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What’s the Minimum Income Required to Sponsor an Immigrant in the U.S.?

One of the various misguided arguments against immigration is the “public charge” rhetoric about foreigners becoming primarily dependent on welfare or other economic benefits provided by the United States government. The “public charge” term comes from Title 8 of the Federal Code, which details various factors of inadmissibility. While it mostly applies to family-based immigration, San Diego residents should understand it can also extend to employment-based immigration in some cases. U.S. Citizenship and Immigration Services (USCIS) addresses the public charge issue through Form I-864, Affidavit of Support, which should be filed by sponsors whose annual income is at least $22,287 in most cases.

Understanding USCIS Form I-864

When foreigners request visas to enter the U.S., their net worth and financial status are evaluated by adjudicators. Visa applications can be rejected if foreigners don’t have the financial means to generate at least 125 percent of the federal poverty guidelines published by the Department of Health and Human Services (HHS). This would make them inadmissible according to Title 8 of the U.S. Code. Some exceptions to this rule include asylum petitions and applications for protected refugee status.

If visa applicants don’t make the HHS 125 percent financial cut, their immigration paperwork must include Form I-864s filed by their sponsors. The person signing the Affidavit of Support must have a household income of at least $22,887 if he or she has one dependent. Filing this form implies the sponsor has the means to provide financial support for the visa applicant, thus avoiding a determination of inadmissibility. In other words, the foreigner is allowed to enter the U.S. because there’s a sponsor who would at least provide meals and a place to stay, thus preventing a public charge situation.

Minimum Income Levels in Form I-864

The $22,887 annual income is for sponsors who live in two-member households in the 48 continental states, Puerto Rico, and American territories overseas. This minimum income increases according to the size of the household—for example, $28,787 for a family of three, $34,687 for a family of four, and $40,587 for a family of five.

In Alaska and Hawaii, two states where the cost of living is higher, the minimum incomes are, respectively, $28,612 and $26,325. Things are different when sponsors are active duty members of the U.S. Armed Forces. Their minimum incomes start at $18,310 if they’re stationed in the continental U.S. (CONUS), but they increase to $22,890 if their base is in Alaska, and $21,060 if they live in Hawaii.

Adding Joint Sponsors to the Affidavit of Support

In situations when the petitioner, who’s assumed to be the main sponsor, doesn’t generate sufficient income to meet the I-864 requirement, joint sponsors can be added to the affidavit. Let’s say you make $25,000 per year but live with two dependents in California. This wouldn’t be enough to meet the $28,787 minimum income, but you can add joint sponsors to make up the difference, and they don’t have to live with you or even be related to the foreigner applying for USCIS benefits. Joint sponsors can be added to employment-based petitions under some circumstances typically handled by immigration law firms.

If you would like more information about sponsoring an immigrant or you need the services of reliable, trustworthy immigration lawyers in San Diego, CA, reach out to KS Visa Law today. Call today to schedule an appointment.

February 2025
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