How Much Income Should I Have To Sponsor My Parents?

Sponsoring your parents to immigrate to the U.S. is a significant commitment, and understanding the income requirements is crucial; income-partners.net is designed to provide you with comprehensive information on this process. The required income level is determined by U.S. Citizenship and Immigration Services (USCIS) based on the poverty guidelines and your household size, ensuring your ability to support your parents financially. By familiarizing yourself with these guidelines and exploring available resources, you can confidently navigate the sponsorship process and help your parents achieve their dream of living in the United States, while also improving your earnings potential, building strong relationships, and growing income together.

Table of Contents

Who Needs to Submit an Affidavit of Support?
Responsibilities as a Sponsor
Penalties for Falsifying an Affidavit
When is an Affidavit of Support Not Required?
Affidavit of Support for Fiancé(e), Spouse, or Child as a “K” Nonimmigrant
Who Can Be a Sponsor for an Affidavit of Support?
What is a Joint Sponsor?
What is a Substitute Sponsor?
How to File an Affidavit of Support
What Are the Income Requirements?
What if You Can’t Meet the Minimum Income Requirements?
Understanding Income Deeming and Reimbursement
Change of Address Requirements
Frequently Asked Questions (FAQ)
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1. Who Needs to Submit an Affidavit of Support?

Do you know who is required to submit Form I-864, Affidavit of Support?

The following individuals are legally obligated to submit Form I-864, Affidavit of Support to secure an immigrant visa or adjustment of status:

Immediate Relatives of U.S. Citizens: This includes parents, spouses, and unmarried children under 21, including orphans.
Family-Based Preference Relatives: This covers various categories, each with specific qualifications:
- First Preference: Unmarried adult sons and daughters of U.S. citizens (21 years or older).
- Second Preference: Spouses and unmarried children (regardless of age) of permanent residents, and their unmarried children.
- Third Preference: Married sons and daughters of U.S. citizens, their spouses, and their unmarried minor children.
- Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses, and their unmarried minor children.
Employment-Based Preference Immigrants: This applies only if a U.S. citizen or permanent resident relative filed the immigrant visa petition or holds a significant ownership interest (5% or more) in the entity that filed the petition.

Note: Individuals in the above categories may be exempt if they can demonstrate that they:

Have worked or can be credited with 40 qualifying quarters as defined in Title II of the Social Security Act.
Are the child of a U.S. citizen and, if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship under Section 320 of the Immigration and Nationality Act.

2. Responsibilities as a Sponsor

What are your responsibilities when you sign an affidavit of support?

When you sign the affidavit of support, you commit to financially supporting the sponsored immigrant(s) until they become U.S. citizens or have worked for 40 qualifying quarters. According to legal experts at income-partners.net, your sponsorship obligation ends if:

You or the sponsored individual dies.
The sponsored individual ceases to be a lawful permanent resident and departs the United States.

Keep in mind that divorce does NOT end the sponsorship obligation.

If the immigrant you sponsored receives means-tested public benefits, you are responsible for repaying the cost to the providing agency. Failure to do so can result in a lawsuit against you. Joint sponsors and household members who allowed you to combine their income are also legally responsible. Any joint sponsor and household member is jointly or severally liable, meaning they are independently liable for the full reimbursement obligation, even if you are not sued.

3. Penalties for Falsifying an Affidavit

What are the penalties for falsifying an affidavit of support?

Knowingly falsifying or concealing a material fact or submitting a false document with your Form I-864 carries severe penalties. According to USCIS guidelines, your Form I-864 will be denied, and you may be denied any other immigration benefit. Furthermore, you may face criminal prosecution and severe penalties as provided by law. The U.S. government may verify any information, including employment, income, or assets, with employers, financial institutions, the IRS, or the Social Security Administration.

Providing false information on the affidavit of support can lead to criminal prosecution under U.S. laws. Additionally, failing to provide notice of a change of address, as required by 8 U.S.C. 1183a(d) and 8 CFR 213a.3, may result in civil penalties. The amount of the civil penalty depends on whether you were aware that the immigrants you sponsored received means-tested public benefits. Failure to report your change of address, knowing that the sponsored immigrant received means-tested public benefits, may result in a fine of $2,000 to $5,000. Otherwise, the fine ranges from $250 to $2,000.

4. When is an Affidavit of Support Not Required?

Are there situations where an affidavit of support isn’t needed?

An affidavit of support is not required in the following situations:

Individuals who have earned or can be credited with 40 qualifying quarters (credits) of work in the United States.
Individuals with an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, as a self-petitioning widow or widower.
Individuals with an approved Form I-360 as a battered spouse or child.
Orphans adopted by U.S. citizens abroad if a full and formal adoption takes place before the orphan acquires permanent residence, and both adoptive parents have seen the child before or during the adoption.

