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The Affidavit of Support (Form I-864) purpose is to be a binding contract that U.S. sponsors must submit to show that the immigrant they are sponsoring will not become a public charge, meaning they won’t rely on government assistance. However, not all sponsors can meet the income requirements on their own. In such cases, there are alternative ways for the immigrant to qualify, such as using a joint sponsor, relying on the beneficiary’s own income or assets, or combining the household members’ income. Here’s a breakdown of these alternative methods and what’s required.
Sponsor’s Obligations:
When a sponsor sign Form I-864, they are agreeing to provide financial support to the immigrant and are responsible until the immigrant:
Becomes a U.S. citizen,
Has worked 40 qualifying quarters (about 10 years),
Leaves the U.S. permanently, or
Dies.
It’s essential for the sponsor to understand that this obligation remains even if personal circumstances change, such as divorce from the sponsored immigrant.
Who Needs to File Form I-864?
Form I-864 must be submitted by a sponsor in any of the following cases:
Family-Based Immigrants: Sponsors filing for a relative (such as a spouse, child, parent, or sibling) must file the form to prove financial support.
Employment-Based Immigrants: Some employment-based immigrants will require Form I-864 if their prospective employer is a relative or the relative has a 5% or more ownership stake in the sponsoring company.
Income Requirements
The sponsor must meet certain income requirements to be eligible to submit Form I-864. Typically, the sponsor’s income must be at least 125% of the Federal Poverty Guidelines for their household size. However, active-duty military members sponsoring their spouse or child only need to meet 100% of the Federal Poverty Guidelines.
1. When the Main Sponsor Doesn’t Meet the Income Requirements
For a sponsor to be eligible, their income must typically meet 125% of the Federal Poverty Guidelines for their household size. If the sponsor’s income doesn’t meet this threshold, there are still ways to ensure the immigrant qualifies for support under Form I-864.
Using a Joint Sponsor
If the petitioner’s income alone is insufficient, a joint sponsor can be used. A joint sponsor is an additional individual, typically a family member or friend, who agrees to take on the same financial responsibility as the main sponsor. The joint sponsor must:
Be a U.S. citizen or lawful permanent resident (green card holder).
Meet the same income requirements (125% of the Federal Poverty Guidelines) for their own household size.
Submit a separate I-864 form, agreeing to take financial responsibility for the immigrant in the same way as the primary sponsor.
The joint sponsor's income is not combined with the main sponsor's income; they must independently meet the income threshold for their household size. For example, if the joint sponsor's household includes themselves and two other people, their income must meet the 125% guideline for a household of three.
Household Member’s Income (Form I-864A)
Another alternative is for the sponsor to combine their income with a household member's income. If other people in the household, such as a spouse or parent, have income, they can file Form I-864A (Contract Between Sponsor and Household Member) to pool their income with the main sponsor's. The household member must:
Reside at the same address as the sponsor.
Be willing to commit their income to support the intending immigrant.
2. Using the Beneficiary’s Own Income or Assets
Beneficiary’s Income
In some cases, the intending immigrant’s income can be used to meet the financial support requirements. However, certain conditions must be met:
The income must have been lawfully earned. This means that the immigrant must have been authorized to work in the U.S. by holding a work permit, valid visa, or employment authorization document (EAD). Unauthorized or unlawful work income does not count.
The income must continue from the same source after obtaining lawful permanent residence. For example, if the immigrant has a valid job offer or ongoing employment, their income could count toward meeting the support requirements.
Beneficiary’s Assets
If the sponsor and the immigrant are unable to meet the income requirement through earnings, they can rely on assets to make up the difference. Assets can include:
Cash in savings accounts,
Property (real estate),
Stocks and bonds,
Other investments.
The value of the assets must equal five times the difference between the sponsor’s income and the 125% Federal Poverty Guidelines threshold. For example, if the sponsor’s income falls $10,000 short of the required amount, the assets must be valued at $50,000 to make up for the shortfall. However, for the spouse or child of a U.S. citizen, the assets must only equal three times the difference.
Assets must be liquid or easily convertible to cash within one year. Non-liquid assets, such as property, will require an appraisal or other evidence of value.
