I do not work/ I am retired/I know that my income does not meet the Federal poverty guidelines for my household size; am I still required to file an I-864?
Yes. As the petitioner, you are required to file an I-864 even if you do not work, are currently unemployed or know that your income will not meet the poverty level guidelines for your household size.
I´m on welfare; can I still sponsor my relative?
As the petitioner you are required by law to file an I-864 even if you are currently not earning an income. The welfare benefits you receive can be taken into consideration.
If I require a joint sponsor as I am unable to meet the Federal poverty guidelines, who will be financially responsible for the sponsored immigrant?
The sponsor will remain fully liable, along with the joint sponsor, for any benefits the sponsored immigrant may use.
If I receive housing/other tangible benefits in lieu of a salary, can I count these as income?
Yes. Income that is not subject to taxation, such as a housing allowance if you are a member of the clergy or military personnel may be counted. However, the onus will be on you to prove the nature and amount of any income on which you rely, but is not included as wages/salary or other taxable income.
How can I do this?
Evidence of such income can be shown through notation on the W-2 Wages and Tax Form (such as box 13 for military allowances), Form 1099 or other documents that substantiate the claimed income.
Is it only my income that can be counted?
If your income does not meet the poverty level guidelines for your household size you may include in your calculation the income of anyone who is residing in your household, if they are willing to make their income and/or assets available for the support of the sponsored immigrant(s). By signing the form the household member agrees to be jointly responsible with the sponsor to reimburse the costs of any means-tested public benefits used by the sponsored immigrant(s).
The sponsored immigrant has been offered employment on his or her relocation to the United States; can this be taken into consideration?
While we recognize that the sponsored immigrant may be the main wage earner in the family and on his or her relocation to the United States will have employment, that job offer and salary cannot be counted toward the poverty level guidelines.
If my income does not meet the poverty level guidelines for my household size, do I have to use a household member?
No. If you do not meet the income requirements you make take into consideration your assets, including the assets of the sponsored immigrant.
My income/my income and that of my household member(s) does not meet the poverty level guidelines can I/we count my/our assets?
If your income is not sufficient you may count your personal assets and those assets of the qualifying household members who have signed the I-864. If by using of these sources you meet the poverty level guidelines you need look no further; if not you will require a joint sponsor.
What type of assets can be used?
Any type of assets can be used if they are readily convertible to cash within a year. Liquid assets, such as savings deposits, stocks, bonds and certificates of deposit are best because they would be the most accessible for the support of the sponsored immigrant(s). However, other assets, such as property, may also be acceptable if they can be sold within a year.
Some/all of these assets are outside the United States; is this OK?
Yes. However, the assets must be readily convertible to cash within 12 months and you must be able to demonstrate the ability to take the money or assets out of the country where they are located. Many countries have strict regulations that severely limit the amount of cash or liquid assets an individual may take or send abroad. If you are resident in the United Kingdom, you should visit the Customs´ home page on this website for further information.
What kind of evidence do you require?
You are required to furnish evidence of ownership and the value and location of the assets. In addition you will be required to furnish information on any liens and liabilities relating to these assets. For bank accounts, bank statements for the most recent 12 months, or a letter from the bank stating the data the account was opened, a history of deposits and withdrawals for the past year and the current balance will be required.
You mention property; I own a home in the United Kingdom, which I will sell if my relative is issued an immigrant visa. How can I show you the value of this property?
You may furnish a valuation of your property from an estate agent, together with a mortgage statement from the mortgage company.
I am sponsoring my spouse, the assets which we need to use to meet the poverty level are joint assets; is this OK?
Assets of the intending immigrant may be used.
Can the assets of the intending immigrant be used if he or she is not my spouse?
Assets of the intending immigrant may be used if he or she has been a member of your household for at least six months.
I am sponsoring my spouse for immigration and we will use his or her assets to meet the poverty level guidelines, does he or she need to complete an I-864A?
No, if it is just your spouse who is immigrating, he or she need not complete an I-864A.
My British pension cannot be counted as income, but can it be counted as assets?
Yes, you may take your British pension into consideration when calculating your assets.
Do I just total up my assets and add it to my income?
No. To be counted, the cash value of your assets must be at least five times the difference between your income and the 125% of the poverty line for your household size. Example: Your household size is four and you have an income of $18,000. 125% of the poverty line for your household is $21, 312. Therefore the value of your assets must total at least five times the difference between $18,000 and $21,312, i.e. $3,312 X 5 = $16,560.
Filing the I-864
Income & Assets