If the poverty guidelines change between the time the petitioner signed the I-864 and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new I-864?
No. As long as the I-864 was submitted to a consular officer within one year of the date it was signed and notarized, a new I-864 is not required. However, the petitioner/sponsor and the joint sponsor must meet the minimum income requirement based on the federal poverty guidelines in effect on the date of the visa issuance, not those in effect when the form was signed.
No. The I-864 will remain valid indefinitely absent other evidence of failure to meet the public charge provisions and should be evaluated based on the poverty guidelines in effect on the date of filing of the I-864 with the National Visa Center, (check on this cable says date of signature by sponsor.) the U.S. embassy or consulate in support of an immigrant visa application. The consular officer will determine whether the income stated by the sponsor and documented in the tax return and any other evidence meets the poverty guidelines in effect as of the time of the I-864 was filed. If the income stated by the sponsor does not meet the poverty guidelines then the consular officer may request the sponsor may submit current year income information.
Related Questions
- If the poverty guidelines change between the time the petitioner signed the I-864 and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new I-864?
- On the I-864 Affidavit of Support, in accordance with the U.S Government Poverty Guidelines, my income level is too low to sponsor my spouse. Can I overcome this?
- What is the waiting time for an immigrant visa after the National Visa Center or the Foreign Service post receives the approved petition of Form I-130?
