My Spouse Does Not Meet Income Requirement For Filing I-864 Affidavit Of Support

Meeting the income requirement is one of the most important factors that USCIS uses to determine eligibility for a visa or green card. It can be very stressful when the US citizen is either unemployed or just doesn’t make enough money to meet this requirement. Don’t worry though, you can  still get a green card as long as you can find a cosponsor to help meet the income gap.

A cosponsor (sometimes called a joint sponsor) is someone who is a US citizen that makes enough money for their household size plus the intending immigrant. The cosponsor doesn’t need to be a family member, but they will be asked to provide very personal financial documents to the US government.

Download the FREE USCIS Income Calculator
This calculator shows you whether you make enough money to sponsor your spouse.

What Exactly Is An Affidavit of Support?

This form is a contract between a sponsor (US citizen) and the U.S. Government promising to support your immigrant spouse financially. Sound scary? It’s one of the grounds of inadmissibility which all applicants for a green card must meet. USCIS doesn’t want to allow people who will be fully dependent on the government for their livelihood which then fall on the backs of tax payers.

Completing and signing this form makes you the sponsor (or cosponsor). You must show on this form that you have enough income and/or assets to maintain the intending immigrant(s) and the rest of your household.
Sometimes you just don’t make enough money to meet the income requirement which is 125% of the poverty guideline. In this case, you’re allowed to use assets to help fill in the gap. Assets are only considered if they are liquid and available quickly. This can include cash, savings, investments, rental real estate and so on.
However, you won’t be able to use your personal residence (unless you have already sold it for cash) or retirement accounts. These are not considered liquid enough to convert quickly into cash.

2017 USCIS Federal Poverty Guidelines

 For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands:

Household Size

 

 

100% Poverty Guideline

Active duty in the U.S. Armed Forces

125% Poverty Guideline

For all other sponsors

2$16,020$20,025
3$20,160 $25,200
4$24,300 $30,375
5$28,440 $35,550
6$32,580 $40,725
7$36,730 $45,912
8$40,890 $51,112

The US citizen agrees to use their resources to support the intending immigrant(s) named in the form.

Once the form I-864 is submitted, the sponsored immigrant becomes ineligible for certain Federal, State, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider the US citizen’s resources and assets as available to the sponsored immigrant in determining his or her eligibility for the program.
If the immigrant sponsored in this affidavit does receive one of the designated Federal, State or local means-tested public
benefits, the agency providing the benefit may request that you repay the cost of those benefits.
That agency can sue the US citizen if the cost of the benefits provided is not repaid. Not all benefits are considered to be means-tested public benefits.

What If US Citizen Spouse Is Self-Employed?

Many Americans are self employed or contractors that are 1099 workers. This means that they are responsible for filing their taxes quarterly to the IRS and are not considered an employee. The same rules apply to self-employed sponsors as their employed counterparts but what many fail to do is report all of their income.

Anyone who has worked for themselves understands that you want to minimize your income by including all of your business expenses but this can backfire when it comes to sponsoring a relative. USCIS will use your taxable income when they calculate the minimum requirement. So, if you are trying to minimize your taxable income this can equate to not meeting the income requirement in the eyes of USCIS.

You have to show that you can support the immigrant spouse and that your income is 125% above the poverty line. If you are currently self-employed, a copy of your Schedule C, D, E or F from your most recent Federal Tax Return which establishes your income from your business can be submitted.

If finding a cosponsor or using assets isn’t possible, you may need to deduct less expenses on your taxes so you can show you made more money. This is a catch-22 that many self employed sponsors face and it’s similar to circumstances you face when trying to get a home loan.

Joint Sponsor To Help Meet Income Requirement

A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant. You can ask a friend, cousin, coworker and just about anyone else that makes enough money.

The tough part is getting them to agree to be a cosponsor and divulge their financial life to you and the US government. Remember, once you sign the I-864 you are on the hook for any means-tested benefits that foreign immigrant applies for. I’ve heard of rare cases where the US government actually sued the sponsor under the terms of the I-864.

Although a lawsuit brought by the US government is very rare, it is still possible.

If the first joint sponsor completes Form I-864 but still doesn’t meet the income requirement for their household size, a second qualifying joint sponsor will be required to sponsor the remaining family members. Interestingly, USCIS also allows you to use the income and assets of the beneficiary but there are some strict requirements for this option.

 There can be no more than two joint sponsors. A joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor.

Any dependents applying for an immigrant visa or adjustment of status more than 6 months after immigration of the intending immigrants must be sponsored by the petitioner but may be sponsored by an original joint sponsor or a different joint sponsor.

Have more questions about using a joint sponsor? Let me know in the comments below.

Ayan is a Somali born Canadian who has successfully immigrated to the United States and is passionate about helping fellow immigrants move to the U.S. to pursue their dreams. Whether you’re applying for a visa, green card or naturalization; get real answers to your immigration questions.

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