Documentation Required for Joint Sponsor or Asset-Based Support
When relying on a joint sponsor, household income, or assets, additional documentation must be submitted to USCIS along with Form I-864, including:
Tax Returns: The most recent tax returns for the sponsor or joint sponsor, as well as the household member if applicable. Providing returns for the past three years can further strengthen the application.
Proof of Income: Pay stubs, employment verification letters, or other evidence of ongoing employment for the joint sponsor or household member.
Asset Documentation: Bank statements, property deeds, investment statements, or appraisals for any assets being used to supplement income.
Exceptions to Filing Form I-864
While most intending immigrants must submit Form I-864 to show they will not become a public charge, there are several important exceptions. These exceptions apply to certain categories of immigrants who can demonstrate either self-sufficiency or special eligibility under U.S. law. Here’s a detailed look at who qualifies for these exceptions and what alternative forms are required.
1. Immigrants with 40 Qualifying Quarters of Work in the U.S.
One major exception applies to immigrants who have earned or can receive credit for 40 qualifying quarters (credits) of work in the United States, (usually 10 years). A quarter is a period of three months within a year during which an individual works and earns sufficient income to qualify for Social Security credits. As of 2023, earning $1,640 in wages or self-employment income qualifies for one quarter.
In addition to their own work, intending immigrants can also receive credit for:
Work performed by their spouse during the marriage, and
Work performed by their parents while the immigrant was under 18 years old.
This allows many immigrants to combine work credits from family members to meet the 40-quarter requirement. To determine if an immigrant meets this threshold, they can check their work credits through the Social Security Administration (SSA).
If the immigrant has the 40 qualifying quarters, they must submit Form I-864W, instead of Form I-864, to claim this exemption.
2. Immigrants Who Automatically Acquire U.S. Citizenship Under INA Section 320 (Child Citizenship Act of 2000)
Another exemption applies to children who will acquire U.S. citizenship automatically upon being admitted to the U.S. under Section 320 of the Immigration and Nationality Act (INA). This provision is part of the Child Citizenship Act of 2000 (CCA), which grants automatic U.S. citizenship to children under 18 years of age if they meet the following conditions:
At least one parent is a U.S. citizen (by birth or naturalization),
The child is a lawful permanent resident (green card holder), and
The child is residing in the U.S. in the legal and physical custody of the U.S. citizen parent.
These children do not need financial sponsorship and are therefore exempt from filing Form I-864. Instead, they file Form I-864W.
3. Self-Petitioning Widows or Widowers with an Approved Form I-360
Widows or widowers of U.S. citizens who have self-petitioned by filing Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) are also exempt from filing Form I-864. To qualify, the widow or widower must:
Have been married to a U.S. citizen,
File the I-360 petition within two years of the spouse’s death,
Not have remarried before filing the I-360 petition.
Once approved, these self-petitioning widows or widowers are not required to provide an Affidavit of Support, as they are seen as financially self-sufficient or may qualify for other forms of public benefits. They must file Form I-864W instead.
4. Self-Petitioning Battered Spouses and Children with an Approved Form I-360
Finally, battered spouses and children who have filed and received approval of Form I-360 under the Violence Against Women Act (VAWA) are also exempt from filing Form I-864. VAWA allows certain spouses, children, and parents of U.S. citizens or lawful permanent residents to self-petition for a green card without the abuser’s knowledge or involvement. This is crucial for ensuring that vulnerable individuals are not forced to rely on their abuser for immigration sponsorship.
Once their I-360 is approved, these self-petitioners are not required to submit an Affidavit of Support and instead file Form I-864W.
Filing Form I-864W: Intending Immigrant’s Affidavit of Support Exemption
For immigrants who qualify for any of these exemptions, Form I-864W (Intending Immigrant’s Affidavit of Support Exemption) must be filed instead of Form I-864. The I-864W confirms that the intending immigrant is exempt from needing a financial sponsor and explains the reason for their exemption.
Conclusion
When sponsors don’t meet the financial requirements for Form I-864, they aren’t out of options. By utilizing joint sponsors, household income, or the intending immigrant’s lawful income or assets, families can still qualify and move forward in the immigration process. Barrera Legal Group has extensive experience helping clients navigate these complex financial requirements, ensuring all necessary documentation is provided to USCIS.