Marriage Green Card Financial Sponsorship
Using Assets for Form I-864 in a Marriage Green Card Case
A sponsor whose qualifying income is below the Form I-864 requirement may sometimes use assets to make up the difference. The important questions are the amount of the income shortfall, whose assets are being used, the net value of those assets, and whether the assets can be converted to cash within the required period without substantial hardship or financial loss.
When Assets Are Needed
Assets Can Make Up an Income Shortfall
The first step is to determine the applicable household income requirement and compare it with the sponsor's qualifying income.
If income is below the required level, qualifying assets may be used to cover the difference under the Form I-864 rules.
Calculate the Shortfall
Start With the Difference Between Required Income and Qualifying Income
Asset calculations are based on the amount by which qualifying household income falls below the applicable poverty guideline.
For example, if the required income were $30,000 and qualifying income were $25,000, the income shortfall would be $5,000. The applicable asset multiplier would then be applied to that shortfall.
Three Times the Shortfall
A U.S. Citizen Sponsoring a Spouse Receives a Special Asset Rule
Current Form I-864 instructions provide a reduced asset requirement when a United States citizen is sponsoring that citizen's spouse.
In that situation, the required net value of qualifying assets is generally at least three times the difference between qualifying income and the applicable poverty guideline.
Five Times the Shortfall
The Ordinary Asset Rule Is Generally Higher
In cases that do not qualify for a special reduced multiplier, Form I-864 instructions generally require assets totaling at least five times the income shortfall.
Do not automatically assume that the three-times rule applies merely because the intending immigrant is someone's spouse. The identity and legal role of the sponsor using the asset rule matter.
What Assets Can Be Used?
The Asset Must Have Real Available Net Value
Department of State guidance states that financial sponsors may use assets that can be converted into cash within one year without considerable hardship or financial loss.
Cash and Savings
Checking, savings, money market, and similar liquid accounts may provide straightforward evidence of available value.
Stocks and Bonds
Marketable securities can potentially qualify when ownership and current value are properly documented.
Real Estate
Real property may be used based on its net value after mortgages, liens, and other secured obligations are considered.
Other Property
Other property may qualify if its ownership, value, liquidity, and ability to be converted to cash can be established.
Net Value
Use Equity, Not Gross Market Value
The relevant amount is generally the asset's net cash value after subtracting liens and liabilities secured by the asset.
For example, a property worth $300,000 with a $250,000 mortgage does not ordinarily provide $300,000 of asset value for Form I-864 purposes. The starting equity calculation would instead be approximately $50,000, subject to the other asset requirements.
Primary Residence
Home Equity Can Potentially Be Used
Department of State guidance permits the value of a home to be considered as an asset.
The case should document current market value, the amount of any mortgage or lien, ownership, and the resulting net equity.
Because the asset must be capable of conversion to cash without considerable hardship or financial loss, the circumstances of the property should be evaluated realistically.
Vehicles
A Primary Automobile Normally Cannot Simply Be Counted
Department of State guidance states that the value of an automobile generally cannot be included unless the sponsor has more than one vehicle and does not count the primary automobile as an asset.
This prevents a sponsor from relying on an asset that may be necessary for ordinary transportation.
Intending Immigrant's Assets
The Foreign Spouse's Assets May Also Be Relevant
Current USCIS Form I-864 instructions permit assets of the intending immigrant to be considered regardless of where that person resides.
The filing should establish ownership, current value, liabilities, and the practical availability of the asset.
When assets are held outside the United States, the parties should also consider whether local law permits the funds or proceeds to be transferred out of that country.
Foreign Assets
Foreign Property Requires More Than a Valuation
An overseas bank account or property may appear valuable but still present problems if the asset cannot legally or practically be converted to cash and transferred when needed.
Ownership
Document who legally owns the asset.
Current Value
Provide reliable evidence of present value rather than an unsupported estimate.
Liabilities
Subtract mortgages, loans, liens, and other secured liabilities.
Transferability
Determine whether the proceeds can legally and practically be removed from the foreign country.
Documenting Assets
Evidence Should Establish Ownership, Value, and Net Equity
Bank Accounts
Statements should identify the owner and document the amount actually available.
Investment Accounts
Recent brokerage or investment statements can establish ownership and market value.
Real Estate
Deeds, valuation evidence, mortgage statements, and lien records can document net equity.
Foreign Assets
Translations, ownership documents, valuations, loan records, and evidence regarding transferability may be required.
Jointly Owned Assets
The filing should establish the portion of the asset value actually available to the person whose assets are being counted.
Current Evidence
Asset values can fluctuate, so sufficiently current evidence is important.
Assets vs. Joint Sponsor
The Better Strategy Depends on the Evidence
Some cases can satisfy Form I-864 through assets alone. Others may have assets that are difficult to value, encumbered, illiquid, or located in a country with transfer restrictions.
In those cases, a qualifying joint sponsor may provide a cleaner financial sponsorship solution.
Frequently Asked Questions
I-864 Asset Questions
How many assets do I need if my income is short?
The amount depends on the income shortfall and the applicable multiplier. A U.S. citizen sponsoring that citizen's spouse generally needs qualifying assets equal to at least three times the shortfall.
Can I use savings?
Yes. Properly documented savings can potentially qualify because cash is readily convertible and its ownership and value can generally be established.
Can I use my house?
Potentially. Department of State guidance permits home value to be considered, but mortgages and liens must be deducted and the remaining net value must satisfy the applicable requirements.
Can I count my car?
The primary automobile ordinarily is not counted. Department of State guidance allows a vehicle to be considered in certain cases when the sponsor owns more than one automobile and excludes the primary vehicle.
Can the immigrant spouse use assets located overseas?
Potentially. The filing should establish ownership, net value, liquidity, and whether the asset or its proceeds can be removed from the foreign country.
Should we use assets or a joint sponsor?
That depends on the amount and quality of the asset evidence and whether a qualified joint sponsor is available. The cleaner evidentiary route may differ from case to case.
Related Guides
Form I-864 Financial Sponsorship Resources
Official Sources
Federal I-864 Asset Guidance
Legal Assistance With Form I-864 Assets
The Messersmith Law Firm represents couples in marriage based immigration cases involving Form I-864, assets, joint sponsors, household income, domicile, adjustment of status, and consular processing.
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