Navigating Marriage Green Card Income Requirements for Successful Immigration

Who needs to meet the income requirements in a marriage green card application?

In a marriage-based green card application, the U.S. citizen or permanent resident spouse who is sponsoring their foreign spouse for lawful permanent residency (green card) is typically responsible for meeting the income requirements. The sponsoring spouse submits the Affidavit of Support (Form I-864) to demonstrate their ability to financially support the immigrant spouse. The purpose of meeting the income requirements is to ensure that the immigrant spouse will not become a public charge and will have the necessary financial support while adjusting to life in the United States.

Here’s a breakdown of who needs to meet the income requirements and who is involved in the process:

• Sponsoring Spouse (Petitioner):
  • The U.S. citizen or permanent resident spouse who is petitioning for the immigrant spouse’s green card is responsible for meeting the income requirements.
  • This sponsoring spouse is the primary sponsor and submits Form I-864, the Affidavit of Support.
• Household Size:
  • The income requirements are based on the household size, which includes the sponsoring spouse, the immigrant spouse, and any dependents.
  • Dependent family members, such as children or stepchildren, must be included in the household size calculation.
• Minimum Income Thresholds:
  • The sponsoring spouse’s income must meet or exceed the minimum income threshold based on the household size.
  • The minimum income thresholds are determined by the U.S. Department of Health and Human Services (HHS) and are updated annually.
• Joint Sponsors (If Needed):
  • In some cases, the sponsoring spouse’s income might not meet the minimum requirements alone. In such cases, a joint sponsor can provide additional financial support.
  • A joint sponsor is a U.S. citizen or permanent resident who meets the income requirements and agrees to be financially responsible for the immigrant spouse.
• Joint Sponsor’s Responsibility:
  • The joint sponsor submits a separate Form I-864 and provides documentation of their income, demonstrating that they can support the immigrant spouse.
  • The joint sponsor’s income is used to supplement the sponsoring spouse’s income to meet the required threshold.
• Documentation and Evidence:
  • Both the sponsoring spouse and the joint sponsor (if applicable) must provide evidence of their income, employment, tax returns, and other financial documentation as part of the Affidavit of Support process.

It’s important to note that meeting the income requirements is a crucial aspect of the marriage green card application process. The purpose is to ensure that the immigrant spouse has the financial means to avoid becoming a burden on public assistance programs in the U.S. The sponsoring spouse and, if applicable, the joint sponsor, should carefully review the official USCIS guidelines and requirements for Form I-864 to ensure accurate and complete submission of documentation.

USCIS Poverty Guidelines

USCIS poverty guidelines for 2023 are updated annually and are used to determine the minimum income requirements for various immigration processes, including the Affidavit of Support (Form I-864) for family-based visa applications.

The current USCIS poverty guidelines are provided below. However, to find the most up-to-date USCIS poverty guidelines for 2023, we recommend visiting the official U.S. Citizenship and Immigration Services (USCIS) website or the U.S. Department of Health and Human Services (HHS) website. These websites typically provide the latest poverty guideline figures for different household sizes and sponsorship situations.

For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands:

For Alaska

For Hawaii:

What documents must be submitted to prove the minimum income for marriage green card applications?

When applying for a marriage-based green card (adjustment of status) in the United States, you are required to submit documentation to prove that the sponsoring spouse meets the minimum income requirements. The sponsoring spouse is the U.S. citizen or permanent resident who is petitioning for the immigrant spouse’s green card and is responsible for financially supporting them. Here are the key documents that are typically submitted to prove the sponsoring spouse’s income:

• Form I-864, Affidavit of Support:
  • This is the primary form used to demonstrate the sponsoring spouse’s ability to financially support the immigrant spouse.
  • The form includes information about the sponsoring spouse’s income, household size, and other financial details.
• Proof of U.S. Citizenship or Permanent Residency:
  • Provide evidence of the sponsoring spouse’s U.S. citizenship or permanent residency, as applicable.
• Proof of Income:
  • Recent tax returns (IRS Form 1040) for the past three years, including all schedules and attachments. This is one of the most critical pieces of evidence.
  • W-2 forms or 1099 forms for the most recent tax year.
  • Recent pay stubs or other documentation from the employer showing year-to-date income.
  • If self-employed, provide business tax returns (Form 1065 or Schedule C) and any relevant business financial statements.
  • If unemployed or retired, provide documentation of any alternative sources of income or financial support.
• Employment Verification Letter:
  • A letter from the sponsoring spouse’s employer on company letterhead, confirming employment, job title, salary, and start date. The letter should be signed by an authorized representative of the company.
• Proof of Assets (if applicable):
  • Bank statements, investment account statements, and documentation of assets that can be easily converted into cash if needed.
  • Property deeds, titles, or other evidence of property ownership.
• Proof of Social Security or Pension Benefits (if applicable):
  • Documentation of Social Security benefits, retirement benefits, pension payments, disability benefits, etc.
• Additional Evidence:
  • If applicable, provide evidence of any other sources of income, such as alimony, child support, or other forms of financial support.
• Form I-864A (Contract Between Sponsor and Household Member) – if needed:
  • If another household member is using their income to help meet the minimum income requirements, they will need to submit Form I-864A along with their own financial documentation.

It’s important to provide accurate and complete information on all forms and documents. USCIS reviews the information carefully to ensure that the sponsoring spouse meets the income requirements to prevent the immigrant spouse from becoming a public charge. Always refer to the most up-to-date USCIS guidelines and instructions for the Affidavit of Support (Form I-864) to ensure you are submitting the correct documents. If you have any doubts or concerns, consider seeking advice from an immigration attorney or accredited immigration service provider.