What Are the Income Requirements for an Affidavit of Support?

Question from aj, What Are the Income Requirements for an Affidavit of Support?

Answer from AI:

When you are filing Form I-130, Petition for Alien Relative, and are in the process of bringing a family member to the United States, your sponsor will need to meet certain income requirements to provide an Affidavit of Support. This is a legal document to show that the immigrant will not become a public charge and that the sponsor has the financial means to support the immigrant.

Understanding the Affidavit of Support

The Affidavit of Support, specifically Form I-864, is required by U.S. Citizenship and Immigration Services (USCIS) for most family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and are not likely to rely on the U.S. government for financial support.

Income Requirements for Sponsors

The sponsor must demonstrate that their income is at least 125% of the Federal Poverty Guidelines for their household size, including the sponsored immigrant(s). Here are the general steps and guidelines:

1. Check the current Federal Poverty Guidelines for the applicable year.
2. Determine the household size, which includes the sponsor, their dependents, any relatives living with them, and the immigrants they are sponsoring.
3. Calculate the total income required for the household size based on the guidelines.
4. Provide proof of income, such as tax returns, W-2s, or pay stubs.
5. If the sponsor’s income does not meet the requirement, assets may be used to make up the difference, or a joint sponsor may be necessary.

Using Assets to Meet the Income Requirements

If the sponsor’s income is not sufficient, they can also use the value of their assets. The assets must be convertible to cash within one year and may include savings, stocks, bonds, and property. The total value of the assets must be equal to at least five times the difference between the sponsor’s income and the required income level (three times for U.S. citizen sponsors of a spouse or child).

Joint Sponsors

If the primary sponsor cannot meet the income requirements alone, a joint sponsor who can meet the income requirements may submit a separate Affidavit of Support to help support the immigrant. The joint sponsor must independently meet the income requirements for their household size plus the person they are sponsoring.

Legal Advice and Assistance

It is important to note that immigration laws and regulations can be complex, and the financial requirements for sponsoring an immigrant are subject to change. Therefore, it is often beneficial to consult with an immigration attorney or accredited representative for personalized advice, especially if your case involves unique circumstances or if you are considering using a joint sponsor or assets to meet the income requirements.

For more detailed information and instructions, you can visit the USCIS page on Form I-864. Remember that failing to meet the Affidavit of Support requirements can result in the denial of the immigrant’s visa or adjustment of status application.