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Green CardWhat are the income requirements for an Affidavit of Support?You are required to provide U.S. Federal income tax returns for the 3 most recent tax years as well as proof of current employment. If you were not required to file a tax return in any of these years you must provide an explanation. Failure to provide the tax returns or evidence establishing that you were not required to file will delay action on your relative's application for permanent residence and, if not provided, will result in denial of an immigrant visa or adjustment of status.
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. If you are given specific instructions to file your affidavit of support directly with the National Visa Center, you should follow those instructions.
You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). You must show that your household income is equal to or higher than 125 percent of the U.S. poverty level for your household size (See table below.) Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring. For example, if you have a spouse and two children and you want to sponsor your brother and his wife, you must prove that your household income is equal to or higher than 125 percent of the U.S. poverty level for a family of six, or $30,850, from the table below. You must also include in your household size any immigrants you have previously sponsored under this part of the law. In the above example, if you had previously sponsored your parents and your sister, your household size would be nine persons and you would need a household income of $42,625 ($38,700 + $3,925).
If you, the sponsor, are on active duty in the Armed Forces of the United States, and the immigrant you are sponsoring is your spouse or child, your income only needs to equal 100 percent of the U.S. poverty level for your family size.
2003 POVERTY GUIDELINES*Minimum Income Requirement for Use in Completing Form I-864.
| For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam: | | Sponsor's Household Size | 100% Poverty Line | 125% Poverty Line | | 2 | 12,120 | 15,150 | | 3 | 15,260 | 19,075 | | 4 | 18,400 | 23,000 | | 5 | 21,540 | 26,925 | | 6 | 24,680 | 30,850 | | 7 | 27,820 | 34,775 | | 8 | 30,960 | 38,700 | | | Add $3,140 for each additional person | Add $3,925 for each additional person |
If you cannot meet the minimum income requirements using your earned income, you have various options:
You may add the cash value of your assets such as money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125 percent of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
Example for a household size of 4:
125 percent of 2003 poverty guideline
$23,000
sponsor's income
$18,000
Difference
$5,000
Multiply by 5
x 5
Minimum Required Cash Value of Assets
$25,000
You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
You may count the assets of the relatives you are sponsoring. All Questions and Answers
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