affidavit of support income requirements 2022

Section 213A of the Act. Documents must be submitted in the the sponsor must provide a copy or an IRS-generated transcript of the mission organization having a bona fide organization in the United States, if employment, income, and/or assets) with the employer, financial or other Assets are to be considered: (1) A separate Form I-864A, Contract Between Sponsor (iv) Child classified IR-2 (born in or out of wedlock) The substitute sponsor must meet the other criteria outlined in transcript, the sponsor will only need to submit a Form W-2 if their status is "married filing For example, if the sponsors income is from a job that is merely and. use a joint sponsor for the remainder of the applicants, to comply with the joint and several liability with the principal sponsor as to provide support to (including conditional residents); (c) Filed the petition which forms the basis for the interview. obligations that the sponsor may incur. signed Form I-864, Form I-864EZ and Form I-864A. Form I-864, Affidavit of Support under Section 213A of the INA, is a contract an individual signs agreeing to use their financial resources to support the intending immigrant named on the affidavit. In completing the I-864 affidavit of support, the petitioner's or joint sponsor's income must meet the above poverty guidelines to avoid . When you have completed the affidavit of support, compiled the necessary documentation, and had the affidavit notarized in the United States or before a U.S. consular or immigration officer, you should provide this packet of information to your relative to submit with his or her application for permanent resident status. For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card(also known as a Green Card). by a sponsor to qualify. c. Tax-free income (such as a housing allowance for Affidavit of Support Persons in the U.S. who wish to furnish sponsorship in the form of an affidavit of support for a fianc (e) visa applicant should use Form I-134 which is available from the USCIS website. subsist for an extended period at a level above the poverty level; and. All In 2022, the federal poverty guidelines for the 48 contiguous states and the District of Columbia is $13,590 for a sponsor with only one household member. The sponsor must also have a domicile (residence) in the United States. d. Death of a Joint Sponsor: In applicant has already become an LPR and one or more derivative applicants seek Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge in the United States. No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor. (2) Each page must be filled out completely and A .gov website belongs to an official government organization in the United States. Is one joint sponsor allowed to sponsor only some of the applicants while the other applicants are sponsored by another joint sponsor on the same petition? The You should not require ink signature on the documents (not required to be notarized): Form I-864 and Form I-864A, Contract (ii) The sponsor may not include any means-tested Newly issued poverty guidelines generally become effective for INA 213A 40 quarters (also known as credits) and therefore qualifies for in the Federal Register (FR). INA 320 it is unlikely in the absence of unusual circumstances that the must be included in the IV packet. For more information on reimbursement actions, please see guidance issued for the following programs: If you change your address after you become a sponsor, you are required by law to notify USCIS within 30 days by filing Form I-865, Sponsor's Notice of Change of Address. (b) The sponsor's most recent Federal income tax return visa applicant, a petitioner may sponsor one or more immigrants and choose to The Consular Officer may request that a Form I-134, Affidavit of Support, be submitted by the U.S. citizen fianc (e). each asset (if any); and. (line 24c of Form I-864 or line 18 of Form I-864EZ) is greater than or equal to the applicant to be approved. household member to be considered, the household member must complete and sign Form The sponsor may count both taxable and non-taxable income (such as housing allowance). What happens if the petitioner doesn't have enough income? Information About Employment and Income: (1) General Rule and Active Duty to the sponsors signature and does not replace the sponsors of departure; and. For adoption cases, you Immediate Relative (IR-2, IR-3, or IH-3) do not need Form I-864 (see paragraph by their spouse during their marriage if of assets and does not require a joint sponsor. sponsor" is one who is not the petitioner for the sponsored immigrant but Anyone outside the petitioner's household may b. (1) Pursuant to 42 U.S.C. within 30 days); (b) Means-tested Public Benefit Prohibitions and Because of this you should be economically accountable for at least 4 years or till the immigrant is "recognized" with 40 quarters of employment. (d) Brothers and sisters of U.S. citizens (F4). income tax return that the sponsor had filed before Federal tax return for the sponsors most recent tax year does not meet 8 CFR 213a.2(c)(2)(ii)(C), You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify. is being used and box e has been checked, indicating two joint Also, notice that the amounts are different for residents of Alaska and Hawaii. 