I-864, Affidavit Of Support Under Section 213a Of The Act - National: Fill & Download for Free

In order to sponsor your foreign spouse, you need to prove that you meet 125% of poverty for your household size based on the latest I-864P table by USCIS. Form I-864P, 2019 HHS Poverty Guidelines for Affidavit of SupportYou need to complete an I-864 (affidavit of support) Affidavit of Support Under Section 213A of the INA. or I-864EZ, Affidavit of Support Under Section 213A of the Act (if only sponsoring one person, not using any assets or non using a co or joint sponsor) during the National Visa Center phase of the spouse visa process.You need to provide supporting financial documents to prove that you meet these requirements.See the documents required on the US Department of State website. Step 4: Collect Financial DocumentsI write free information and articles on the US fiancé and spouse visa processes along with adjusting to new life in the USA on my website and blog. See my website and blog in my biopage.

In many cases nothing would happen in an adverse light, immunity or not.The Immigration and Nationality Act does not set minimum age requirements. And in weighing petitions for spouses or fiancees, U.S. Citizenship and Immigration Services goes by whether the marriage is legal in the home country and then whether the marriage would be legal in the state where the petitioner lives. Source: US approved thousands of child bride requests over past decadeAccording to reports, there were more than 5,000 cases of adults petitioning on behalf of minors and nearly 3,000 examples of minors seeking to bring in older spouses or fiances, according to the data requested by the Senate Homeland Security Committee in 2017 and compiled into a report.USCIS didn’t know how many of the approvals were granted by the State Department, but overall only about 2.6 percent of spousal or fiancee claims are rejected.Separately, the data show some 4,749 minor spouses or fiancees received green cards to live in the U.S. over that same 10-year period.Here in the US the age of consent and age at which someone may marry is set by the states, which had drawn attention over the years as is laid out in this article: Campaign to end child marriage in the U.S. runs into some surprising opposition.That noted, the USCIS has announced a policy shiftPolicy Highlights•Clarifies that officers should evaluate the laws of the state of residence to ensure that the marriage is recognized as valid in the U.S. state where the couple resides or will presumably reside and does not violate the public policy of that state.•Clarifies that marriages that occur without the full, free, and informed consent of either or both parties to the marriage are not considered bona fide for immigration purposes.•Reiterates that the petitioning sponsor who executes the Form I-864, Affidavit of Support Under Section 213A of the INA, must be at least 18 years of age.Citation: AFM Chapter 21.3, Petition for a SpouseSee Pub. L. 82-414 , 66 Stat. 163 (June 27, 1952), as amended.Source: https://www.uscis.gov/sites/default/files/document/policy-alerts/2019-0215_AFM21-3.pdf

US: This area of the law is complex. The department I am linking below is the actual US department that handles these matters. You may want to get a lawyer to help you. You may want to contact a law school clinic or legal aid and see if they can assist. You may also want to contact the US Embassy closest to where you live.Depending on what law was in place when you were born, you may already be a US citizen. Finding that out is going to take some legal research on what laws were in place when you were born.I am the Child of a U.S. CitizenCitizenship Through U.S. Parents There are two general ways to obtain citizenship through U.S. citizen parents: at birth, and after birth but before the age of 18. Congrehttps://www.uscis.gov/citizenship/learn-about-citizenship/i-am-the-child-of-a-us-citizenI am the Child of a U.S. CitizenCitizenship Through U.S. ParentsThere are two general ways to obtain citizenship through U.S. citizen parents: at birth, and after birth but before the age of 18. Congress has enacted laws that determine how citizenship is conveyed by a U.S. citizen parent (or parents) to children born outside of the United States.Who May Qualify for Acquisition of CitizenshipThe law in effect at the time of birth determines whether someone born outside the United States to a U.S. citizen parent (or parents) is a U.S. citizen at birth. In general, these laws require that at least one parent was a U.S. citizen, and the U.S. citizen parent had lived in the United States for a period of time.In addition, children born abroad may become U.S. citizens after birth. For information and eligibility requirements for specific time periods, see the USCIS Policy Manual, Volume 12, Part H, Children of U.S. Citizens.A. General Requirements for Acquisition of Citizenship at BirthA person born in the United States who is subject to the jurisdiction of the United States is a U.S. citizen at birth, to include a person born to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe. [1]In general, a person born outside of the United States may acquire citizenship at birth if:The person has at least one parent who is a U.S. citizen; andThe U.S. citizen parent meets certain residence or physical presence requirements in the United States or an outlying possession prior to the person’s birth