Spousal Visa - Income Requirements
The U.S. government requires a certain level of income (or assets in cases of insufficient income) of the Petitioner for all family-based immigration. Meeting the income requirement demonstrates that new immigrants will not need to rely on public benefits such as Food Stamps or Medicaid.
Have questions about the spousal visa? Let us help. We're preparing to launch our first product to help U.S. citizens and Green Card holders apply for visas for their spouses. For early access, please complete the information below and we will set up a free 15-minute consultation with you.
The Petitioner must complete an Affidavit of Support, Form I-864, to accept the legal responsibility of financially supporting the applicant. The petitioner must meet the following requirements:
- Must be a U.S. Citizen or legal permanent resident (green card holder);
- Must be at least 18 years of age
- Must be domiciled in the United States. [insert definition of how long]
- Definition of Domicile – Place you consider as your permanent residence.
- If your mailing address or place of residence is outside the U.S. but your domicile is the U.S., you must submit evidence that you meet the domicile requirement.
Meeting the Income Requirement
The income requirement varies based on the size of your household. Your household is defined by the number of people who depend on you financially. These dependents may or may not live with you. Once you determine the size of your household, you will find the corresponding income requirement. The Petitioner must show evidence of income that meets or exceeds the dollar amount listed.
NOTE: There may be individuals who fit into more than one category on Form I-864. Be careful not to count them twice.
Counting Household Size
When tallying up your household size, please include the following individuals regardless of where they live:
- Yourself (the Petitioner).
- Your spouse.
- Dependent children under the age of 21.
- Any dependents listed on your most recent Federal income tax return.
- All persons being sponsored on the affidavit of support you are filing.
- All persons you have previously filed Form I-864 or Form I-864EZ for and are still obligated to support.
You may choose to include non-dependent relatives who live with you as part of your household size such as brothers, sisters, parents, or adult children should you need to include their income to meet the income requirement. To be considered, relatives must be at least 18 years of age, live with you, and also sign and submit Form I-864A
|Household Size||125% of Federal Poverty Guidelines|
|For each additional family member:||+$5,225|
*If the Petitioning Sponsor is on active duty in the U.S. Army, Marines, Navy, Air Force, or Coast Guard you will only need to demonstrate income at 100% of the Federal Poverty Guidelines listed at Form I-864P.
Evidence of Sufficient Income
- Copy of IRS Transcript or photocopy of U.S. income tax return for the most recent tax year. In order to establish the ability to maintain sufficient income, you may submit transcripts or photocopies of U.S. income tax return for past 3 years if you believe additional returns may help you. (Let a Boundless Team Member assist you).
- Copies of Form W-2, Form 1099, and all schedules (Schedule C, D, E, F) associated with each tax return submitted.
- A recent official letter (e.g. offer letter) from the employer outlining projected income that exceeds the income requirement.
- Paystubs showing income for previous six months.
- Income from alimony, child support, dividend, interest income, or income from any other source along with supporting evidence.
Frequently Asked Questions
“What if my Petitioner does not meet the income requirements?
Depending on your unique case, there may be other options available to you such as:
- Finding a Joint Sponsor: A Joint Sponsor does not have to be related to you but must meet the same requirements as the Primary Sponsor/Petitioner. The joint sponsor must meet the income requirement on their own and cannot combine income with the Primary Sponsor to meet the income requirement. A Joint Sponsor must also complete and submit a separate Form I-864
- Including Assets: You may include the value of your assets as well as the assets of your spouse and household members. You must provide evidence for assets used to meet income requirements. (Speak with a Boundless Team Member)
Including the income of certain Household Members – Household members must submit Form I-864A, Contract Between Sponsor and Household Member, reside with you and are at least 18 years of age. Please contact a Boundless representative to discuss.
“Can the income of the beneficiary be used to meet income requirements?”
If you are wanting to include the income of the beneficiary to meet income requirements, the beneficiary must provide evidence that income from their current source will continue after obtaining lawful permanent residence in the United States.
HAVE IMMIGRATION QUESTIONS?
Have questions about the spousal visa? Let us help.
We're preparing to launch our first product to help U.S. citizens and Green Card holders apply for visas for their spouses.
For early access, please complete the information below and we will set up a free 15-minute consultation with you.
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