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INCOME OF SPONSORS OF IMMIGRANTS WITH I-134

ISSUE DATE: 12/2014

The policy on how to deem income of sponsors of immigrants depends on what affidavit of support was executed by the sponsor. There are 2 different affidavits of support forms I-134 and I-864. Each form has its own deeming requirements.

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.


For information on deeming income of sponsors who executed the I-864, see 0016.21.03 (Income of Sponsors of LPRs With I-864).

For additional information on sponsors of immigrants, see 0011.03.15 (Non-Citizens - LPR With Sponsors).


MFIP, DWP:

Some of the income of an immigrant's sponsor, and the sponsor's spouse, may be deemed available to the immigrant. Count the income for 3 years:

The date the immigrant entered the country with a pre-approved lawful permanent resident (LPR status).

OR

The date USCIS granted adjustment to LPR status after the immigrant entered the country.



To determine the amount of a sponsor's income to deem:

1.

Determine the total combined gross income of the sponsor and sponsor's spouse. See 0017 (Determining Gross Income).

2.

Deduct 20% or $175, whichever is less, of the combined earned income of the sponsor and sponsor's spouse.

3.

Deduct from the remaining earned and unearned income:

An allowance for the needs of the sponsor and spouse and any other people living in the same household whom they claim as dependents for federal income taxes. Do not count any people who are members of the MFIP unit. Use the appropriate Transitional Standard for a unit of the same size to determine the amount of the allowance to deduct. See SNAP provisions in 0019.06 (Gross Income Limits).

Any amount the sponsor or spouse pays to people outside the sponsor's home who are claimed as dependents on the sponsor's or spouse's federal tax return.

Child support, spousal support, child care support, or medical support payments the sponsor or spouse makes to people living outside the sponsor's household. See 0018.33 (Child and Spousal Support Deductions).

4.

If the sponsor is responsible for more than 1 sponsored immigrant, divide the remaining income evenly among the sponsored immigrants. Count this amount as available income to each sponsored person for income eligibility tests and benefit calculations.


If the sponsor is part of the immigrant’s assistance unit, do NOT deem the sponsor’s income. Consider the sponsor’s income as you would any other member of the assistance unit.


SNAP:

No provisions.


MSA:

Some of the income of an immigrant's sponsor, and the sponsor's spouse, may be counted as available to the immigrant. It does not matter whether or not the sponsors live with the immigrant. Count the income for 3 years after the immigrant enters the country IF:

The sponsor is an individual (as opposed to an agency or organization).

AND

The sponsor has sponsored a person whose sole entrance condition was someone's petition for the immigrant's entrance into the United States.


Some immigrants who have sponsors are not required to have sponsorship as an entry condition. Do not count a sponsor's income if the immigrant was in a category that did not require sponsorship as an entry condition such as, but not limited to, a public interest parolee (PIP), refugee, asylee, or Cuban or Haitian entrant.

If the sponsor is the client's ineligible parent or spouse, follow the provisions of 0016.06 (Income From Ineligible Spouse of Unit Member), 0016.15 (Income From Ineligible Parents). For other sponsors, follow this procedure:

1.

Determine the total gross earned and unearned income of the sponsor and sponsor's spouse (if living in the home). See 0017 (Determining Gross Income).

2.

Deduct an allocation for the needs of the sponsor and the sponsor's spouse and any minor children.

For a sponsor without a spouse in the home, allow the SSI Federal Benefit Rate (FBR) for an individual. See 0029.06.03 (Supplemental Security Income Program).

For a married couple, when both spouses are sponsors, allow each the individual FBR.

For a married couple when only one spouse is the sponsor, allow the individual FBR for the sponsor and 1/2 the individual FBR for the spouse.

For each minor child of the sponsor, allow 1/2 the individual FBR. Do not apply the dependent's income to reduce this amount.

3.

Count the remaining income as unearned income to the immigrant when determining net income following the provisions of 0018 (Determining Net Income).



GA:

Count any amount the sponsor makes available to the client as unearned income.


GRH:

For aged, blind, or disabled clients, follow MSA. For all other adults, follow GA.

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