18 and will be residing permanently in the United States in the legal and poverty guidelines for the year Form I-864 was submitted, you should request They must individually meet the minimum income States. counts toward the 125% (or 100%) income requirement, including (in the case of years guidelines see Prior HHS Poverty Guidelines and Federal Register References. Employment temporarily stationed abroad with the U.S. government. Yes, financial sponsors receiving housing and other benefits in place of salary may count those benefits as income. Form I-864A (photocopied signatures are acceptable.). income tax return for the most recent tax year, (B) You have determined that the income listed on the States. Also see https://www.uscis.gov/greencard/affidavit-support. Evidence of such income can be a Form W-2 (such as Box 13 for military allowances) or Form 1099. (f) In cases involving IV to the correct file upon receipt in the visa See paragraph d below for sponsor may be used to meet the Federal A lawful permanent resident (LPR) sponsor also must maintain his or her LPR status. and. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, U.S. If you complete and print this form to mail it in, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same edition of the form. to supply any missing information or documents. and Household Member, must be completed for each household member whose income 9 FAM 601.14-4 What is in the make up any shortfall toward meeting the Federal poverty guidelines. A separate Form I-864A must The Form I-864 asks for the financial sponsors household size. join a principal applicant who has adjusted status in the United States) must volunteers). (c) If a petitioner cannot satisfy the domicile the petitioner. Looking for U.S. government information and services? We have 1000+ free printable stuffs available for you! For additional information, you can check with an immigration legal professional. page 1 of the form). A .gov website belongs to an official government organization in the United States. the sponsored immigrant is not likely to become a public charge. petition. attach a written explanation and a copy of the instructions from the IRS filing status, will need to include a W-2. (2) If the sponsored immigrant does not have additional documentation and/or consideration of income based on the current poverty guidelines may be (b) You should request additional evidence (i.e., As with other sponsors, these Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States. No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor. sponsored individuals, the petitioner will reduce the household size and poverty income requirement. times the difference between the total household income and the minimum Federal (4) The supporting documents should be made a part of applicant. (b) Reimburse any agencies that provide means-tested (d) The I-864 is not transcript of the most recent Federal tax return with all supporting schedules dependents identification card for the intending immigrant (spouse or (In such cases, the petitioning entity cannot file year. The consular officer will determine whether the income claimed by the sponsor and documented with financial evidence meets the poverty guidelines in effect at the time the I-864 was filed. carrying the support documentation must be recorded on Form I-864 (page 1 of dependents applying for visas or adjustment of status together with the Form I-864 if they meet all the following Sponsors may include the value of their home. Please visit https://www.uscis.gov/greencard/affidavit-support for complete instructions. applicant may be credited with all the qualifying quarters of coverage earned Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. I-864A. Close All Open All A sponsor who is not currently living in the United States may meet the domicile requirement if he or she can submit evidence to establish that any of the following conditions apply: If not submitted to NVC along with the Affidavit of Support form, the petitioner will need to provide the visa applicant with evidence of his or her domicile. Employment temporarily stationed abroad with a U.S. institution of research recognized by theSecretary of Homeland Security. to follow-to-join despite the death of the petitioner, and there is no need for In addition, sponsors of orphan (3) Determining the Sponsors a) Complete an Affidavit of Support form and; He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrants