Income Requirements for Family-Based Green Card Petitions_What you need to know
(Affidavit of Support) Income Requirements for Family-Based Green Card Petitions
When sponsoring a green card for a family-based immigration case, meeting the financial support requirements is crucial.
For instance, if you are petitioning for your foreign national spouse through a marriage-based green card (as a US citizen or green card holder), for a CR-1 / IR-1, the petitioning spouse must demonstrate their financial ability to support the immigrant spouse by filing Form I-864, Affidavit of Support. The CR1 visa is for spouses who have been married for less than two years, while the IR1 visa is for spouses who have been married for longer than two years.
Minimum Income Requirement
The petitioning spouse’s annual income must meet 125% of the Federal Poverty Guidelines (FPG) for their household size. The income is calculated based on the "total income" listed on the most recent year’s tax return (line 9 of IRS Form 1040). The required income is reduced to 100% of the FPG for active-duty military members sponsoring a spouse.
To prove their financial eligibility, the petitioning spouse must provide their most recent federal income tax return and supporting documentation, such as W-2s, 1099s, and any applicable schedules. If the tax return was not filed, a statement explaining why it was not filed should also be included.
Avoiding Requests for Evidence (RFE)
Although the USCIS technically requires only the most recent tax return, applicants frequently receive RFEs when they provide minimal documentation. To reduce the likelihood of an RFE, we recommend submitting:
Tax returns for the most recent three years,
Pay stubs from the last 3–6 months, and
An employment verification letter from the current employer.
Options if Income Does Not Meet the Requirement
If the petitioning spouse’s total income falls short of 125% of the FPG, there are two alternatives:
Including Household Members’ Income
If the petitioning spouse’s income does not meet the minimum requirement, they can include the income of household members to supplement the total. Generally, household members include relatives or dependents living in the same household, although exceptions may apply. Relatives who can contribute income typically include parents, a spouse, siblings, and children over 21.Each household member contributing income must complete Form I-864A, a contract between the sponsor and the household member, demonstrating their financial commitment to support the immigrant spouse.
Adding a Co-Sponsor
A co-sponsor, who must be a US citizen or permanent resident, can also help meet the income requirement. Unlike household members, a co-sponsor does not need to live in the same household as the petitioner. The co-sponsor must submit Form I-864 separately and demonstrate their ability to meet the income threshold independently.
Including Assets to Meet the Requirement
If income alone is insufficient, the petitioner may include assets to bridge the gap. The minimum asset value required depends on the petitioner’s status as a US Citizen: The total value of assets must be at least three times the shortfall.
Permanent Residents: The total value of assets must be at least five times the shortfall.
Timing for Submitting Form I-864
The timing for submission of Form I-864 varies based on the applicants situation:
Adjustment of Status (within the UUS: If the immigrant spouse is already in the UUSon a non-immigrant visa (e.g., F1, J1, H-1b), submit Form I-864 to USCIS alongside Form I-485.
Consular Processing (outside the UUS: Submit Form I-864 to the National Visa Center (NVC) via the applicant's EAC portal and the required supporting documents.
For consular processing cases, Form I-864 is submitted only after USCIS approves Form I-130 (Petition for Alien Relative). However, if the immigrant spouse is in the UUSand visa numbers are immediately available, all necessary forms can be filed concurrently. This includes Forms I-130, I-485, and I-864, as well as Forms I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document).
Navigating the income requirements and submission process for Form I-864 can be complex. By ensuring proper documentation and understanding the necessary steps, you can avoid unnecessary USlays and RFEs in your family-based green card application.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult an attorney. Immigration Law Office of Amy Chung, PLLC, is NOT responsible for any decisions made based on the information provided on our website without the firm’s legal representation. Legal representation is ONLY established upon the mutual signing of a Legal Services Agreement AND the prospective client’s payment of the required attorney fee.