Income Requirements for Marriage Green Cards
Income requirements for marriage green cards are subject to change and are usually based on the federal poverty guidelines issued annually by the U.S. Department of Health and Human Services (HHS). To find the most current and accurate information on income requirements for marriage green cards in 2023, I recommend visiting the official U.S. Citizenship and Immigration Services (USCIS) website or consulting with an immigration attorney who can provide up-to-date guidance based on the latest regulations and policies.
Minimum Income Requirements for Affidavit of Support
The minimum income requirements for the Affidavit of Support (Form I-864) vary depending on the petitioner’s household size and the sponsor’s immigration status. The Affidavit of Support is a crucial document used to demonstrate the sponsor’s ability to financially support the intending immigrant(s) and ensure they won’t become a public charge in the United States.
For most family-sponsored immigrants (including immediate relatives like spouses), the sponsor must generally demonstrate an income of at least 125% of the federal poverty guidelines for their household size. However, if the sponsor is active-duty military, this requirement may be reduced to 100% of the federal poverty guidelines.
The federal poverty guidelines are issued annually by the U.S. Department of Health and Human Services (HHS) and are subject to change. These guidelines are used to determine the minimum income required for the sponsor based on their household size, which includes the sponsor, the sponsor’s spouse, children, and any other dependents.
It’s important to note that the income requirements can change each year, and different factors, such as the sponsor’s location and number of dependents, may influence the specific income threshold.
For the most up-to-date and accurate information on minimum income requirements for the Affidavit of Support, please refer to the official USCIS website or consult with an immigration attorney who can provide guidance based on the latest regulations and guidelines.
What if Marriage Green Card Sponsor Doesn’t Meet the Income Requirements?
If the sponsor for a marriage-based green card (Form I-130, Petition for Alien Relative) does not meet the income requirements for the Affidavit of Support (Form I-864), there are a few potential options to address the situation:
- Co-Sponsor: The intending immigrant’s spouse can find a joint sponsor, also known as a co-sponsor, who meets the income requirements. The co-sponsor will need to complete a separate Affidavit of Support (Form I-864) and provide evidence of their income and financial ability to support the intending immigrant.
- Assets: If the sponsor lacks sufficient income but has significant assets, they can use their assets to supplement the income requirement. The value of assets, such as bank accounts, real estate, and certain investments, can be taken into account to demonstrate financial capability. However, the total value of assets needed to substitute for income is generally significantly higher than the income requirement.
- Joint Sponsor and Household Member Combination: It’s possible to combine the income and assets of multiple sponsors or household members living in the same household to meet the income requirement. This can include the sponsor’s spouse and other adult family members.
- Employment: If the sponsor is currently unemployed or has low income but has a job offer or a potential job lined up, they can include the expected future income in the Affidavit of Support. This option may require additional evidence, such as a job offer letter or contract.
- Repayment Agreement: In some cases, the sponsor and intending immigrant may sign a legally enforceable agreement stating that the sponsor will reimburse the government for any means-tested public benefits that the intending immigrant may receive.
It’s essential to remember that the Affidavit of Support is a legally binding contract, and the sponsor’s financial responsibility to the intending immigrant continues until the immigrant becomes a U.S. citizen, has earned 40 quarters of work (around 10 years of work), dies, or leaves the United States permanently.
If the sponsor is unable to meet the income requirements or explore alternative options, the marriage-based green card application may be denied. To ensure the best possible outcome, it is advisable to consult with an experienced immigration attorney who can assess the specific situation and provide guidance on the most suitable course of action.
Can I use assets to meet the minimum income requirements for a marriage green card application?
Yes, you can use assets to meet the minimum income requirements for a marriage-based green card application (Form I-130, Petition for Alien Relative). If the petitioner (U.S. citizen or permanent resident spouse) does not have enough income to meet the income threshold required for the Affidavit of Support (Form I-864), they can use their assets to supplement their income.
The assets that can be used include cash, real estate, stocks, bonds, and certain other investments. The value of these assets is considered in determining the sponsor’s ability to financially support the intending immigrant and avoid becoming a public charge in the United States.
However, using assets to meet the income requirements has specific rules and limitations. Generally, the total value of assets must be at least three times the difference between the sponsor’s income and the minimum income required to meet the poverty guidelines. For example, if the minimum income requirement is $25,000, and the sponsor’s income is only $20,000, they would need assets worth at least $15,000 (3 x ($25,000 – $20,000)).
Furthermore, not all assets can be used, and some may be subject to certain restrictions. Additionally, the assets must be readily available and free of debt or liens.
When using assets, the sponsor must complete Form I-864A, Contract Between Sponsor and Household Member, and have a household member (age 18 or older) who is living with the sponsor agree to make their assets available for the support of the intending immigrant.
It is essential to carefully review the guidelines and requirements for using assets as part of the Affidavit of Support. Consulting with an immigration attorney can provide invaluable guidance in ensuring that the process is properly executed and that the sponsor meets all necessary obligations to support the intending immigrant’s green card application.
