[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR213a.1]

[Page 265-266]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 213a--AFFIDAVITS OF SUPPORT ON BEHALF OF IMMIGRANTS--Table of Contents
 
Sec. 213a.1  Definitions.

    As used in this part, the term:
    Domicile means the place where a sponsor has a residence, as defined 
in section 101(a)(33) of the Act, in the United States, with the 
intention to maintain that residence for the foreseeable future, 
provided, that a permanent resident who is living abroad temporarily 
shall be considered to be domiciled in the United States if the 
permanent resident has applied for and obtained the preservation of 
residence benefit under section 316(b) or section 317 of the Act, and 
provided further, that a citizen who is living abroad temporarily shall 
be considered to be domiciled in the United States if the citizen's 
employment abroad meets the requirements of section 319(b)(1) of the 
Act.
    Federal poverty line means the level of income equal to the poverty 
guidelines as issued by the Secretary of Health and Human Services in 
accordance with 42 U.S.C. 9902 that is applicable to a household of the 
size involved. For purposes of considering the Form I-864, Affidavit of 
Support Under Section 213A of the Act, the Service and Consular Posts 
will use the most recent income-poverty guidelines published in the 
Federal Register by the Department of Health and Human Services. These 
guidelines are updated annually, and the Service and Consular Posts will 
begin to use updated guidelines on the first day of the second month 
after the date the guidelines are published in the Federal Register.
    Household income means the income used to determine whether the 
sponsor meets the minimum income requirements under sections 
213A(f)(1)(E), 213A(f)(3), or 213A(f)(5) of the Act. It includes the 
sponsor's income and may also include the incomes of any individuals who 
either are related to the sponsor by birth, marriage, or adoption and 
have been living in the sponsor's residence for the previous 6 months or 
are lawfully listed as dependents on the sponsor's Federal income tax 
return for the most recent tax year, even if such dependents do not live 
at the same residence as the sponsor.
    Household size means the number obtained by adding: (1) The sponsor 
and all persons living at the same residence with the sponsor who are 
related to the sponsor by birth, marriage, or adoption; (2) all persons 
whom the sponsor has claimed as a dependent on the sponsor's Federal 
income tax return for the most recent tax year, even if such persons do 
not live at the same residence as the sponsor; and (3) the number of 
aliens the sponsor has sponsored under any prior Forms I-864 for whom 
the sponsor's support obligation has not terminated, plus the number of

[[Page 266]]

aliens to be sponsored under the current Form I-864, even if such aliens 
do not or will not live at the same residence as the sponsor.
    Immigration Officer, solely for purposes of this part, includes a 
Consular Officer, as defined by section 101(a)(9) of the Act, as well as 
an Immigration Officer, as defined by Sec. 103.1(j) of this chapter.
    Income means an individual's gross income, for purposes of the 
individual's Federal income tax liability, including a joint income tax 
return.
    Intending immigrant means any beneficiary of an immigrant visa 
petition filed under section 204 of the Act, including any alien who 
will accompany or follow-to-join the principal beneficiary.
    Means-tested public benefit means either a Federal means-tested 
public benefit, which is any public benefit funded in whole or in part 
by funds provided by the Federal Government that the Federal agency 
administering the Federal funds has determined to be a Federal means-
tested public benefit under the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996, Public Law 104-193, or a State 
means-tested public benefit, which is any public benefit for which no 
Federal funds are provided that a State, State agency, or political 
subdivision of a State has determined to be a means-tested public 
benefit. No benefit shall be considered to be a means-tested public 
benefit if it is a benefit described in sections 401(b), 411(b), 422(b) 
or 423(d) of Public Law 104-193.
    Program official means the officer or employee of any Federal, 
State, or local government agency or of any private agency that 
administers any means-tested public benefit program who has authority to 
act on the agency's behalf in seeking reimbursement of means-tested 
public benefits.
    Relative means a husband, wife, father, mother, child, adult son, 
adult daughter, brother, or sister.
    Significant ownership interest means an ownership interest of 5 
percent or more in a for-profit entity that filed an immigrant visa 
petition to accord a prospective employee an immigrant status under 
section 203(b) of the Act.
    Sponsor means a person who either is eligible to execute or has 
executed an affidavit of support under this part.
    Sponsored immigrant means an immigrant on whose behalf a sponsor has 
executed an affidavit of support under this part, including any spouse 
or child who will accompany or follow-to-join the beneficiary of an 
immigrant visa petition filed by a sponsor.