If you’re immigrating to the United States through family, or through a job where your own relatives submitted the visa petition
or own at least 5% of the petitioning company, then your petitioner will also have to show that he or she is willing and able to act as your financial sponsor. The purpose is to prove that you are not inadmissible as a potential public charge (you won’t require public financial assistance).
The requirements are quite strict. Whichever family member signed your visa petition (to start your immigration process) will also need to submit a lengthy document called an Affidavit of Support on USCIS Form I-864, which lays out how much income and assets the person has. If the amount isn’t enough under the U.S. Poverty Guidelines, the immigrant will need to show proof of his or her own assets, or have additional U.S. citizens or green card holders agree to serve as sponsors.
How the U.S. Poverty Guidelines Control Support Requirements
The Affidavit of Support on Form I-864 basically promises that your family petitioner will pay your living expenses so that you, the immigrant, do not have to rely on assistance from an government agency within the U.S. (whether state, federal, or other). Your family member must show that he or she earns (or has saleable assets worth) at least 125% of the income needed to support his or her own family as well as you, the immigrant, plus your spouse and children if they’re immigrating with you.
Exactly how much income is needed to support a certain size family is computed every year by the federal government and published in a document called the Poverty Guidelines. This can be found on USCIS Form I-864P, available at www.uscis.gov.
If, for example, you’re marrying a U.S. citizen, and there will be two of you living in your house, then your household size is “2.” Look on the appropriate row of Form I-864-P to find out the minimum amount that your U.S. citizen will need to show in earnings to overcome the public charge ground of inadmissibility in your case.
You’ll need to meet the guidelines for the year in which your Affidavit of Support is filed, even if the required income levels get raised or changed later. Such raises won’t affect your application.
A Few People Can Completely Avoid Filling Out Form I-864
Even among people who would ordinarily have to fill out a Form I-864, various exceptions apply.
First, if the immigrating person has already worked legally in the U.S. for a total of 40 “quarters” (as defined by the Social Security Administration – it’s about ten years), no I-864 needs to be submitted. In fact, in an interesting twist, immigrants can be credited with work done by their U.S. citizen spouse while they were married.
So if you are adjusting status in the U.S. based on marriage, and your U.S. citizen spouse worked 40 quarters in the U.S. during your marriage, the support obligation is taken care of. Your spouse need not fill out Form I-864, but should instead fill out Form I-864W, explaining that he or she falls within an exception. Of course, it’s very rare for a married couple to have gone so many years (approximately ten) living in the United States legally without applying for a green card for the immigrant. Nevertheless, for those to whom this exception applies, it’s highly useful.
The second major exception is that if the immigrant beneficiary is a child who will become a U.S. citizen immediately upon approval or entry to the U.S. for a green card, no I-864 needs to be submitted for the child. Once again, however, the petitioner should submit a Form I-864W to explain the situation.
Other family-based green card applicants who don’t need to fill out Form I-864, and should instead fill out an I-864W, include self-petitioning widows or widowers of U.S. citizens and self-petitioning battered spouses or children.
Using Assets to Supplement Sponsor’s Income
If the sponsor’s income isn’t high enough by itself to meet the Poverty Guidelines requirements, personal assets of the sponsor or the immigrant (or even the sponsor’s household members) may also be used to supplement the sponsor’s income. For example, you could list such assets as property, bank account deposits, and personal property such as automobiles or jewelry. The assets must be readily convertible to cash (for example, by selling them) within one year.
You don’t get to count the assets at their full cash value, however. In most cases, you must divide the value of the assets by five; or by three if the applicant is an immediate relative, for example the husband, wife, or parent of a U.S. citizen.