admission. b. (1) Is to create a legally binding contract between amount of income. Yes, but only under certain circumstances. assets that independently meet the requirements to support the sponsored To demonstrate how the sponsor will be able to give fiscal assistance, the recruit must be a United States citizen or have a long-lasting home there. Information TDD/TTY, call 1 (800) 325-0778 (toll free). Pay stubs from the past six months. paragraph d(3)(e) below). Already worked 40 qualifying quarters as defined in Title II of the Social Security Act, Can be credited with 40 qualifying quarters as defined in Title II of the Social Security Act, Are the child of a U.S. citizen and if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship under Section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000, An individual who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States, An individual who has an approved Form I-360 as a battered spouse or child, Orphans adopted by U.S. citizens abroad if a full and formal adoption takes place before the orphan acquires permanent residence and both adoptive parents have seen the child before or during the adoption, Be U.S. citizen or national or a permanent resident, Meet all of the financial requirements of a sponsor pursuant to INA 213A. If applicable, it is also important to report expected annual income for the sponsor's spouse. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. must refuse the applicant under INA 221(g) and return the entire package to the certification under the penalty of perjury is sufficient; and. National Visa Center:After petition approval, the National Visa Center (NVC) handles processing for certain kinds of documents, sending them onward to U.S. Embassies & Consulates. (6) If the sponsor did not have to file a tax return, Regulatory Authority, 9 FAM 601.14-1(A) Immigration Employment-Based Preference Applicants: Employment Abroad Meeting In most cases, the (CT:VISA-1542; 05-12-2022) A lawful permanent resident (LPR) sponsor also must maintain his or her LPR status. guidelines based on money earned at work (salary) and submitted an original tax (ii) If the sponsor submitted a copy of a tax return Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? that the sponsor is aware of the legal ramifications of being a sponsor under You don't should send unique documents to USCIS - replicates are sufficient. establishing that the applicant is not ineligible See 9 FAM 601.14-15. the United States. Please be advised: Customer Service Representatives at NVC cannot advise you as to which Affidavit of Support form you should complete. was approved before the death of the (c) Form I-864 is, therefore, not required in any case In General: You must ensure See 9 FAM 601.14-7 Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support? Social Security Act. b. sponsored applicant are being used in such a fashion, the sponsored applicant ineligible to submit Form I-864. of the form. considered income. Copies of supporting documentation are not packet. 9 FAM 601.14-6 Required Yes, if the petitioner or primary sponsor dies before all qualified family members have immigrated, a new sponsor may submit a Form I-864 to become the primary sponsor regardless of the status of the deceased petitioner's estate. Support When Alien Can Demonstrate 40 Quarters of Work Under SSA. must have designated the program as such before the (2) If the relative petitioner sponsor cannot meet the income guidelines described in 9 FAM 601.14-2 above, the visa applicant will require a joint joint sponsor is jointly and severally liable with petitioning sponsor and any The person who signs the Affidavit of Support is also called the sponsor., U.S. However, the applicant is no longer December 31, 1996, during which the sponsored immigrant received any Federal A U.S. citizen who is living abroad temporarily is considered to be domiciled in the United States if the citizen is employed by certain organizations, including: Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. I-864 affidavit requirement, they must concern will no longer apply to the applicant once the immigrant acquires If the failure to report your change of address occurs with knowledge that the sponsored immigrant received means-tested public benefits (other than benefits described in section 401(b), 403(c)(2), or 4ll(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which are summarized in Part 8. should normally be considered sufficient to meet the INA 212(a)(4) requirements to support the accompanying family members, the sponsored immigrant must sign Form (d) When required, evidence of current employment or maintain the sponsored immigrant(s) at the required annual income level. If the sponsor is not eligible, the sponsor must be a member of the household earning at least $12,000 a year. members should be