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Home arrow Immigration FAQs arrow Affidavit of Support arrow My spouse is petitioning for me but he/she does not meet the income requirements.

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My spouse is petitioning for me but he/she does not meet the income requirements. PDF Print E-mail
Written by Jose E. Latour   
Monday, 01 January 2007

My spouse is petitioning for me but he/she does not meet the income requirements stated in the I-864 affidavit of support because [I am the breadwinner/they are in school/etc.]... What can we do?

You need to prove income from an alternate source. The requirements are that the sponsor's income must be 125% of the poverty line income for a family of that specific size. The instructions on the form (downloadable from a number of places on the web) spell out the details and numbers. The key language in the instructions includes:

"If the petitioner cannot meet the income requirements, a joint sponsor may submit an ADDITIONAL affidavit of support." [Emphasis supplied]

Note the caps: ADDITIONAL. Even if the spouse or relative who filed the petition doesn't meet the numbers, they STILL need to do the affidavit. The sponsor AND joint sponsor must be:

  • A U.S. citizen or permanent resident
  • At least 18 years old
  • Domiciled in the United States or its territories or possessions

 

The additional sponsor can be anyone with a logical relationship to the beneficiary AND who is willing to undertake the enforceable legal promise which makes up the affidavit. In plain English, if the person sponsored becomes unable to financially fend for themselves, the financial burden is on the affiant. Only after the sponsored immigrant can be credited with 40 qualifying quarters of work, leaves the U.S. permanently, or dies, is the affiant off the hook. Here's a point to ponder, future parents-in-law:

"DIVORCE does not terminate the obligation."

That means that if Buffy's questionable beau, Attila, the Tibetan shepherd, doesn't adapt well to life in Boca Raton and decides to wander the nation unemployed, YOU could be footing the Barefoot Tour of America. And Buffy still in tears....

Anyway, when the time comes to do the form, you should just suffer and read through the many pages of instructions. While it's WAY long, it's pretty clear.