Marriage-Based Green Card: Understanding Form I-864 and Financial Support Requirements

If you're applying for a marriage-based green card in the U.S., your spouse (the petitioner) needs to prove they can financially support you. This is done through Form I-864, Affidavit of Support, which is a legal promise to the government that you won’t become financially dependent on public assistance.

What Is Form I-864 and Why Is It Important?

Form I-864 is all about showing that your spouse has enough income or assets to support you at 125% of the Federal Poverty Guidelines (or 100% if they’re active-duty military). These income requirements change each year and depend on household size.

2024 Federal Poverty Guidelines

Here’s a quick look at the 125% income requirement for most states (Alaska and Hawaii have different numbers):

What Documents Do You Need for Form I-864?

To prove they meet the income requirements, your spouse (the petitioner) will need to submit:

• Most recent federal tax return (Form 1040) and W-2s (or a tax transcript from the IRS)

• Proof of current income, like recent pay stubs or an employment verification letter

• Evidence of assets, if needed (bank statements, real estate, stocks, etc.)

• Proof of U.S. citizenship or green card, like a passport or birth certificate

What If Your Spouse Doesn’t Meet the Income Requirement?

If your spouse’s income isn’t high enough or they haven’t filed taxes, don’t worry—there are other ways to qualify:

1. Combine Household Income: If another family member living in the same household has income, they can contribute by filing Form I-864A.

2. Use Assets: If income alone isn’t enough, assets (like savings, property, or investments) can be used. The total value of these assets generally needs to be three times the missing income amount (or five times for spouses).

3. Get a Joint Sponsor: A joint sponsor is another U.S. citizen or green card holder who meets the income requirement on their own. They’ll need to submit their own Form I-864 and agree to take financial responsibility if needed.

Meeting the financial requirement is a key part of the green card process. Having the right paperwork and a solid plan in place can help prevent delays. If you’re unsure about anything, an immigration attorney can help make sure everything is in order.