One of the most important forms that the U.S. government requires as part of getting a family-based green card is the Form I-864, Affidavit of Support. Its purpose is for the U.S. citizen or green card holder who is petitioning for immigrating family members to help demonstrate that the immigrant won't need to rely on government financial assistance, technically known as becoming a "public charge"; specifically because the petitioner will provide backup.
It's literally a contract with the U.S. government, in which the petitioner promises to support the immigrant for up to approximately ten years.
Such a major commitment naturally leads to questions.
I'm a U.S. citizen petitioner, and my income is just above the Poverty Guidelines required amount, though I recently got a better job. Can I do anything to make sure USCIS approves my Affidavit of Support without issue?
All too often, when a petitioner's income is only just above the Poverty Guidelines level, USCIS kicks the form back for more information. USCIS screening officers do not always look carefully at the current income, so they might issue a "Request for Evidence" (RFE) based on inadequate income amount shown on the tax return, or because they notice other financial issues at play.
There are steps you can take to avoid such complications, basically by submitting extra documentation. For example, as USCIS details in its instructions to the I-864, you might want to submit a recent letter from your employer, stating your its contact information and your annual salary, as well as pay stubs showing your income for the last six months and evidence of any alimony, child support, dividend or interest income, or other income you receive from some other source.
In addition, you might wish to add a cover letter explaining the situation and stating your current income and why it meets the Poverty Guidelines level. If you need help, see an experienced immigration attorney.
I'm a U.S. citizen, petitioning for my wife and her young son, and filling out Form I-864. I have my own business, but in the last few years it hasn't earned enough to meet the minimum amount I need for three of us under the Poverty Guidelines. My wife, however, owns a house in her home country, which she plans to rent out rather than sell. She has paid off the mortgage loan. Can we count that toward the minimum?
Overseas assets owned by the intending immigrant can be used to meet the Poverty Guidelines minimum support requirements. However, there are some conditions, and you will need to gather documents showing that you meet them, to include with the I-864.
For starters, your wife will need to show that she in fact owns the property, as well as when she acquired it and where it's located. A copy of the title deed or other ownership papers should take care of this. It's good that she doesn't owe money on the loan, and you should supply proof of this, such as a statement or letter from the lender indicating the loan was paid off.
The next requirement is that the house be convertible into cash (sold) within 12 months, and not at a loss. Get a statement from a local expert, such as an appraiser or real estate agent, containing assurances that it will actually sell.
Then comes the matter of whether the cash such a sale would yield can be transferred to the United States. Many countries' currency controls forbid or limit such transfers. In an iffy situation, be ready to provide evidence that the transfer can be brought about.
A final note: Although we've described the general rule here, some consulates have been known to refuse to include real estate in the support calculation. Check with an attorney, or get in touch with the consulate where your wife's immigrant visa interview will be held, for more information.
I'm a U.S. citizen, sponsoring my wife for a green card. Form I-864 asks for current income. My income is moderate and irregular, from freelancing. I'm also getting unemployment checks. And I own a house, so I will be able to fill some of the gaps with assets. But my main question now is, do the unemployment checks count, or is that a strike against me?
Good news: Although some sources of money related to unemployment cannot be counted toward income for purposes of Form I-864 (such as food stamps, SSI, Medicaid, and TANF), unemployment benefits are in a different category. They are basically insurance payments, which you are allowed to collect upon based on your employer having paid into a federal/state unemployment system earlier. How long you will remain eligible for the unemployment benefits is an issue to look into, however. U.S. immigration authorities may consider this in assessing your ability to maintain the necessary income levels over time.
If you are also receiving any retirement benefits, worker's compensation payments, or other benefits that are similarly considered "taxable income" by the IRS, you can count these toward meeting the 125% of Poverty Guidelines levels required in order to serve as an immigrant's financial sponsor. (This comes from 71 Federal Register 35731.)
In fact, you might be surprised at some of the non-taxable sources of income that can be used to meet the support requirement, including life insurance proceeds, social security disability income (SSDI), child support payments, and legal settlement proceeds. The key is that these are not based on financial need.
I am a U.S. citizen, hoping to sponsor my parents for U.S. green cards. They are retired, and coming to the U.S. from China. I work doing childcare at a nonprofit, earning $23,000 a year. This is too low to sponsor my parents—I need about $5,000 per year more. I'm willing to look for another job, but do I really have to? What about the fact that I own a condo, which is approximately half paid for?
You are wise to look into whether your assets can make up the apparent shortfall between your income and the amount required to sponsor immigrants at 125% of the U.S. Poverty Guidelines (as shown on USCIS Form I-864P). Proving ownership of assets can be a convenient way to make up the difference without having to look for additional sponsors.
When petitioning for parents (or other family members besides spouses or children), you would need to make up any shortfall by counting assets at one-fifth their value after subtracting out your debt. (U.S. citizen sponsors of spouses or children need to divide the value by only three.) Another way of saying this is that you need to have assets worth five times the gap between your income and the required Poverty Guidelines minimum amount.
So, for example, let's say you bought your condo for $300,000 and owe $150,000 on it. Assuming it hasn't changed in value, you could count your assets as $150,000 divided by 5, or $30,000. That would be more than enough to meet your $5,000 gap.
In case your condo has gone up or down in value, USCIS might require you to pay a professional, licensed appraiser to provide a written report on your house's current value. Some applicants have, however, found that U.S. immigration authorities will accept other evidence of the home's value, such as estimates from Zillow. You could also supply evidence of your condo's assessed value from your local tax authority, but this could be lower than the actual, current value of your place.
You will also need to provide proof of ownership and a copy of your latest mortgage statement, to show how much you owe on the house.
U.S. immigration authorities will also need to be convinced that your condo will likely sell (be converted to cash) within one year. This will typically not be a problem unless, for example, they discover evidence that the condos around you are not selling and/or many are in foreclosure.
Don't forget that your parents' assets can be counted in this analysis, too. If they have any savings or investments, this could tip the balance in your favor. On the other hand, if your parents will not be working and have health issues, this could lead the U.S. government to demand extra proof of family resources.
For more information, see articles on The U.S. Sponsor's Financial Responsibilities.
I'm a college senior, and my Estonian girlfriend and I plan to marry soon and apply for her green card. She is in the U.S. on a student visa. I see from Form I-864, however, that I'm supposed to have an income that covers the two of us. As a student, I haven't got any income. Fortunately, my parents have offered to send us regular gifts of cash before we find jobs. Can I count this cash as income on Form I-864?
Unfortunately, there is no provision on Form I-864 to count regular gifts as income. The next best possibility is if your parents can make you a large lump-sum gift of cash now, and you can put it in a bank account in your name and claim it as an asset. Ownership of assets can help make up for a shortfall in income for purposes of Form I-864.
You won't be allowed to count the entire amount, however. When petitioning for a spouse (or child), the U.S. sponsor must count the assets at one-third their value. (U.S. citizen sponsors of family members other than spouses or children need to divide the assets' value by five.)
So, for example, if your parents gave you $36,000, you'd get to count $12,000 toward your sponsorship responsibilities, which would still not be enough for two people, according to the Poverty Guidelines levels listed on Form I-864P.
Consulting an attorney might be a good idea. With some strategizing around timing, you might be able to manage things so that both you and your new wife are working by the time her green card interview comes around (usually at least a few months after you turn in the Adjustment of Status application forms). She could thus be approved at that point without having to find additional sponsors.
Also see Strategies When an Immigrant's Sponsor's Income and Assets Are Too Low.
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