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  The I-864 Affidavit of Support & the I-864A -- Guide for users
 

If BOTH parents of a couple travel, neither of the I-864 forms is required. The same applies for a single, i.e., unmarried, adopting parent. This also means that those same persons are no longer required to submit the tax return copies, which are required by the I-864/I-864A. (The regulations were changed in mid-2001 to require the I-864 / I-864A and the accompanying tax returns *only* when both spouses of a couple do not travel.)-- ed.

Pleast note that a married parent traveling without spouse will need to take a properly authenticated Power of Attorney.

 

The I-864, Affidavit of Support, is presented at the time of the immigrant visa interview at the American Consulate General in Guangzhou. It MUST be completed AND notarized before leaving for China. The same is true for Form I-864A, for those who need it. (Notarization: as of December 1, 1999, the I-864--and I-864A if you use it--must be be notarized in the U.S., since all papers must be complete when presented to the U.S. consulate in Guangzhou to obtain the child's visa.) Forms may be downloaded from the Consulate's website, <http://guangzhou.usconsulate.gov/forms_and_sheets.html>, or from the USCIS website (formerly INS).

The I-864 needs to be accompanied by a "certified" copy of the applicants' most recent Federal Tax Return filed. A Tax Return consists of ALL the schedules, W-2, and any other slips, etc., which you filed with I.R.S. A tax transcript, which is a shortened or abbreviated record, was formerly held not to suffice (-- see consulate's Sept., 1999, advisory on this point.). However, Arlissa Reynolds, a recent Adoption Unit head (U.S. consulate in Guangzhou) advised (Jan., 2001) that a tax transcript will suffice if it clearly describes the family's financial situation such that "someone who is not an accounting expert will be able to understand their financial situation and their ability to support an immigrant." Reynolds advised submitting full returns if particulars such as low income or large changes in income, which might raise questions on the part of the consular officer, were being reported.

If you somehow do not have a copy of your returns, you may obtain a copy from the IRS. Note that a tax return copy, requires considerably longer to obtain than a tax transcript. To get an exact copy of a previously filed and processed return, or copies of Form W-2, you must complete (IRS) Form 4506. There is a fee for each tax period requested. It can take up to 60 calendar days to get a copy of a tax return with all schedules and W-2 s attached. You may download this and other IRS forms from the IRS website.

Form I-864A, Contract Between Sponsor and Household Member:
If you are married but only one person will travel to China, AND the person who travels to China is NOT the primary wage-earner or simply needs to count the non-traveling spouse's income in order to meet the total $$ requirement, then the spouse staying in the U.S. (the wage-earner), MUST complete the Form I-864A (Contract Between Sponsor and Household Member), and sign before a notary or an INS officer. (Take the completed and notarized Form I-864A to China along with the completed and notarized Form I-864 Affidavit of Support and the required supporting documentation--three most recent years' U.S. federal tax returns and current employment/income verification letter).

If both spouses' incomes are needed to meet the 125% poverty guideline requirement, one spouse must fill out the I-864A and the other spouse fill out the I-864 (i.e., you will submit both forms, whether you both travel or not).

By definition, the "Sponsor" is ALWAYS whomever completes the Immigrant Visa Application Form (OF-230) in Guangzhou, regardless of who is the "petitioner" on the I-600A/I-600, or who is the primary wage-earner. Thus, if you are traveling but do not on your own meet the income levels required by USCIS (125% of poverty guideline), you MUST have the I-864A Contract as well.

And NOTE that a "joint sponsor" is defined as a additional person (such as an uncle, grandparent, etc.) signing-on to guarantee $$ support. This person is NOT either adopting spouse.

 

 

 The 2006 HHS (U.S. Health & Human Services) Poverty Guidelines

Size of
Family Unit
48 Contiguous
States and D.C.
Alaska Hawai
 1 $ 9,800 $ 12,250 $ 11,270
 2  13,200  16,500  15,180
 3  16.600  20,750  19,090
 4  20,000  25,000  23,000
 5  23,400  29,250  26,910
 6  26,800  33,500  30,820
 7  30,200  37,750  34,730
 8  33,600  42,000  38,640
For each additional person, add  $ 3,400  $ 4,250  $ 3,910

SOURCEFederal Register, Vol. 71, No. 15, January 24, 2006, pp. 3848-3849.

    The above figures apply for the government's fiscal year 2006. -ed.
   
   

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