Shah J. Choudhury :
Families seeking to bring eligible relatives to the United States through family-based immigration must meet specific financial sponsorship requirements. Under the Affidavit of Support, Form I-864, most sponsors are required to demonstrate income equal to at least 125 percent of the Federal Poverty Guidelines, based on their household size.
For the 48 contiguous states and Washington, D.C., the minimum annual income for a two-person household is $27,050. The required income increases as the number of people in the household increases.
Minimum Annual Income by Household Size
Household Size Minimum Annual Income
2 people $27,050
3 people $34,150
4 people $41,250
5 people $48,350
6 people $55,450
7 people $62,550
8 people $69,650
For households larger than eight people, the required income increases for each additional household member. Alaska and Hawaii have separate poverty guidelines.
Household Size Is a Key Factor
The household-size calculation does not necessarily include only the sponsor and the relative seeking immigration. Depending on the circumstances, it may also include the sponsor’s spouse, children, tax dependents, the immigrant applicant and certain other individuals previously sponsored under an Affidavit of Support.
As household size increases, so does the minimum income required from the sponsor.
What If the Sponsor’s Income Is Not Enough?
If a sponsor does not meet the required income level, a joint sponsor may be used when permitted. In certain circumstances, the income of a qualifying household member may also be included through Form I-864A.
Qualified assets may also be used in certain cases to make up an income shortfall. The amount of assets required can vary depending on the relationship between the sponsor and the immigrant and the specific circumstances of the case.
The Affidavit of Support Is a Legal Commitment
Form I-864 is more than a financial-information form. By signing the Affidavit of Support, the sponsor accepts a legal obligation to provide financial support to the immigrant under applicable law.
That obligation generally continues until the immigrant becomes a U.S. citizen, earns 40 qualifying quarters of work under the Social Security Act, is no longer a lawful permanent resident and departs the United States, or another qualifying termination event occurs.
In certain circumstances, government agencies may also seek reimbursement from a sponsor for specified means-tested public benefits received by the sponsored immigrant.
Financial Documentation Is Required
Sponsors must provide evidence of their financial ability when submitting the Affidavit of Support. Depending on the case, documentation may include federal tax records, proof of current income, employment information, W-2 or 1099 forms, and documentation of qualifying assets.
Who Can Serve as a Sponsor?
A financial sponsor generally must be at least 18 years old and be a U.S. citizen or lawful permanent resident. The sponsor must also have a domicile in the United States.
If the petitioning sponsor does not have sufficient income, an eligible joint sponsor may be used. However, using a joint sponsor does not eliminate the petitioner’s own obligation to submit the required Affidavit of Support.
Important for Immigrant Families in New York
For families in New York and across the United States seeking to bring parents, spouses, children or other eligible relatives through family-based immigration, reviewing household size, current income, tax records and possible joint-sponsor or asset options before filing can be important.
Meeting the income requirement for the Affidavit of Support, however, does not by itself guarantee approval of an immigrant visa or Green Card. Applicants must also satisfy other immigration requirements and eligibility criteria.
