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COMBINED MANUAL

ISSUE DATE 03/2015

INCOME OF SPONSORS OF LPRS WITH I-864

0016.21.03

The policy on how to deem income of sponsors of LPRs depends on the type of affidavit of support that a sponsor signed. There are 2 different affidavits of support (forms I-134 and I-864). Each form has its own deeming requirements. The I-864 is a legally binding document and deeming is required if it is issued on or after December 19, 1997. The I-134 is not a legally binding document and deeming is not required. Follow the provisions in 0016.21 (Income of Sponsors of Immigrants With I-134) for sponsors who signed an I-134.

Deeming of income provisions do not apply to:

● Refugees.

● People granted asylum.

● LPRs who were refugees or asylees.

● People paroled for a period of 1 year.

● Cuban/Haitian Entrants.

The I-864 Affidavit of Support remains valid UNTIL the sponsored LPR:

● Becomes a naturalized citizen.

OR ● Earns or can be credited with 40 qualifying work quarters under the Social Security Act.

OR ● Loses or abandons his/her permanent status and leaves the United States permanently.

OR ● Dies.

Count the income of both the sponsor and the sponsor's spouse regardless of whether 1 or both of them signed the affidavit.

Sponsor Deeming Exemption Determination

Before requesting verification of a sponsor’s and sponsor’s spouse’s income, review if the LPR who would otherwise be subject to sponsor deeming meets 1 of the 2 EXEMPTIONS listed below:

Do not deem the sponsor’s income if the sponsored LPR:

● Is a victim of extreme cruelty/battery. The LPR must provide a statement or documentation that the LPR or his/her child(ren) have been battered or subjected to extreme cruelty by the LPR's spouse or parent. The LPR must also meet the following 2 conditions:

- NOT living with the batterer.

AND - The need resulting from the battery or cruelty has a substantial connection to the need for public assistance.

This EXEMPTION is limited to 12 months from the date a determination of EXEMPTION is made. The 12-month deferment may be extended ONLY in the case of the sponsor being the batterer, and if there continues to be a need for public assistance resulting from the battery and cruelty and the battery and cruelty is recognized by a court order (an order for protection) or by an U.S. Citizenship and Immigration Services (USCIS) determination.

● Is indigent and unable to obtain food and shelter without public assistance as a result of the sponsor’s failure to provide support. "Unable to obtain food and shelter" means that the sum of all contributions including, income, and any cash or in-kind