Every family-based green card applicant must have a financial sponsor. The sponsor files Form I-864, Affidavit of Support, to show that the intending immigrant has adequate means of financial support and is not likely to rely on the U.S. government for financial support. If the sponsor fails to meet the income requirement on Form I-864, USCIS won’t approve the intending immigrant for a green card.
Generally, the person who files Form I-130 to petition to relative is also the person who sponsor the relative with Form I-864. But it can get more complicated.
Income Requirements to Sponsor a Relative
The simplest way to check if you qualify as a sponsor is to review Form I-864P, HHS Poverty Guidelines for Affidavit of Support. Use this form to determine the minimum income requirement needed to sponsor most family-based immigrants.
Factors such as the state where you live and active duty in the U.S. armed forces can increase or lower the income threshold. But determining household size is where many sponsors fail to properly prepare the form.
Active duty members of the U.S. armed forces (Army, Marines, Navy, Air Force, or Coast Guard) will only need an income of 100 percent of the Federal Poverty Guidelines as long as they are sponsoring a spouse or minor child.
When You Don’t Meet the Income Requirements
If your income is not sufficient to support the entire household, it’s possible to utilize the income from other household members such as a spouse or parent that’s living under the same roof. This can help the entire household meet the income requirement for Form I-864.
Or you can use the help of a joint sponsor. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant. Using a joint sponsor doesn’t excuse the petitioner from submitting Form I-864. The petitioner must prepare and submit Form I-864, Affidavit of Support, even if he or she doesn’t qualify financially. The joint sponsor submits his or her Form I-864 along with it.
Barely Meeting the Income Requirement
USCIS determines income eligibility based on your current annual income. But what if you only met the requirement because of a new job or new source of income that you didn’t have in previous years. Will USCIS review income from previous years? They will take it into consideration.
Your new income may be from a new job or promotion that you didn’t have in previous years. It’s reasonable to think that you will continue earning this much or even more in future years. But it may still be necessary to document this new income. If your previous years’ income tax returns show that you would not have met the requirement in those previous years, you may consider including evidence of your income in the current year. This evidence may include a letter from your employer, pay stubs or the previous six months, evidence of alimony, child support, or any other source of income.