I-864 Affidavit of Support
In order to petition for an immigrant to become a US permanent resident (green card holder), the petitioner must show the ability to support the person financially. The US government is concerned with the possibility that the intending immigrant might become reliant on government welfare.
The I-864 Affidavit of Support (or its equivalent, I-864EZ, which is used by petitioners sponsoring only one person on Form I-130 and using only salary or pension income) is a promise to reimburse the government for financial assistance it might provide to the intending immigrant. Generally, this obligation continues until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.
The sponsor must meet at least 125% of the US government’s Poverty Guidelines, per the I-864p. In order to determine the minimum income requirement for your affidavit, you must refer to your household size (which includes the intending immigrant(s)) and its correlating income requirement. As of 03/01/2013, California residents must demonstrate the following:
If the sponsor’s household size is:
- 2, then you must demonstrate an income of at least $19,387;
- 3, then $24,412;
- 4, then $29,437;
- 5, then $34,462;
- 6, then $39,487;
- 7, then $44,512;
- 8, then $49,537;
- 9 and above, then add $5,025 for each additional person.
The petitioner’s assets may be used in order to meet the 125% Federal poverty guideline if the petitioner’s income is insufficient on its own. If the sponsor is a US citizen spouse, the assets will be divided by 3 and if the sponsor is a US permanent resident spouse, the assets will be divided by 5.
There are other ways in which the sponsor can meet the 125% Federal poverty guideline, including using assets (such as the balance of bank accounts, equity in real estate, value of stocks, bonds, and certificates of deposits), a household member’s income or assets, the intending immigrant’s assets, and a joint sponsor.
*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact us for a consultation. Carson & Kyung, Sacramento’s Immigration Attorneys on the I-864 Affidavit of Support. Image courtesy of jscreationzs/FreeDigitalPhotos.net