in accordance with the pertinent provision. [2]A person born abroad through Assisted Reproductive Technology (ART) to a U.S. citizen gestational mother who is not also the genetic mother acquires U.S. citizenship at birth under INA 301 or INA 309 if:The person’s gestational mother is recognized by the relevant jurisdiction as the child’s legal parent at the time of the person’s birth; and​The person meets all other applicable requirements under either INA 301 or INA 309. [3]Until the Act of October 10, 1978, persons who had acquired U.S. citizenship through birth outside of the United States to one U.S. citizen parent had to meet certain physical presence requirements to retain their citizenship. This legislation eliminated retention requirements for persons who were born after October 10, 1952. There may be cases where a person who was born before that date, and therefore subject to the retention requirements, may have failed to retain citizenship. [4]An officer should determine whether a person acquired citizenship at birth by referring to the applicable statutory provisions and conditions that existed at the time of the person’s birth. These provisions have been modified extensively over the years. [5] The following sections provide the current law.B. Child Born in Wedlock [6]1. Child of Two U.S. Citizen Parents [7]A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:Both of the child’s parents are U.S. citizens; and​At least one parent had resided in the United States or one of its outlying possessions.2. Child of U.S. Citizen Parent and U.S. National [8]A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:One parent is a U.S. citizen and the other parent is a U.S. national; and​The U.S. citizen parent was physically present in the United States or one of its outlying possessions for a continuous period of at least one year.3. Child of U.S. Citizen Parent and Alien Parent [9]A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:One parent is an alien and the other parent is a U.S. citizen; and​The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.Time abroad counts as physical presence in the United States if the time abroad was:As a member of the U.S. armed forces in honorable status;​Under the employment of the U.S. government or other qualifying organizations; or​As a dependent unmarried son or daughter of such persons.4. Child of a U.S. Citizen Mother and Alien Father [10]A child born outside of the United States and its outlying possessions acquires citizenship at birth if:The child was born before noon (Eastern Standard Time) May 24, 1934;​The child’s father is an alien;​The child’s mother was a U.S. citizen at the time of the child’s birth; and​The child’s U.S. citizen mother resided in the United States prior to the child’s birth.C. Child Born Out of Wedlock [11]1. Child of U.S. Citizen FatherGeneral Requirements for Fathers of Children Born Out of WedlockThe general requirements for acquisition of citizenship at birth [12] for a child born in wedlock also apply to a child born out of wedlock outside of the United States (or one of its outlying possessions) who claims citizenship through a U.S. citizen father. Specifically, the provisions apply in cases where:A blood relationship between the child and the father is established by clear and convincing evidence;The child’s father was a U.S. citizen at the time of the child’s birth;The child’s father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches 18 years of age; andOne of the following criteria is met before the child reaches 18 years of age:The child is legitimated under the law of his or her residence or domicile;​The father acknowledges in writing and under oath the paternity of the child; or​The paternity of the child is established by adjudication of a competent court.In addition, the residence or physical presence requirements contained in the relevant paragraph of INA 301 continue to apply to children born out of wedlock, who are claiming citizenship through their fathers.Written Agreement to Provide Financial SupportIn order for a child born out of wedlock outside of the United States (or one of its outlying possessions) to acquire U.S. citizenship through his or her father, Congress included a requirement that the father agree in writing to provide financial support for the child until the child reaches the age of 18. [13] Congress included the language to prevent children from becoming public charges. [14] USCIS interprets the phrase in the statute “has agreed in writing to provide financial support” [15] to mean that there must be documentary evidence that supports a finding that the father accepted the legal obligation to support the child until the age of 18.The written agreement of financial support may be dated at any time before the child’s 18th birthday. If the child is under the age of 18 at the time of filing an Application for Certificate of Citizenship, the father may provide the written agreement of financial support either concurrently with the filing of the application or prior to the adjudication of the application. USCIS may request the written agreement of financial support at the time of issuance of a Request for Evidence or at the time of an interview (unless the interview is waived).Alternatively, if the applicant is already over the age of 18, he or she may meet the requirement if one or more documents support a finding that the father accepted his legal