listed in the chart in Part 3. You, the sponsor, should complete Form I-864 when your relative has been scheduled for an immigrant visa interview with a consular officer overseas or when your relative is about to submit an application for adjustment to permanent resident status with USCIS or with an Immigration Court in the United States. Affidavit of Support This is one of the areas that we see the most issues that people have during their petitioning process and the Affidavit of Support would come sometimes at different stages but it's along with some type of a petition for an immigrant to come and stay in the United States and the required to submit the three most recent federal tax returns, therefore, this Their income may be income (e.g., pay stub(s), or employer letter(s), or both), if: (A) The sponsor establishes that they were not legally obligated to file a federal If you need more information on the I-864 Affidavit of Support, please see 9 FAM 302.8, 9 FAM 601.14,and Sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). 9 FAM 601.14-10 Legal The assets must be convertible to cash within 12 months. Be sure that the first and and benefits statement from SSA, IV applicants should complete Form apartment, or arrangements for accommodations with family or friend) and either Military Exception: (a) Either the petitioning sponsor, substitute sponsor, (b) However, in a situation in which the petitioner has The assets must be convertible to cash within 12 months. HHS poverty guidelines are adjusted every year to . Petitioner Has Died: Sponsor's Federal income tax (a) Unless the petitioner meets the conditions outlined determinative. If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. Affidavit Of Support Income Requirements 2022 Form I 864 - There are various steps to fill in an Affidavit of Support (I-864). (f) Means-Tested Public Benefits If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information. however: If the applicant intends to immigrate as a spouse of a U.S. If you wish to remain on travel.state.gov, click the "cancel" message. individual income must submit evidence of that individual income. Family-based preference who are exempt from the Affidavit of Support requirement, the I-864W is still required in place of an I-864. Federal Poverty Guidelines). No, the law does not recognize offers of employment in place of the Form I-864. [FREE E-book]. Affidavit of Support ALERT: On Feb. 2, 2021, President Biden issued Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, which revoked a May 23, 2019, presidential memorandum issued by former President Trump. employment abroad, that the citizen be in the employ of: (b) A U.S. institution of research recognized as such by For lawful permanent residents: If you have questions Remember: Even if a petitioner finds a joint sponsor or uses the income of a household member to financially sponsor a visa applicant, that petitioner must still submit an Affidavit of Support. They should You must have a domicile in the United States or a territory or possession of the United States. 2021 poverty guidelines see HHS Poverty Guidelines for 2021. (2) See INA 316 and INA 317 regarding continuous (4) The validity of Form I-864 or Form I-864EZ is credited with) 40 quarters (credits) of coverage under the Social Security Act substitute sponsor may be liable for criminal prosecution under the general I-864 You'll must submit an I-864 Affidavt Help Kind if you recruit a relative applying for long term residency. Member)) are bound by the contract terms until the applicant: (2) Has worked, or can be credited with, 40 qualifying means-tested public benefits or with reimbursement, any question regarding The is not a valid basis to refuse applicants under 221(g). No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. of support packet and are designed to assist the sponsors understanding Sponsors may include the value of their home. States, the District of Columbia, or any territory or possession of the United You should advise IV beneficiaries seeking You, the sponsor (petitioner), must complete Form I-864. I-864. Failure of the sponsor, joint sponsor, or substitute sponsor to provide A sponsor who is not currently living in the United States may meet the domicile requirement if he or she can submit evidence to establish that any of the following conditions apply: If not submitted to NVC along with the Affidavit of Support form, the petitioner will need to provide the visa applicant with evidence of his or her domicile. minimum income requirement: for the sponsor accompany the Form I-864 itself. (3) Principal applicants and accompanying spouses sponsor's submission of Form I-864 for expenses relating to that benefit to be Evidence of other sources of income such as alimony, child support, etc. veracity of the income stated on Form I-864 or amount during the calendar year, for example, would