Marriage Green Card Financial Sponsorship
I-864 Affidavit of Support for a Marriage Green Card
Most marriage based green card cases require the petitioning spouse to complete Form I-864, Affidavit of Support Under Section 213A of the Immigration and Nationality Act. Form I-864 is more than proof of income. It is a legally enforceable sponsorship contract and requires careful review of household size, income, tax records, assets, domicile, and any joint sponsor or household member whose resources will be used.
Who Files Form I-864?
The Petitioning Spouse Is Normally the Primary Sponsor
In a marriage based case requiring Form I-864, the person who filed the underlying family petition normally must submit an Affidavit of Support.
This remains true even when the petitioner's income is too low and a joint sponsor will also submit Form I-864.
Income Requirement
The Required Income Depends on Household Size
The sponsor generally must demonstrate income at or above the applicable percentage of the Federal Poverty Guidelines for the sponsor's household size.
The poverty guidelines are updated periodically, so the amount should be checked using the guidelines applicable when the Affidavit of Support is filed.
A different percentage can apply to certain active duty members of the U.S. Armed Forces sponsoring a spouse or qualifying child.
Household Size
Incorrect Household Size Can Produce the Wrong Income Requirement
Form I-864 household size is not simply the number of people currently living under one roof.
Depending on the facts, the calculation can include the sponsor, the sponsor's spouse, certain children and tax dependents, the intending immigrant, certain accompanying immigrants, and people previously sponsored under an enforceable Affidavit of Support.
Certain household members whose income will be used may also affect the Form I-864 and Form I-864A analysis.
Income Evidence
Tax History and Current Income Should Be Reviewed Separately
Federal tax records are an important part of the Affidavit of Support process, but the inquiry is not limited to a single number from a prior tax return.
The sponsor should accurately document required tax information and, when appropriate, provide evidence of current employment and current income.
Federal Tax Evidence
The sponsor generally provides the required federal tax return or tax transcript information for the most recent tax year.
Current Employment
Employment letters, recent pay records, or other documentation can help establish current income when appropriate.
Self Employment
Business and self employment income may require additional documentation to show the income actually available to the sponsor.
No Filing Requirement
A sponsor who was not required to file a federal income tax return should be prepared to document or explain the applicable filing circumstances.
If Income Is Too Low
Several Different Financial Strategies May Be Available
An income shortfall does not automatically mean that the marriage green card case cannot proceed.
Depending on the facts, the sponsorship requirement may be met through qualifying household income, continuing income of the intending immigrant, qualifying assets, or a joint sponsor.
Joint Sponsor
A separate qualifying sponsor can submit Form I-864 when the petitioner's income is insufficient.
Household Member Income
Certain qualifying relatives or dependents may be able to combine income with the sponsor through Form I-864A.
Spouse's Continuing Income
In appropriate cases, income of the intending immigrant spouse may be counted if it will continue from the same source after the spouse becomes a permanent resident.
Assets
Qualifying assets can sometimes make up the difference between household income and the applicable poverty guideline.
Form I-864A
A Household Member Is Different From a Joint Sponsor
A household member whose income is combined with the petitioning sponsor generally uses Form I-864A when the applicable requirements are satisfied.
A joint sponsor instead files a separate Form I-864 and must independently meet the sponsorship requirements for the intending immigrant or immigrants listed on that affidavit.
Assets
Assets Can Sometimes Compensate for Insufficient Income
USCIS and Department of State rules permit qualifying assets to be used when income falls below the applicable requirement.
The relevant value is generally the net value available after liens or other liabilities. The asset must also be sufficiently available and capable of conversion to cash within the required period without undue hardship or financial loss.
Special rules apply to the amount of assets required when a United States citizen is sponsoring a spouse.
Domicile
The Petitioner Must Satisfy the U.S. Domicile Requirement
Financial income is only one part of Form I-864 eligibility. The petitioning sponsor generally must also be domiciled in the United States.
This requirement can become especially important when a United States citizen petitioner has been living abroad with the foreign spouse.
Legal Obligation
Form I-864 Is an Enforceable Contract
By signing Form I-864, the sponsor accepts legal support obligations created by INA section 213A.
The sponsored immigrant may have legal rights to enforce the support obligation. Government agencies may also seek reimbursement in certain circumstances involving covered means-tested public benefits.
When the Obligation Ends
The I-864 Obligation Continues Until a Legally Recognized Terminating Event
Under the current Form I-864, sponsorship obligations can end when the sponsored immigrant becomes a United States citizen, receives credit for 40 qualifying quarters under the Social Security Act, ceases to be a lawful permanent resident and departs the United States, receives a new adjustment of status in removal proceedings based on a new Affidavit of Support when required, or dies.
The sponsor's own death also ends future support obligations, although previously accrued obligations can present a separate issue.
Adjustment of Status
Form I-864 Is Also Used in Many Marriage Based Adjustment Cases
Form I-864 is not limited to consular processing. A spouse adjusting status inside the United States generally submits the required Affidavit of Support as part of the adjustment process when the statutory sponsorship requirement applies.
Consular Processing
NVC Reviews Affidavit of Support Documents Before the Visa Interview
In a spouse immigrant visa case, Form I-864 and supporting financial documentation are generally submitted through the National Visa Center process before the case reaches the immigrant visa interview.
Frequently Asked Questions
Form I-864 Marriage Green Card Questions
Does the petitioner need to file I-864 if we have a joint sponsor?
Generally yes. The petitioning sponsor normally must submit Form I-864 even when a qualifying joint sponsor also submits a separate Form I-864.
What if the petitioner's income is too low?
Possible options can include a joint sponsor, qualifying household member income, qualifying continuing income of the intending immigrant, or assets, depending on the facts.
Can my spouse's income count?
In appropriate circumstances, an intending immigrant spouse's income can be counted if it will continue from the same source after lawful permanent residence is obtained.
Can we use assets instead of enough income?
Qualifying assets can sometimes make up an income shortfall. Different asset multipliers can apply depending on the relationship and sponsorship category.
Does divorce cancel the I-864?
No. The current Form I-864 expressly states that divorce does not terminate the sponsor's obligations under the Affidavit of Support.
Can a joint sponsor fix a domicile problem?
No. A joint sponsor can address an income deficiency, but the petitioning sponsor must independently satisfy the applicable domicile requirement.
Related Guides
Marriage Green Card Financial Sponsorship Resources
Official Sources
Federal Affidavit of Support Guidance
Marriage Green Card I-864 Legal Assistance
The Messersmith Law Firm represents couples in marriage based green card cases involving Form I-864, joint sponsors, household income, assets, domicile, National Visa Center processing, and adjustment of status.
Request a Case EvaluationUsing Assets for Form I-864
When qualifying income is below the applicable requirement, assets may sometimes be used to make up the shortfall. See Using Assets for Form I-864 →