obligation to support the child. In such cases, the evidence must have existed (and have been finalized) prior to the child’s 18th birthday and must have met any applicable foreign law or U.S. law governing the child’s or father’s residence to establish acceptance of financial responsibility. [16]In all cases, the applicant has the burden of proving the father has met any applicable requirements under the law to make an agreement to provide financial support. A written agreement of financial support is not required if the father died before the child’s 18th birthday. [17]Written Agreement RequirementsIn order for a document to qualify as a written agreement of financial support under INA 309(a)(3), the document:Must be in writing and acknowledged by the father; [18] ​Must indicate the father’s agreement to provide financial support for the child; [19] and​Must be dated before the child’s 18th birthday.In addition, USCIS considers whether the agreement was voluntary.Other Acceptable DocumentationA written agreement of financial support may come in different forms and documents. USCIS may consider other similar documentation in which the father accepts financial responsibility of the child until the age of 18. Some examples of documents USCIS may consider include:A previously submitted Affidavit of Support (Form I-134) or Affidavit of Support Under Section 213A of the INA (Form I-864);​Military Defense Enrollment Eligibility Reporting System (DEERS) enrollment;​Written voluntary acknowledgement of a child in a jurisdiction where there is a legal requirement that the father provide financial support; [20]Documentation establishing paternity by a court or administrative agency with jurisdiction over the child’s personal status, if accompanied by evidence from the record of proceeding establishing the father initiated the paternity proceeding and the jurisdiction legally requires the father to provide financial support; or ​A petition by the father seeking child custody or visitation with the court of jurisdiction with an agreement to provide financial support and the jurisdiction legally requires the father to provide financial support.2. Child of U.S. Citizen MotherThe rules that determine whether a child born out of wedlock outside of the United States derives citizenship at birth from his or her U.S. citizen mother vary depending on when the child was born.Child Born On or After December 23, 1952 and Before June 12, 2017A child born between December 23, 1952 and June 12, 2017 who is born out of wedlock outside of the United States and its outlying possessions acquires citizenship at birth if:The child’s mother was a U.S. citizen at the time of the child’s birth; andThe child’s U.S. citizen mother was physically present in the United States or one of its outlying possessions for 1 continuous year prior to the child’s birth. [21]Child Born On or After June 12, 2017A child born on or after June 12, 2017, who is born out of wedlock outside of the United States or one of its outlying possessions acquires citizenship at birth if:The child’s mother was a U.S. citizen at the time of the child’s birth; and​The child’s U.S. citizen mother was physically present in the United States or one of its outlying possessions for at least 5 years prior to the child’s birth (at least 2 years of which were after age 14). [22]Effect of Sessions v. Morales-Santana DecisionPrior to the U.S. Supreme Court’s decision in Sessions v. Morales-Santana, [23] the physical presence requirements for children born out of wedlock were different for a child acquiring citizenship through a U.S. citizen mother than for those acquiring through a U.S. citizen father. An unwed U.S. citizen mother could transmit citizenship to her child if the mother was physically present in the United States for 1 continuous year prior to the child's birth. [24] An unwed U.S. citizen father, by contrast, was held to the longer physical presence requirement of 5 years (at least 2 years of which were after age 14) in the United States or one of its outlying possessions. [25]On June 12, 2017, the U.S. Supreme Court held, in Sessions v. Morales-Santana, that the different physical presence requirements for an unwed U.S. citizen father and an unwed U.S. citizen mother violated the U.S. Constitution’s Equal Protection Clause. [26] The U.S. Supreme Court indicated that the 5 years of physical presence (at least 2 years of which were after age 14) [27] requirement should apply prospectively to all cases involving a child born out of wedlock outside the United States to one U.S. citizen parent and one alien parent, regardless of the gender of the parent. [28]The U.S. Supreme Court decision effectively eliminated, prospectively, the 1 year continuous physical presence requirement that previously applied to unwed U.S. citizen mothers, and replaced it with the higher physical presence requirement that previously applied to unwed U.S. citizen fathers. [29] After Sessions v. Morales-Santana, the 1-year continuous physical presence requirement[30] remains in effect only for those children born prior to June 12, 2017 outside of the United States to unwed U.S. citizen mothers.Chapter 3 - U.S. Citizens at Birth (INA 301 and 309)A. General Requirements for Acquisition of Citizenship at Birth A person born in the United States who is subject to the jurisdiction of the United Stateshttps://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3