 contiguous states and certain areas covered by the same table, rates are calculated according to the respective Federal Poverty Guidelines. Hawaii and Alaska have their own boards. Therefore, the I-864 should not be calculated according to each state's minimum wage. WHAT INCOME TO USE IN CONSIDERING I-864? One of the important sections is current annual income. Sponsor needs to prove current financial capacity. Don't just look at a number on the tax return and make a conclusion. For example: Last year's income was low. This year the sponsor has a stable job with a higher income. Need to prepare evidence to show current income situation. IS TAX TRANSCRIPT IMPORTANT? Have. NVC recommends the IRS Tax Transcript because this document often helps NVC evaluate the completeness of the I-864 more effectively. In addition to the tax transcript, depending on the situation, you may need to add: W-2. 1099. Pay stubs. Employment verification. Other proof of income. CAN TAX RETURN BE SUBMITTED INSTEAD OF TAX TRANSCRIPT? Maybe under the right circumstances. But if you use the Federal Tax Return version, you need to provide all the required documents. Tax Transcript is often a more convenient choice for checking records. WHAT IF INCOME IN THE LAST YEAR WAS NOT ENOUGH BUT CURRENTLY IT IS SUFFICIENT? Don't just ignore the most recent tax year.Sponsor needs to explain the current situation and provide appropriate evidence. For example: Unemployed last year. This year there are new jobs. Can prepare: Employment Letter. Pay Stubs. Proof of current income. Relevant financial documents. The goal is to help the applicant understand the sponsor's current financial situation. WHAT IF SPONSOR IS OWN BUSINESS? Self-employed cases may require more evidence than salaried employees. May be related to: Tax Transcript. Tax Return. 1099. Business records. Proof of income. Proof of business activity. Other documents depending on the case. Don't just send a photo of your bank account and consider it proof of income. IS PAY STUB NECESSARY? Pay Stubs are useful evidence to show current income. If the sponsor is working for a salary, you should prepare some recent pay stubs. Information should clearly show: Sponsor name. Employer name. Income. Pay time. Related information. IS EMPLOYMENT LETTER IMPORTANT? Can be very useful. Employment Letter can show: Sponsor is working. Company name. Position. Salary. Working time. Employer contact information, if available. However, an Employment Letter does not automatically replace all other financial documents. IS A W-2 NEEDED? Depends on the sponsor's set of evidence. W-2 can be used to prove income and compare with tax records. If NVC requests or the application requires additional evidence, the appropriate W-2 should be provided. WHAT IF SPONSOR HAS MANY WORKS? Don't just take income from one job if the sponsor has multiple eligible sources of income. It is necessary to consider the entire income situation according to the I-864 instructions. Sources of income must have appropriate evidence. IF INCOME IS NOT ENOUGH, CAN I USE ASSETS? Have. In some cases, the sponsor can use assets to make up the gap between income and the requirement. Assets must meet the conditions of value and ability to be converted into money.IN WHAT RATE DOES F2A USE ASSETS? This is a very important point. For many family-based cases that do not fall under the special exception, the asset value needs to meet a level equivalent to five times the difference between the required income and the actual income. Some special cases have different rates. You should not take the 3-fold rule that applies to some cases of sponsoring spouses or children of US citizens and then mechanically apply it to F2A. F2A of LPR needs to be calculated correctly according to actual cases. WHAT COULD THE ASSETS BE? Depending on the situation, you may consider: Savings money. Share. Bonds. Real estate. Some assets are convertible into cash. Asset value must be proven and calculated according to the appropriate net value. DOES AN CURRENT HOUSE BE COUNTED? It is possible in case of eligibility. But the estimated selling price of the house should not be taken as the property value. Need to determine: Asset value. Remaining loan. Liens or related obligations. Actual net worth. Documents proving ownership and value. DO CARS COUNT? Vehicle assets have their own regulations. You should not default to the value of your vehicle in daily use as I-864 assets. If you want to use the vehicle value, you need to check the applicable conditions and proof requirements. CAN THE ASSUMES OF THE GUARANTEE BE USED? In some cases, it is possible to use the intending immigrant's assets if applicable conditions are met. Assets need to be convertible into cash and meet relevant requirements. You should not add the sponsored person's assets to the I-864 if you have not determined that person is eligible. IF YOU HAVE JOINT SPONSOR, DO YOU NEED PETITIONER'S ASSETS? Not necessarily. If there is insufficient income and the Joint Sponsor qualifies, the Joint Sponsor can file a separate I-864. There is no need to attempt to include all of the present's assets in the filing if it is not necessary. However, the individual must still complete his or her I-864. DOES JOINT SPONSOR HAVE TO LIVE IN THE SAME STATE AS THE SPONSOR? Are not.The Joint Sponsor does not have to live in the same state as the beneficiary. It is important that the Joint Sponsor meets the legal, domicile and financial conditions. IS JOINT SPONSOR A RELATIVE? Optional. A qualified Joint Sponsor may not be related to the beneficiary. It is important that the person meets the Joint Sponsor conditions and is solely responsible under the I-864. CAN TWO JOINT SPONSOR BE USED? In some cases, two Joint Sponsors can be used for different applicants in the same petition according to regulations. But you should not understand that you can arbitrarily divide a file into as many Joint Sponsors as you like. Each Joint Sponsor must meet its own qualifications and be responsible for intending immigrants listed on its I-864. CAN A PETITIONER USE A SPOUSE'S INCOME? It is possible in some cases if the household member meets the conditions. When using a household member's income, he or she may be required to sign an I-864A. This is different from finding a Joint Sponsor outside household. WHAT IF