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The I-864 Affidavit of Support & the I-864A -- Guide for users |
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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.
Form I-864A, Contract Between Sponsor and Household
Member: 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.
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The 2006 HHS (U.S. Health & Human Services) Poverty Guidelines
SOURCE: Federal Register, Vol. 71, No. 15, January 24, 2006, pp. 3848-3849. |
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| The above figures apply for the government's fiscal year 2006. -ed. | ||||||||||||||||||||||||||||||||||||||||||