Marriage Green Card Income Requirements
When applying for a marriage-based green card (permanent residency) in the United States, the income requirements are generally related to the Affidavit of Support, which is submitted by the sponsoring spouse. The Affidavit of Support is a legal contract that ensures the intending immigrant has financial support and won’t become a public charge.
The income requirements for the Affidavit of Support depend on the poverty guidelines set by the U.S. government. These guidelines are updated annually by the U.S. Department of Health and Human Services. The sponsoring spouse (U.S. citizen or green card holder) must have income or assets that meet or exceed 125% of the poverty guidelines for the household size, including the intending immigrant.
However, keep in mind that specific income requirements can vary based on factors such as the sponsoring spouse’s status (U.S. citizen vs. green card holder), the number of dependents in the household, and the state where the sponsoring spouse resides. If the sponsoring spouse’s income falls below the required level, they might be able to use assets or co-sponsorship from a family member who meets the income requirements.
It’s important to consult the most recent poverty guidelines and the official U.S. Citizenship and Immigration Services (USCIS) website for the most up-to-date information on income requirements for the Affidavit of Support. The guidelines and requirements can change over time, and USCIS provides detailed instructions and forms to help sponsors meet these requirements accurately. If you’re unsure about meeting the income requirements, consider seeking advice from an immigration attorney or a legal expert who can provide tailored guidance based on your specific situation.
What to do if my petitioner doesn’t meet the marriage green card income requirements?
If your petitioner (the U.S. citizen or green card holder spouse) doesn’t meet the income requirements for the Affidavit of Support when applying for a marriage-based green card, there are several options to consider:
- Use Assets: In addition to income, certain assets can be considered to meet the financial requirement. Assets such as property, savings, and investments can be evaluated to determine their value and whether they meet the required threshold. Typically, the value of the assets needs to be at least three times the difference between the sponsor’s income and the required income.
- Joint Sponsor: If the petitioner’s income or assets are insufficient, you might be able to use a joint sponsor who meets the income requirements. A joint sponsor is a U.S. citizen or green card holder who agrees to financially support you as well. This person would need to submit a separate Affidavit of Support demonstrating their ability to meet the required income level.
- Household Members: Certain household members of the sponsoring spouse can combine their income to meet the requirement. This can include the income of the sponsor’s spouse, children, or other dependents, if they live with the sponsor and their income is being used to support the intending immigrant.
- Co-Sponsorship: If you are applying for a marriage-based green card for a spouse, the co-sponsor can be the spouse’s parent, adult son, or adult daughter. The co-sponsor would need to meet the income requirements for their own household size, in addition to the petitioner’s household.
- Additional Evidence: If the sponsor has a history of consistent employment, a stable job with long-term prospects, or other evidence that indicates financial stability, this could be considered when evaluating their ability to support you.
It’s important to note that the requirements and options can vary based on the specific situation and immigration policies. It’s recommended to consult the official U.S. Citizenship and Immigration Services (USCIS) website for the most up-to-date information on income requirements and alternatives if the petitioner doesn’t meet the financial criteria. Additionally, seeking advice from an immigration attorney can help you navigate the process and choose the best course of action based on your circumstances.
Documents for marriage green card Affidavit of Support
When preparing the Affidavit of Support (Form I-864) for a marriage-based green card application, there are several documents and pieces of information you’ll need to provide to demonstrate your financial ability to support the intending immigrant. Here’s a general list of documents and information commonly required for the Affidavit of Support: https://bwea.com/marriage-green-card-income-requirements/
- Form I-864, Affidavit of Support: The primary form that you need to fill out and sign. Make sure you use the most current version of the form available on the U.S. Citizenship and Immigration Services (USCIS) website.
- Proof of U.S. Citizenship or Green Card: Provide copies of your U.S. passport, Certificate of Naturalization, Certificate of Citizenship, or green card (front and back).
- Federal Income Tax Returns: You’ll typically need to provide copies of your federal income tax returns (Form 1040) for the most recent three years. This demonstrates your financial history and ability to support the intending immigrant.
- W-2 Forms: Include copies of your W-2 forms from your employer(s) for the past three years. These documents provide additional evidence of your income.
- Form 1099: If applicable, include copies of Form 1099 that report income from self-employment or other sources.
- Pay Stubs: Provide your most recent pay stubs (usually the past six months) as evidence of your current income.
- Employment Verification Letter: A letter from your employer(s) confirming your current employment, position, salary, and the duration of your employment.
- Proof of Assets: If using assets to meet the financial requirement, provide documentation of the value of your assets. This can include bank statements, property appraisals, or other relevant documents.
- IRS Tax Transcripts: In some cases, USCIS might request official IRS tax transcripts to verify your tax information. You can request these transcripts directly from the IRS.
- Proof of Non-Filing: If you were not required to file taxes due to low income, provide an explanation and any supporting documentation.
- Proof of Social Security or Retirement Benefits: If you receive Social Security benefits, retirement benefits, or other sources of income, provide documentation.
- Marriage Certificate: A copy of your marriage certificate to prove the validity of your marriage.
- Divorce or Death Certificates (if applicable): If you or your spouse were previously married, provide documents showing the termination of those marriages.
- Proof of Relationship to Intending Immigrant: Evidence of your relationship with the intending immigrant, such as marriage certificate, joint bank account statements, photographs together, etc.
Remember that specific requirements can vary based on your individual circumstances and immigration policies. Carefully follow the USCIS instructions for Form I-864 and provide accurate and complete information to avoid delays in processing. If you’re unsure about any aspect of the Affidavit of Support, consider seeking advice from an immigration attorney for personalized guidance.
