The I-864 Affidavit of Support is a crucial part of many U.S. immigration cases, especially family-based petitions. Its primary purpose is to show that the intending immigrant will have adequate financial support and will not become a public charge. The form requires the Petitioner, usually a U.S. citizen (USC) or lawful permanent resident (LPR), to prove that they have sufficient income or resources to support their relative. A key factor in completing the I-864 is understanding the minimum income requirement, which is determined by household size and the federal poverty guidelines. This article discusses the options available when a Petitioner’s income falls short of that requirement.
Determining Household Size
Household size is one of the most important factors in calculating income eligibility. It generally includes:
- The Petitioner
- The Petitioner’s spouse and children
- Any dependents listed on the Petitioner’s tax return
- The intending immigrant
- Any other individuals previously sponsored on an I-864 who are now U.S. permanent residents
Accurately determining household size is critical since it directly impacts the minimum income required under federal guidelines.
Federal Poverty Guidelines
Each year, the U.S. Department of Health and Human Services (HHS) publishes the federal poverty guidelines. For I-864 purposes, a Petitioner’s income must typically equal at least 125% of the poverty level for their household size. An exception applies for Petitioners serving in the U.S. armed forces, who only need to meet 100% of the poverty level.
For example, if a Petitioner has a household size of four and the 125% poverty guideline is $40,187, they must demonstrate at least that amount in annual income. It’s important to note that USCIS primarily considers the most recent tax return. This means that even if the Petitioner currently earns $45,000, but their last tax return reflects an adjusted gross income of only $30,000, they may still be found ineligible as a sponsor.
Options When Income Is Insufficient
- Using Assets
If the Petitioner’s income falls short, assets may be used to cover the gap. Eligible assets include:
- Real estate
- Stocks, bonds, and other investments
- Bank accounts and cash savings
Generally, the total asset value must equal at least five times the shortfall between the Petitioner’s income and the required level. For U.S. citizens sponsoring a spouse or child, the requirement is reduced to three times the difference.
Example:
If the required income level is $33,312 but the Petitioner earns only $28,000, there is a shortfall of $5,312. To make up the difference, a U.S. citizen Petitioner sponsoring a parent or sibling would need assets valued at $26,560. However, if sponsoring a spouse or child, the required asset amount would be reduced to $15,936.
- Obtaining a Joint Sponsor
Another option is to secure a joint sponsor who agrees to share financial responsibility. A joint sponsor must:
- Be at least 18 years old
- Be a U.S. citizen or lawful permanent resident
- Live in the U.S. or its territories
- Meet the income requirements for their own household size independently
A joint sponsor does not need to be related to the Petitioner or intending immigrant but must be willing to accept the same legal obligations.
Legal Obligations and Considerations
By signing the I-864, both the Petitioner and any joint sponsor take on a legally binding obligation to financially support the immigrant. This responsibility remains in effect until the immigrant:
- Becomes a U.S. citizen
- Works 40 qualifying quarters (approximately 10 years)
- Leaves the U.S. permanently
- Passes away
It’s important to note that divorce does not end these obligations.
The I-864 Affidavit of Support requires careful attention to income, household size, and federal poverty guidelines. When income alone is not sufficient, assets or a joint sponsor can provide a path forward. Because signing the I-864 creates long-term financial responsibility, Petitioners should fully understand the implications and may wish to consult an experienced immigration attorney for personalized advice.
For additional guidance, you can contact Chris Prescott at cprescott@psbplaw.com.