USCIS Form I-864: Income Rules for Family Immigration

USCIS Form I-864, the Affidavit of Support, is key in family-based immigration, ensuring a sponsor has the financial means to support the intending immigrant’s journey to U.S. permanent residence. This form serves as a legally enforceable commitment that the sponsor will support the family member if necessary. We explain USCIS Form I-864 income requirements here.

Income Requirements for the I-864 Affidavit of Support: A Detailed Examination

The income requirements for this affidavit are outlined in USCIS Form I-864P, which details necessary income levels based on the sponsor’s household size. These requirements are updated annually, so it’s essential to refer to the latest I-864P form. For sponsors who are not active duty U.S. armed forces members, they must meet 125% of the Health and Human Services (HHS) Poverty Guidelines.

Calculating Household Size for Form I-864

• Yourself (the sponsor)
• Any dependents
• Any relatives living with you
• The immigrant(s) you are sponsoring

For instance, if you have a spouse, three children, and are sponsoring a parent, your household size would be six.

What If a Sponsor Cannot Meet the Income Requirements?

If a sponsor’s income does not meet the necessary threshold, there are several options:

1. Asset Evaluation: Sponsors can use the cash value of their assets (savings, stocks, bonds, property) to supplement their income. Typically, the assets must amount to five times the difference between the sponsor’s income and the required income level, except for sponsors of spouses or children, where the requirement is three times the difference.
2. Using a Co-Sponsor: Another financially eligible individual can become a joint sponsor. They must independently meet the 125% income requirement and agree to accept legal responsibility for supporting the family member alongside the primary sponsor.

Understanding these components can smooth the path to successfully sponsoring a family member for U.S. permanent residence. It’s advisable to consult the latest guidelines or seek legal advice to ensure compliance with all requirements.

Conclusion

Understanding USCIS Form I-864 income requirements is key for a smooth family-based immigration process. By understanding household size calculations and alternative options, sponsors can ensure compliance and confidently support their family members in pursuing US permanent residence.

Citations

• USCIS: Affidavit of Support
• USCIS: I-864 Affidavit of Support
• USCIS: I-864P Poverty Guidelines

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