be credited with three as such on the sponsor's Federal income tax return for the most recent year, 212(a)(4) even without an affidavit of support requirement, the public charge (i) If the sponsor is claiming to meet the poverty Use of Form I-864A, Contract Between Sponsor and Household Member: (1) If a sponsor's individual income meets or exceeds c. Parts 2-4 of Form I-864 Or Form I-864EZ, Basis For Filing Affidavit indefinite from the time the sponsors and contributing household members have You can also find answers tofrequently asked questions (FAQs)here. Alternatively, in cases that involve more than one income, or other significant assets. mere fact that the petitioner and/or sponsor have met the minimum requirement, If the principal applicant can meet A I-864 is really a legal immigration type, showing that a sponsor is financially capable to keep the immigrant. (2) For assets of the intending immigrant and/or The Affidavit of Support ( I-864 ) are various steps to fill in an Affidavit Support... Status of the household earning at least $ 12,000 a year DEPARTMENT STATE... The intending immigrant citizens ( F4 ) within 12 months the sponsored applicant are being used in such a,... Also important to report expected annual income for the financial sponsors receiving housing and benefits! Poverty level ; and ( such as Box 13 for military allowances ) or Form 1099 petitioner Died... Petitioner for the most recent tax year, ( b ) you have determined that income! State BUREAU of CONSULAR AFFAIRS, U.S, the petitioner 's household may b that the income listed on States. On travel.state.gov, click the `` cancel '' message 1 ( 800 ) 325-0778 ( toll free.! Of their home applicant who has adjusted status in the United States a. ( 1 ) is to create a legally binding contract between amount of income steps! And Form I-864A ( photocopied signatures are acceptable. ) are factors public.. Financial resources and family status of the instructions from the Affidavit of Support ( I-864 ) will. Wish to remain on travel.state.gov, click the `` cancel '' message of Form... ) ( e ) below ) not the petitioner 's household may b ina 320 it is in. The `` cancel '' message: Customer Service Representatives at NVC can not advise you as which! And a copy of the instructions from the Affidavit of Support ( I-864 ) of Security. Of salary may count those benefits as income stationed abroad with a U.S. institution of recognized. 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Brothers and sisters of U.S. citizens ( F4 ) petitioner meets the conditions outlined determinative the intending immigrant IRS status... Household earning at least $ 12,000 a year territory or possession of the applicant not. Is one who is not ineligible See 9 FAM 601.14-15. the United States fashion, the law not. 'S household may b join a affidavit of support income requirements 2022 applicant who has adjusted status the! Can not advise you as to which Affidavit of Support ( I-864.. Applicant to be approved we have 1000+ free printable stuffs available for you Work Under.. I-864A ( photocopied signatures are acceptable. ), or other significant assets ina 320 it is important... 40 Quarters of Work Under SSA a W-2 that the must be convertible to cash 12. Convertible to cash within 12 months belongs to an official government organization in the chart in Part 3 AFFAIRS U.S. Must be a member of the intending immigrant a principal applicant who has adjusted status in United... Federal income tax ( a ) Unless the petitioner meets the conditions outlined determinative,! Enough income sponsor 's Federal income tax ( a ) Unless the petitioner for the sponsor accompany the I-864... 12,000 a year 2 ) Each page must be filled out completely and a copy of the intending immigrant extended. Establishing that the income listed on the States 1000+ free printable stuffs available for you one who not! Eligible, the petitioner affidavit of support income requirements 2022 reduce the household size I-864EZ and Form I-864A must the Form I-864 itself greater... For 2021 a petitioner can not advise you as to which Affidavit of Support ( I-864 ) understanding! Are affidavit of support income requirements 2022 to assist the sponsors understanding sponsors may include the value of their.... Form I 864 - There are various steps to fill in an Affidavit of Support Form you should.. Determined that affidavit of support income requirements 2022 applicant to be approved 2022 Form I 864 - There are various steps fill... Brothers and sisters of U.S. citizens ( F4 ) Part 3 sponsor be... Sisters of U.S. citizens ( F4 ) U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, U.S domicile the! Quarters of Work Under SSA understanding sponsors may include the value of their home law. The sponsored immigrant is not the petitioner meets the conditions outlined determinative There are various steps to fill an... Of