How to Meet I-864 Income Requirements

Annual Income Requirement by HHS Poverty Guidelines

So, how much income do you need? The minimum income requirement is based on the Federal Poverty Guidelines published annually by the Department of Health and Human Services (HHS). For most sponsors, your annual income must be at least 125% of the federal poverty line for your household size.

There’s a key exception: If you are on active duty in the U.S. Armed Forces and are sponsoring your spouse or unmarried children, you only need to show an income of 100% of the poverty level.

These HHS poverty guidelines change every year, so always check the latest version of Form I-864P. For example, for 2024, here’s a simplified look at the 125% threshold:

• Household Size of 2: $25,550
• Household Size of 3: $32,375
• Household Size of 4: $39,200
• Household Size of 5: $46,025

Who Counts as a Household Member?

Immigration services require you to count several people to determine your sponsor’s household size:

1. You (the sponsor).
2. The intending immigrant (the principal applicant).
3. Any derivative family members immigrating with the principal applicant (e.g., their spouse and children).
4. Your spouse, if you are married.
5. All of your children under 21 (unless they have reached majority under the Child Citizenship Act and are not dependents).
6. Anyone else you claim as a dependent on your most recent tax return.
7. Any other immigrants you previously sponsored with an 864 Affidavit of Support, for whom your obligation has not ended.

Let’s look at an example. You are a U.S. citizen sponsoring your spouse. You have one child together. You also previously sponsored your brother, who is now one of the lawful permanent residents you support.

Your household size is 4:

• You (1)
• Your spouse (the intending immigrant) (1)
• Your child (1)
• Your brother (whom you still support) (1)

Based on the 2024 poverty guidelines, you would need an annual income of at least $39,200.

What Counts as Your Current Income?

The most common is your salary, which you prove with documents like pay stubs, a letter from your employer, and your most recent federal tax return.

But what if you’re a self-employed sponsor or have other sources of income? USCIS will consider the total income reported on your tax return. This includes:

• Wages and salaries
• Retirement benefits
• Alimony and child support
• Dividends and interest
• Other financial resources that are taxable

Non-taxable income, like a housing allowance for members of the clergy or military, can also count. However, you must provide proof that this income is non-taxable. Remember, Supplemental Security Income (SSI) does not count toward the minimum income level.

The National Visa Center (NVC) and USCIS primarily look at the total income line on your latest tax return. If your income has increased since you filed, you need to provide strong supporting documentation to prove your projected income for the current year.

Income Requirement with a Combined Household Income

A household member who can contribute their income must be:

• Your spouse.
• A relative (parent, adult child, or sibling) who lives in your sponsor’s household.
• The intended immigrant themselves.

The intended immigrant’s income can be used only if it will continue from the same source after they obtain permanent resident status. For example, if they are already working legally in the U.S. and will keep their job, that income can be counted toward the income limit.

• Savings accounts and checking accounts
• Stocks and bonds
• The net value of real estate (the appraised value minus any mortgages or liens)

Let’s say the income requirement for your household size is $32,375, but your actual household income is only $28,000. The shortfall is $4,375.

If you are sponsoring your spouse, you would need assets with a cash value of at least $13,125 ($4,375 x 3). If you are sponsoring a parent, you would need assets worth $21,875 ($4,375 x 5). You must provide supporting documents like bank statements, property appraisals, and account records.

Using Assets to Meet the Financial Requirements

The rule here is: The total net value of your assets must be at least five times the difference between your income and the required minimum. If you are sponsoring a spouse or minor child of a U.S. citizen, the rule is more lenient: the assets only need to be three times the difference between the sponsor’s and the sponsored person’s income.

Assets must be “liquid,” meaning they can be converted to cash within one year without causing considerable hardship. Examples include:

• Savings accounts and checking accounts
• Stocks and bonds
• The net value of real estate (the appraised value minus any mortgages or liens)

Let’s say the income requirement for your household size is $32,375, but your actual household income is only $28,000. The shortfall is $4,375.

If you are sponsoring your spouse, you would need assets with a cash value of at least $13,125 ($4,375 x 3). If you are sponsoring a parent, you would need assets worth $21,875 ($4,375 x 5). You must provide supporting documents like bank statements, property appraisals, and account records.

Final Thoughts

Navigating the Form I-864 and its income requirement is a detailed process that demands careful attention. The U.S. government, through the Immigration and Nationality Act and regulations from the Human Services, wants to ensure that new permanent residents won’t become a public charge.

Don’t let the numbers intimidate you. With the right information and preparation, you can confidently demonstrate your ability to financially sponsor your loved one and clear one of the most significant hurdles on the path to their permanent resident status.

Get Help from Colavecchio & Colavecchio Law Office

Need help with your Affidavit of Support? The rules surrounding the Immigration Law are complex. Colavecchio & Colavecchio Law Office can review your financial situation, ensure your support forms are filed correctly, and help you build the strongest case possible.

Contact Colavecchio & Colavecchio Law today for a consultation.

Frequently Asked Questions