How much income does USCIS petitioner need?
You must show on this affidavit that you have enough income and/or assets to maintain the intending immigrants and the rest of your household at 125 percent of the Federal Poverty Guidelines.
| Sponsor's Household Size (by number of people, including sponsor and spouse) | Sponsors in the 48 continental states, D.C., and U.S. territories | Sponsors in Alaska |
|---|---|---|
| 2 | $18,310 | $22,890 |
| 3 | $23,030 | $28,790 |
| 4 | $27,750 | $34,690 |
| 5 | $32,470 | $40,590 |
| Number of people in your household (including yourself and your spouse)* | For sponsors in the 48 contiguous states, D.C., and U.S. territories | For sponsors in Hawaii |
|---|---|---|
| 2 | $25,550 | $29,375 |
| 3 | $32,275 | $37,113 |
| 4 | $39,000 | $44,850 |
| 5 | $45,725 | $52,588 |
What happens if the petitioner doesn't have enough income? Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines.
USCIS does not limit the consideration of income only to income that appears on federal income tax forms, and considers all evidence of income from lawful sources. Examples of income that may not appear on income tax forms include child support and alimony.
When completing Form I-864, USCIS typically asks for your adjusted gross income (AGI), not your net income. Your AGI is your total income minus specific deductions allowed by the IRS, such as contributions to retirement accounts or student loan interest payments.
Even without a job, if your U.S. spouse or fiancé possesses sufficient assets to meet the income requirements, you can proceed with the visa process. Assets can include home equity, investment accounts, or retirement savings.
How Many Years of Tax Returns Are Required? For Form I-864, the U.S government requires proof of tax filing for the most recent filing year (typically the previous calendar year). Note that the the sponsor (and co-sponsor if any) has the option to provide tax filings from the past 3 years.
The term “household liabilities” is neither defined nor exemplified in the Instructions other than they must be owed by household members. Liabilities should include fixed and regular expenses, such as a mortgage or lease payment, car loans, school tuition, or child support.
For ALL sponsors:
A copy of your individual federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file.
What is the rejection rate for I-130?
In FY 2022, U.S. Citizenship and Immigration Services (USCIS) received 873,073 Form I-130 applications (the first step in any family-based green card application, including the marriage green card) and denied 133,251 of those (15%).
While you can't directly sponsor a non-relative friend, you still have the option to offer financial support and protection for an immigrant entering the US. Here's what you need to do to become a joint financial sponsor for a friend.
| Sponsor's Household Size | 100% of HHS Poverty Guidelines | 125% of HHS Poverty Guidelines |
|---|---|---|
| - | For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child | For all other sponsors |
| 2 | $19,720 | $24,650 |
| 3 | $24,860 | $31,075 |
| 4 | $30,000 | $37,500 |
On the day of your interview, bring certified tax returns for the last 5 years (3 years if you are married to a U.S. citizen). Certified tax transcripts may be ordered by using Internal Revenue Service Form 4506-T available at www. irs.gov or calling 800-829-1040.
The tax documents that USCIS will require you to present depend on the specific immigrant visa category you seek. The government may also request a copy of your tax returns and proof that you have paid taxes due.
There are many reasons USCIS may be requesting recent bank statements. USCIS may be making sure you are not likely to become a public charge. They may also be looking for payments that show you violated your F-1 status. USCIS can contact your bank to verify the validity of the documents.
What cash value of assets is needed? The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size.
Generally, USCIS will not get records directly from the IRS.
The law requires a sponsor to prove an income level at or above 125 percent of the Federal poverty level. (For active duty military personnel, the income requirement is 100 percent of the poverty level when sponsoring a husband, wife, or children.)
You may not be eligible to sponsor your spouse, partner if you: were sponsored by a spouse or partner and you became a permanent resident less than 5 years ago. are still financially responsible for a previous spouse or partner that you sponsored.
Can I sponsor my husband to the USA if I am unemployed?
Filing for a Marriage-Based Green Card
Another requirement for sponsoring a spouse for residency is financial responsibility. If you are unemployed or suffering financial hardship, there are guidelines you need to follow as a part of the process.
You bear more responsibility on the immigrant as a sponsor. If the unexpected happens, you may be faced with fines and lawsuits. Before you sign an Affidavit of Support, speak with an immigration attorney for free evaluation of your specific situation and how best to prepare for any undesirable outcome.
Generally, a U.S. citizen may sponsor a foreign national spouse to adjust status in the U.S. to become a Lawful Permanent Resident (to get a "Green Card"), and this is true regardless of whether the foreign national spouse overstayed his initial visa or whether the U.S. citizen owes taxes to the IRS.
Does USCIS Check Marriage Records? To ensure that a marriage between a United States citizen and a non-U.S. citizen or two non-U.S. citizens is valid, USCIS will first examine the marriage certificate that the couple submits with their green card application.
By signing Form I-864, you're agreeing that you have sufficient income to take care of the immigrant. Specifically, you are guaranteeing that your income is at or above 125% of the federal poverty line.
