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[2]
3. Be domiciled in the U.S., its territories or possessions; and
4. Demonstrate the ability to support the sponsored alien. The sponsor's household income must meet or exceed 125 percent of the Federal poverty limits. Internal Revenue Service (IRS) tax forms are used by the U.S. Citizenship and Immigration Services (USCIS) to verify household income.
Sponsors on active duty in the U.S. armed forces need only demonstrate income at 100 percent of the Federal poverty limits, IF they are submitting Form I-864 on behalf of their spouse or child. Joint sponsorship is possible, if necessary, to meet the financial requirements. Separate sponsorship agreements are required, and the joint sponsors become equally liable for any overpayment of means-tested benefits.
D. Sponsors must report any change of address to USCIS within 30 days by completing Form I-865/Sponsor's Notice of Change of Address. Failure to do so results in severe penalties.
E. Use of form I-134, Affidavit of Support, or form I-361, Affidavit of Financial Support and Intent to Petition for Legal Custody, is not ruled out, as these forms were used prior to the passage of the Balanced Budget Act of 1997. Aliens currently in the U.S. who previously completed sponsor agreements are not subject to the new affidavit requirements.
F. The following individuals were previously exempted from sponsored alien provisions, based on prior legislation. If the prior affidavit of support is still in effect, these members remain exempt from deeming provisions if otherwise eligible.
1. An alien who was participating in SNAP as a member of their sponsor's household or an alien whose sponsor is participating in SNAP, separate and apart from the alien; or
2. An alien who was sponsored by an organization or group rather than an individual; or
3. An alien who was not required to have a sponsor under the unrevised Immigration and Nationality Act, such as, but not limited to, a refugee, a parolee, an asylee, a Cuban or Haitian entrant, or a noncitizen under age 18.]