Background:

All immediate relative and family-based immigrants, including orphans, must have a sponsor. And a sponsor is required for employment- based immigrants who are coming to work for a relative or for a company in which a relative owns 5 percent or more of the company. In addition, the sponsor must be U.S. citizens or legal permanent residents. So, U.S. citizens and legal permanent residents who sponsor family members as immigrants to live in the United States need to complete the Affidavit of Support (Form I-864) for the Adjustment of Status (AOS) or Consular Processing (CP).

The new Affidavit of Support rule became effective on July 21, 2006 adopting with changes the interim rule published on October 20, 1997. The final rule applies to adjustment applications pending on that date regardless of whether they were filed previously. The new Affidavit of Support form may be used immediately and the prior version may be used till October 19, 2006. Below is a summary of the most significant changes:

New Forms

The rule has introduced Form I-864EZ, EZ Affidavit of Support under Section 213A of the Act, and Form I-864W, Intending Immigrant’s Affidavit of Support Exemption.

Form I-864EZ can only be used by I-130 petitioners who are sponsoring only one beneficiary. Form I-864W is for use in the event that a sponsor is claiming exemption from affidavit of support requirement. Besides, all the new forms do not need to be notarized or signed any longer.

Exemptions from the Affidavit of Support Requirement

Below are exemptions from the Affidavit of Support requirement:

1. Credited for 40 Qualifying Quarters
An intending immigrant who has worked for 40 qualifying quarters or if the intending immigrant has been credited with 40 qualifying quarters under the Social Security Act.
2. Minor Child of US Citizen
If a US citizen is sponsoring a minor child for lawful permanent resident status, that child would generally qualify for citizenship under Section 320 of the Immigration and Nationality Act. Thus, if the child becomes a citizen at the same time of receiving legal permanent resident status, there is no requirement to file an affidavit of support.
3. Self-petitioners
Self-petitioning battered spouses as well as self-petitioning widow/widowers are exempt from I- 864 requirements.

Joint Sponsor(s)

As in the old rule, a joint sponsor can submit a separate form I-864 in the event that the petitioner, and primary sponsor, cannot meet the income requirement for the household size. The new rule also allows for a maximum of two joint sponsors to support different family members.

Thus, if the first joint sponsor completes Form I-864 for some rather than all the family members, a second qualifying joint sponsor will be required to sponsor the remaining family members. There may be no more than two joint sponsors.

Submission of Tax Return of the Previous Year Only

The new rule modifies the previous requirement of submission of tax return from the three most recent years. The sponsor can opt either to submit federal income tax for the most recent taxable year or income tax returns for the three most recent years. But the sponsor still has to check off on the form whether he/she has filed tax returns for the past three years even though the sponsor opts to submit only the past year’s tax return.

Household Income

The new rule allows the sponsor to meet the requisite income requirements by including the income of additional relatives such as adult children, parents or siblings as long as they have the same principal residence and promise to use their income and resources in support of the intending immigrant. The new rule even allows the sponsor to include dependents that are not living in the principal residence but have been listed on the sponsor’s federal tax return to be part of the household size. All these relatives and dependents must sign Form I-864A.

The new rule eliminates the requirements that qualifying household members should be residing with the sponsor for at least six months. Moreover, the new rule continues to allow the income from the intending immigrant to also be combined with the sponsor’s income. Unlike other relatives, the intending immigrant is not required to executive an I-864A unless the intending immigrant has a spouse or children immigrating with him or her. In this instance, the Form I-864A has to be executed as it relates to support the spouse or children of the intending immigrant.

This summary only reflects some most important changes. For further details, please find in the USCIS official website. http://www.uscis.gov