If you are getting ready to apply for adjustment of status or a green card, you should be aware of Form I-864 (Affidavit of Support Under Section 213A of the INA). The USCIS requires that you submit Form I-864 along with your Application to Register Permanent Residence or Adjust Status (Form I-485).
The purpose of Form I-864 is to establish that the intending immigrant has adequate financial support and is not likely to become a public charge. This affidavit serves as a contract between the sponsor and the U.S. government. The sponsor is asked questions relating to income and assets- and must demonstrate that the intending immigrant will be supported financially.
The sponsor’s income and/or assets must equal at least 125 percent of the current Federal Poverty Guidelines. If the sponsor is on active duty in the U.S. armed forces, his/her income and/or assets must equal at least 100 percent of the current Federal Poverty Guidelines. (Check out Form I-864P on the USCIS website for the most up-to-date information on the Federal Poverty Guidelines).
The examples below may help you figure out the income requirement for your household size. Refer to the image of I-864P (2022 HHS Poverty Guidelines for Affidavit of Support) which is on this page.
Example A: If your household is made up of 2 people and you are not on active duty in the U.S. armed forces, your income and/or assets must equal at least 125 percent of the current Federal Poverty Guidelines. Based on the guidelines which became effective on March 1, 2022, the sponsor’s income and/or assets must equal $22,887.
Example B: If your household is made up of 5 people and you are on active duty in the U.S. armed forces, your income and/or assets must equal at least 100 percent of the current Federal Poverty Guidelines. Based on the guidelines which became effective on March 1, 2022, the sponsor’s income and/or assets must equal $32,470.
Form I-864 is to be completed by the US citizen spouse (sponsor) even if he/she US does not meet the income requirement. If the sponsor’s income alone is not sufficient to meet the income requirement for the household size, the beneficiary spouse will not be eligible for adjustment of status, unless the requirement can be met using any combination of the following:
- Income from the Sponsor’s Relatives or Dependents (The relative or dependent will have to complete and sign Form I-864A (Contract Between Sponsor and Household Member))
- Income from the Beneficiary Spouse (The beneficiary spouse does not need to complete Form I-864A (Contract Between Sponsor and Household Member), unless children are immigrating with him or her).
- Assets (The value of the sponsor’s assets, the assets of any household member who completes and signs Form I-864A, or the assets of the beneficiary spouse can be used)
- Income from a Joint Sponsor (The joint sponsor will have to complete and sign a separate Form I-864 (Affidavit of Support Under Section 213A of the INA)
You may refer to the book, How to Apply for A Green Card After Marriage to An American: A Step-By-Step Guide to Adjusting Your Status in the USA, for step-by-step instructions on completing Form I-864 and additional details that may apply to you.