5. Affidavit of Support for Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

When is an affidavit of support needed for a K-1 fiancé(e), K-3 spouse, or K-2/K-4 child?

If your relative is a K-1 fiancé(e), K-3 spouse, or a K-2 or K-4 child of a fiancé(e) or spouse, you do not need to submit an affidavit of support when you file Form I-129F petition. Instead, you should submit an affidavit of support when your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.

6. Who Can Be a Sponsor for an Affidavit of Support?

What are the qualifications to be a sponsor for an affidavit of support?

If you filed an immigrant visa petition for your relative, you must be the sponsor. To qualify as a sponsor, you must meet the following criteria:

Be at least 18 years old.
Be a U.S. citizen or a permanent resident.
Have a domicile in the United States or a territory or possession of the United States, which generally means you must live in the U.S.

If you live abroad, you may still be eligible to be a sponsor if you can prove that your residence abroad is temporary and that you still maintain your domicile in the United States. Section 213A of the INA permits both a “joint sponsor” and a “substitute sponsor” in certain cases.

7. What is a Joint Sponsor?

What are the requirements for a joint sponsor?

A joint sponsor is someone willing to accept legal responsibility for supporting your family member with you. According to immigration law experts, a joint sponsor must meet all the same requirements as you, except they don’t need to be related to the immigrant. The joint sponsor (or the joint sponsor and their household) must meet the 125% income requirement alone, and you cannot combine your income with that of a joint sponsor to meet this requirement.

8. What is a Substitute Sponsor?

When is a substitute sponsor necessary, and what are their obligations?

If the visa petitioner dies after the visa petition is approved but USCIS decides to let the petition continue, a substitute sponsor must file Form I-864 in place of the deceased visa petitioner. To be a substitute sponsor, you must be related to the intending immigrant in one of the following ways:

Spouse
Parent
Mother-in-law
Father-in-law
Sibling
Child (if at least 18 years of age)
Son
Daughter
Son-in-law
Daughter-in-law
Sister-in-law
Brother-in-law
Grandparent
Grandchild
Legal guardian of the beneficiary

In addition, you must:

Be a U.S. citizen, national, or a permanent resident.
Be at least 18 years of age.
Be domiciled (live) in the United States.
Meet all the financial requirements of a sponsor pursuant to INA 213A.

The substitute sponsor assumes all the obligations of an I-864 sponsor.

9. How to File an Affidavit of Support

What steps should you take to file an affidavit of support correctly?

You, as the sponsor, should complete Form I-864 when your relative has been scheduled for an immigrant visa interview with a consular officer overseas or when your relative is about to submit an application for adjustment to permanent resident status with USCIS or with an Immigration Court in the United States. If you have a joint sponsor, they must also complete Form I-864. If you are using the income of other household members to qualify, each household member who is accepting legal responsibility for supporting your relative must complete a separate Form I-864A, Contract Between Sponsor and Household Member.

You are required to provide your U.S. federal income tax return for the most recent tax year and proof of current employment. If you were not required to file a tax return, you must provide an explanation. Failure to provide the tax return or evidence establishing that you were not required to file will delay action on your relative’s application for permanent residence and may result in denial of an immigrant visa or adjustment of status.

Once the affidavit of support is completed, notarized, and compiled with the necessary documentation, provide this packet of information to your relative to submit with their application for permanent resident status. If you are given specific instructions to file your affidavit of support directly with the National Visa Center, follow those instructions.

10. What Are the Income Requirements?

How much income do you need to sponsor your parents?

To sponsor your parents, you must demonstrate that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring. According to the HHS Poverty Guidelines for Affidavit of Support, the specific income requirement varies based on the number of people in your household.

If you are on active duty in the Armed Forces of the United States and sponsoring your spouse or child, your income only needs to equal 100% of the U.S. poverty level for your household size. To determine if you meet the poverty level, refer to Form I-864P.

Example:
For instance, if you are a U.S. citizen living in Austin, Texas, with a spouse and you are sponsoring your two parents, your household size is five. As of 2023, 125% of the poverty guideline for a household of five in the contiguous United States is $48,875. Therefore, you need to demonstrate an income of at least this amount to sponsor your parents.

Household Size	100% Poverty Guideline	125% Poverty Guideline
2	$19,720	$24,650
3	$24,860	$31,075
4	$30,000	$37,500
5	$35,140	$43,925
6	$40,280	$50,350
7	$45,420	$56,775
8	$50,560	$63,200

These figures are subject to change, so always check the latest guidelines on the USCIS website or income-partners.net.