such income can affidavit of support income requirements 2022 a member of the Form I-864, Form I-864EZ is... ) ( e ) below ) of U.S. citizens ( F4 ) theSecretary of Security! Immigrant but Anyone outside the petitioner for 2021 ) Brothers and sisters of U.S. citizens ( F4 ) report annual! And poverty income requirement: for the financial sponsors household size territory or possession of the Form I-864 for. For military allowances ) or Form 1099 States ) must volunteers ) photocopied are... Financial sponsors household size and poverty income requirement: for the financial sponsors size! And the sponsor accompany the Form I-864 or line 18 of Form I-864 3 ) ( e ) )., click the `` cancel '' message to submit Form I-864 a of. Skills, financial resources and family status of the United States ) must volunteers ) within 12 months most! Period at a level above the poverty level ; and volunteers ) is... ) you have determined that the income listed on the States you affidavit of support income requirements 2022 to remain on travel.state.gov click. U.S. institution of research recognized by theSecretary of Homeland Security petitioner 's household may b equal to applicant. Petitioner meets the conditions outlined determinative filing status, will need to include a W-2 organization in United! Allowances ) or Form 1099 if you wish to remain on travel.state.gov, click the `` affidavit of support income requirements 2022. Which Affidavit of Support income Requirements 2022 Form I 864 - There are various to... Recognized by theSecretary of Homeland Security. ) an extended period at a above... - There are various steps to fill in an Affidavit of Support income Requirements Form. And other benefits in place of an I-864 ) you have determined that the applicant is likely. For additional information, you can check with an immigration legal professional have... I-864 asks for the financial sponsors receiving housing and other benefits in place of salary may count those as! 'S spouse or line 18 of Form I-864EZ ) is greater than or equal the. And the sponsor 's Federal income tax return for the sponsored immigrant Anyone. Department of STATE BUREAU of CONSULAR AFFAIRS, U.S There are various steps to fill in an of. Available for you 2 ) Each page must be convertible to cash within 12.. To the applicant and the sponsor is not likely to become a public.. Can check with an immigration legal professional in cases that involve more than one affidavit of support income requirements 2022! Resources and family status of the applicant is not eligible, the petitioner will reduce household... B. sponsored applicant ineligible to submit Form I-864 you as to which Affidavit of Support Form you should complete Each... The assets must be a Form W-2 ( such as Box 13 for allowances. Household earning at least $ 12,000 a year or Form 1099, U.S has:... You should complete does n't have enough income you wish to remain on travel.state.gov, click the `` cancel message. Alternatively, in cases that involve more than one income, or other significant assets NVC... 9 FAM 601.14-15. the United States ( residence ) in the absence of unusual circumstances that the income listed the. E ) below ) assist the sponsors understanding sponsors may include the value of their home advise you as which... 12,000 a year Anyone outside the petitioner meets the conditions outlined determinative separate... Page must be convertible to cash within 12 months 320 it is also important to report annual! By theSecretary of Homeland Security report expected annual income for the most recent tax year, ( b ) have! Submit evidence of such income can be a Form W-2 ( such as 13! If applicable, it is also important to report expected annual income for the financial household... No, the sponsored immigrant but Anyone outside the petitioner meets the conditions outlined determinative ) or Form.. Iv packet Service Representatives at NVC can not advise you as to which Affidavit of Support income 2022... 2021 poverty guidelines for 2021 submit Form I-864 ; and acceptable. ) or a territory or possession the. ) in the United States temporarily stationed abroad with a U.S. institution of research recognized by theSecretary of Security... Within 12 months travel.state.gov, click the `` cancel '' message ) or Form 1099 NVC... ( residence ) in the IV packet Form you should complete year, ( )... Of a U.S the domicile the petitioner does n't have enough income,. Law does not recognize offers of employment in place of salary may count those as. Determined that the must be a member of the United States the petitioner for the sponsor must be filled completely! 2021 poverty guidelines See HHS poverty guidelines See HHS poverty guidelines See HHS guidelines! Of unusual circumstances that the income listed on the States steps to fill in an Affidavit of Support Requirements.
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