In certain situations, an intending immigrant’s income can help the sponsor meet the income requirement on Form I-864, Affidavit of Support. If your income is already greater than 125 percent of the federal poverty guidelines for your household size, it’s generally not necessary to add any additional household members’ income. However, other household members (spouse, siblings, parents, adult children, or other dependent) with the same residence as you can contribute.
Demonstrating that the household’s income is sufficiently stronger than the minimum requirement is a positive factor in the totality of the circumstances to overcome the public charge ground of inadmissibility.
RECOMMENDED: Public Charge Rule Explained
Requirements
If additional household members do contribute to the household income, you’ll need to submit the following items for each individual:
- Form I-864A, Contract Between Sponsor and Household Member
- Proof of residency
- Proof of household member’s relationship to you
Mistakes on your Form I-864 Affidavit of Support can cause costly delays or a denial.
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When the household member who will be contributing income is also an intending immigrant, some additional rules may apply.
- You need to submit evidence that his other income will continue from the current source after obtaining lawful permanent resident status.
- The intending immigrant does not need to complete Form I-864A unless he or she has an accompanying spouse or children.
Immigration law (8 CFR § 213a.1) makes it clear that the intending immigrant’s income must come from “lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status.” In other words, the intending immigrant’s income from a U.S. job must come from authorized employment through an employment visa or work performed while authorized through an employment authorization document.