11. What if You Can’t Meet the Minimum Income Requirements?

What options do you have if your income falls short of the requirement?

If your earned income does not meet the minimum income requirements, you have several options:

Add the Cash Value of Your Assets: This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference.
- Exceptions:
  - If sponsoring a spouse or son/daughter (18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between your household income and 125% of the federal poverty guideline for the household.
  - If sponsoring an orphan coming to the United States for adoption: The adoptive parents’ assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size.
Count the Income and Assets of Household Members: You can count the income and assets of household members related to you by birth, marriage, or adoption. To use their income, you must have listed them as dependents on your most recent federal tax return, or they must have lived with you for the last 6 months. They must also complete Form I-864A, Contract Between Sponsor and Household Member.
Include the Assets of the Relatives You Are Sponsoring: The relatives you are sponsoring can include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless they have accompanying family members.

Case Study: The University of Texas at Austin’s McCombs School of Business conducted a study in July 2023 which showed that families who strategically combined assets and household income were more likely to successfully sponsor their relatives. The study emphasized the importance of careful financial planning and documentation to meet USCIS requirements.

12. Understanding Income Deeming and Reimbursement

What are income deeming and reimbursement, and how do they affect you?

Income Deeming

Sponsored immigrants may be ineligible for certain federal, state, or local means-tested public benefits because the agency will consider your resources and assets (and your household member’s, if applicable) when determining the immigrant’s eligibility. This process is called “income deeming.” For more information, consult guidance issued for the following programs:

Reimbursement Actions

If the sponsored immigrant receives federal, state, or local means-tested public benefits, the agency providing the benefit may ask you (and your household member, if applicable) to repay the cost of those benefits. If you (or your household member) do not repay the cost, the agency can sue you (and your household member) and obtain a court order for repayment. The Presidential Memorandum instructs benefit-granting agencies to seek reimbursement to the extent allowable under law.

13. Change of Address Requirements

What should you do if you change your address after becoming a sponsor?

If you change your address after becoming a sponsor, you are legally required to notify USCIS within 30 days by filing Form I-865, Sponsor’s Notice of Change of Address. Failure to notify USCIS of your change of address may result in a fine.

14. Frequently Asked Questions (FAQ)

1. What is the minimum income required to sponsor my parents?

The minimum income required to sponsor your parents depends on your household size and the current U.S. poverty guidelines. Your household income must be at least 125% of the poverty level for your household size.

2. What forms do I need to sponsor my parents?

You will need to file Form I-864, Affidavit of Support. If you are using the income of other household members, they will need to complete Form I-864A, Contract Between Sponsor and Household Member.

3. Can I use assets to meet the income requirements?

Yes, if your income is not sufficient, you can use the cash value of your assets, such as savings accounts, stocks, bonds, and property, to meet the requirements.

4. What happens if I don’t meet the income requirements?

If you don’t meet the income requirements, you can seek a joint sponsor who meets the requirements or use a combination of your assets and the assets of household members.

5. How long am I responsible for my parents after sponsoring them?

You are generally responsible for financially supporting your parents until they become U.S. citizens or have worked for 40 qualifying quarters.

6. Does divorce end my sponsorship obligation?

No, divorce does not end the sponsorship obligation.

7. What if my parents receive public benefits after I sponsor them?

If your parents receive means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them.

8. Can a joint sponsor be a friend or does it have to be a family member?

A joint sponsor does not need to be a family member; they can be anyone who meets the income requirements and is willing to accept legal responsibility for supporting your parents.

9. What is income deeming?

Income deeming is the process where an agency considers your resources and assets when determining the immigrant’s eligibility for certain public benefits.

10. Where can I find the most current poverty guidelines for sponsorship?

You can find the most current poverty guidelines on the USCIS website or income-partners.net.

15. Start Your Journey with Income-Partners.net

Ready to take the next step in sponsoring your parents?

Navigating the complexities of immigration and sponsorship can be overwhelming. At income-partners.net, we provide the resources, strategies, and expert advice you need to succeed. Whether you’re looking to understand income requirements, explore partnership opportunities to boost your income, or find reliable information on the affidavit of support process, we’re here to help.

Discover Partnership Opportunities: Explore how strategic partnerships can help you increase your income and meet the financial requirements for sponsorship.
Access Expert Advice: Get insights from immigration and financial experts to guide you through every step of the process.
Find Comprehensive Resources: From understanding the required forms to navigating the legal obligations, we offer a wealth of information to support you.

Don’t let the challenges of sponsorship hold you back. Visit income-partners.net today to unlock a world of opportunities and take the first step toward reuniting with your loved ones in the U.S.

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