The income requirements for a marriage-based green card (officially known as the Form I-864, Affidavit of Support) are set by the U.S. Citizenship and Immigration Services (USCIS). These requirements may be subject to change, so it’s important to check the USCIS website or consult with an immigration attorney for the most up-to-date information.
As of my last update, the petitioner (the U.S. citizen or permanent resident spouse) is generally required to demonstrate that their income is at least 125% of the federal poverty guidelines. The specific threshold depends on factors such as the petitioner’s household size and location.
Here are some general points:
- Household Size: The petitioner’s household size includes the sponsor, the sponsor’s dependents, any relatives living with the sponsor, and the intending immigrant. The larger the household size, the higher the income requirement.
- Federal Poverty Guidelines: The federal poverty guidelines are published annually by the U.S. Department of Health and Human Services. The USCIS typically uses these guidelines to determine the minimum income required. The poverty guidelines take into account the number of people in the household and the state of residence.
- Affidavit of Support (Form I-864): The petitioner is required to submit an Affidavit of Support (Form I-864) along with supporting documentation to demonstrate their income. In cases where the petitioner’s income falls below the required threshold, additional assets and/or a joint sponsor’s income may be considered.
- Joint Sponsor: If the petitioner does not meet the income requirements, a joint sponsor who is a U.S. citizen or permanent resident and meets the requirements can submit a separate Form I-864 to support the intending immigrant.
How to calculate the minimum income requirements for a marriage green card application?
To calculate the minimum income requirements for a marriage-based green card application, you can follow these general steps:
- Determine Household Size:
- Include yourself (the sponsor), your spouse (the intending immigrant), and any dependents or other qualifying individuals who are part of your household. This can include children, parents, or other dependents.
- Refer to the Federal Poverty Guidelines:
- The U.S. government publishes annual Federal Poverty Guidelines, which take into account the number of people in a household and the state of residence. You can find these guidelines on the website of the U.S. Department of Health and Human Services.
- Calculate 125% of the Poverty Guidelines:
- The minimum income requirement is generally 125% of the federal poverty guidelines. Multiply the applicable poverty guideline for your household size by 1.25. This gives you the minimum income required to sponsor your spouse for a green card.
- Example: If the poverty guideline for a household of two is $21,550, then 125% of this amount would be $26,937.50 (21,550 * 1.25).
- Consider Additional Dependents:
- If you have dependents who are not immigrating but are part of your household, their needs are factored into the calculation. Ensure that your income meets the minimum requirements for your entire household.
- Gather Documentation:
- Collect the necessary documentation to prove your income. This may include recent tax returns, W-2 forms, pay stubs, and other financial documents.
- Complete the Affidavit of Support (Form I-864):
- Fill out the Affidavit of Support form (Form I-864) with accurate information. This form is submitted along with your supporting financial documents.
- Consider a Joint Sponsor if Necessary:
- If your income does not meet the minimum requirements, you may consider obtaining a joint sponsor. A joint sponsor is someone who is willing to take financial responsibility for the intending immigrant. The joint sponsor must meet the income requirements and submit a separate Form I-864.
- Check for Updates:
- Keep in mind that immigration policies can change, and the income requirements may be updated. Check the USCIS website or consult with an immigration attorney to ensure you have the most current information.
What to do if the sponsor does not meet the minimum income requirements?
If the sponsor does not meet the minimum income requirements for a marriage-based green card application, there are several options to address this situation:
- Use Assets:
- The sponsor may be able to use certain assets to supplement their income and meet the financial requirements. Assets such as bank accounts, real estate, and other valuable properties can be taken into consideration. The total value of the assets is divided by three to determine the equivalent annual income. Not all assets are eligible, and there are specific rules regarding their valuation, so it’s essential to review the guidelines or consult with an immigration attorney.
- Obtain a Joint Sponsor:
- A joint sponsor is someone who is willing to assume financial responsibility for the intending immigrant. The joint sponsor must be a U.S. citizen or permanent resident and meet the minimum income requirements. The joint sponsor submits a separate Affidavit of Support (Form I-864) along with their financial documentation. This option is common when the primary sponsor’s income is insufficient.
- Combine Income:
- If the sponsor is married and filing jointly with their spouse, the income of both spouses can be considered to meet the minimum requirements. Both spouses must be willing to sign separate Affidavits of Support (Form I-864).
- Provide Additional Evidence:
- The sponsor can provide additional evidence or documentation to strengthen their case. This may include a letter of explanation, proof of other sources of income, or evidence of future job prospects or promotions.
- Demonstrate a History of Financial Support:
- If the sponsor has a history of providing financial support to the intending immigrant or other dependents, they can present evidence of this support to show their ability to continue providing for the sponsored immigrant.
- Seek Professional Advice:
- Consulting with an immigration attorney is highly recommended in cases where the sponsor does not meet the minimum income requirements. An attorney can provide guidance on the best course of action based on the specific circumstances, immigration laws, and potential changes in regulations.