SPONSOR'S SPOUSE DOESN'T LIVE IN THE SAME HOUSE? Do not automatically use a spouse's income as a household member. Conditions for using household member income depend on specific regulations and circumstances. If the I-864A condition is not met, the person may need another sponsorship option. PROOF OF U.S. STATUS The Financial Sponsor or Joint Sponsor needs to prepare proof of legal status in the United States as required. Examples could be: U.S. Passport. Naturalization Certificate. Green Card. Other suitable documents. PROOF OF DOMICILE Domicile is a very important matter. Sponsor must meet the domicile requirement in the United States or be eligible to demonstrate how to meet this requirement. If currently living abroad, do not assume that simply having citizenship or a green card is enough. The actual domicile status should be considered.CAN A PETITIONER LIVING IN VIETNAM SPONSOR? Don't immediately conclude that it doesn't work. There are cases where individuals are living abroad but can still meet the domicile requirement if they can prove domicile in the United States or have a suitable plan to establish domicile. This is a case that requires careful preparation of evidence. IS I-864 PERMANENT COMMITMENT? Not permanently in any case. The sponsor's liability under I-864 usually ends when one of the statutory conditions occurs, such as the beneficiary becoming a US citizen or receiving 40 qualifying quarters as prescribed. The fact that the beneficiary moves, changes jobs, or no longer lives with the sponsor does not automatically terminate the I-864 obligation. WHAT IF THE SPONSORED RECEIVES PUBLIC BENEFITS? I-864 is a legal commitment. In some cases, agencies providing certain means-tested public benefits may require the sponsor to reimburse expenses in accordance with the law. Therefore, the person signing the I-864 needs to understand that this is not just a procedural form. HOW DOES NVC REVIEW I-864? NVC examines the I-864 application and financial evidence to determine the completeness of the application. If there is a problem, NVC can send a notice requesting correction or supplementation. For example: Missing signature. Wrong form version. Missing tax documents. Lack of proof of legal status. Not enough proof of income. Wrong household size. Lack of domicile evidence. Missing Joint Sponsor documents. COMMON I-864 ERRORS Using the wrong version of I-864. Forgot to sign. Wrong signing date. Wrong household size. Miscalculation of income. Use the old Poverty Guidelines table. Failure to submit appropriate tax transcripts or tax documents. Missing W-2 or additional documentation as needed. No proof of current income. Lack of proof of status. Lack of proof of domicile. Use Joint Sponsor but do not have separate I-864. Use household member without I-864A when needed. Uploaded wrong applicant. Scanned documents are unclear. Uploaded but not Submitted Documents.CHECKLIST I-864 FOR PETITIONER I-864 appropriate version. Fill in all information. Signed and dated. Determine the correct household size. Check the required income level. The nearest IRS Tax Transcript. Tax Return if needed. W-2/1099 if applicable. Current Pay Stubs. Employment Letter if any. Proof of U.S. status. status. Proof of domicile if needed. Proof of assets if using assets. CHECKLIST IF JOINT SPONSOR IS AVAILABLE I-864 of general. Joint Sponsor's own I-864. Proof of U.S. citizenship or LPR status. IRS Tax Transcript. Tax Return if applicable. W-2/1099 if needed. Evidence of current income. Proof of domicile. Proof of assets if using assets. Check the joint sponsor's household size. Check if the Joint Sponsor has enough personal income or not. CHECKLIST IF USING I-864A Sponsor I-864. Household Member I-864A. Proof of relationship or household relationship depending on the case. Proof of income. Tax Transcript. W-2/1099 if applicable. Asset documents if used. Check household size. Check the signature and date of signing. BEFORE UPLOAD I-864 Check form version. Check signature. Check the date. Check household size. Check your income. Check Poverty Guidelines. Check tax transcript. Check current income. Check proof of status. Check domicile. Check Joint Sponsor if available. Check I-864A if applicable. Check all scanned files. AFTER UPLOADING I-864 Don't think that the application is complete right away. Need to check status on CEAC. Make sure relevant financial documents have been uploaded. Check Civil Documents. Check out the DS-260. Then perform Submit Documents when all requirements have been completed. HOW SHOULD CASETRACKER AUTO TRACK I-864? In the F2A application, the Financial Documents section should have its own checklist: I-864 Petitioner. IRS Tax Transcript. Tax Return. W-2. 1099. Pay Stubs. Employment Letter. Proof of Status. Proof of Domicile. Assets. I-864A. Joint Sponsor I-864. Joint Sponsor Tax Transcript.Joint Sponsor Proof of Status. Joint Sponsor Proof of Domicile. Each document can track: Not prepared. Preparing. Scanned. Uploaded. Submitted. Required to supplement. Completed. A GOOD I-864 APPLICATION IS NOT JUST “SUFFICIENT INCOME” A good I-864 needs to have consistency between: I-864. DS-260. Tax Transcript. Tax Return. W-2. Pay Stubs. Employment Letter. Proof of Status. Domicile. Household Size. Civil Documents. If this information conflicts, the records may need to be explained or supplemented. CONCLUSION The I-864 is one of the most important parts of the F2A application at NVC. The guarantor needs to accurately determine: Who is the sponsor? What is the Household size? What is the required income level? Is current income sufficient or not? Is it necessary to use the asset or not? Is I-864A needed or not? Is Joint Sponsor needed or not? Domicile meets the requirements or not. Are Financial Documents complete or not? In particular, you should not only look at income on tax return. NVC may consider both the sponsor's current financial situation and credentials. If there is insufficient income, there may still be solutions such as using a qualified household member or Joint Sponsor. But no matter which option is used, the paperwork must be properly prepared and each sponsor must meet his or her own conditions. A rule to remember: I-864 is not just a form. I-864 is a legal financial commitment. So, before Submitting Documents, check all I-864 and Financial Documents one last time.