Will USCIS look beyond income in looking at the affidavit of support?
Understanding USCIS requirements can feel like cracking a secret code, especially when it comes to proving financial eligibility as a sponsor. You might think assets like your savings or property holdings can strengthen your case, but here’s the reality:
Hi, I'm Jim Hacking, an immigration lawyer practicing law throughout the United States out of our office here in St. Louis, Missouri. I can't tell you how many clients tell us that they've been reading up on the internet and that USCIS lays out nine ways that someone can demonstrate that they have enough assets or make enough money to serve as a sponsor or co-sponsor on the I-864, which is the document one signs to accept the financial responsibility for the applicant. They're a hundred percent right.
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USCIS says that you can use all these other means, like property, assets, or holdings in the bank, to demonstrate that this particular person is qualified to serve as a sponsor.
But after 13 years in immigration law and hundreds of cases, I can confidently say: USCIS is only interested in your income. They care about W2s, yearly income, and 1099s—essentially, your steady cash flow.
Assets? Irrelevant. Property? Not helpful. Retirement accounts? USCIS doesn’t care.
If you send in these assets as proof, expect months of delays.
Your sponsor income must meet 125% of the federal poverty guidelines for each of the last three years. This requirement is non-negotiable:
• Three consecutive years: You need to show this income level for the past three years. Not just one or two years.
• Consistent Cash Flow: They’re looking for regular, reliable cash flow, so they know you can support the applicant if needed.
If you don’t meet these income guidelines, you’ll need a co-sponsor who does. And yes, the same rules apply to the co-sponsor—the income requirement for three consecutive years.
I said this literally hundreds of times. You can do whatever you want. You can file whatever you want. But if you want to get that work authorization, if you want to get your interview scheduled, you need to do it the right way.
At the end of the day, if you are filing for a green card for someone else, if you're the sponsor, or if you're the co-sponsor, the only question is, have you made enough money in each of the last three years? Was your adjusted gross income enough? If not, and you're the sponsor, you're going to need a co-sponsor.
If you're asking for someone to serve as the co-sponsor and they can't satisfy that, it's not going to work. Nobody cares if you have a million dollars in the bank. That's true if you're to accept financial responsibility as the sponsor or the co-sponsor. If you can't show that you have enough financial resources or cash coming in to "support" the foreign national, if need be, none of the rest matters. None of it matters.
If you want your case processed smoothly and quickly both by the USCIS and the National Visa Center, follow these guidelines:
• Income, Not Assets: Forget about using bank balances or retirement accounts.
• Three-Year Track Record: Ensure your sponsor (or co-sponsor) has a three-year income history that meets the guideline.
• Consistency is Key: Annual income must be steady—irregular cash flow or actual household income won’t suffice.
Again, there's no reason to fight us on this. We've done this hundreds of times. We know how to make your case go faster. We can also give expert guidance regarding using a joint sponsor or including the income of another household member to meet the minimum income requirement.
If you don't do it the way that I'm telling you to do it, you're setting yourself up for more delays. If you want to sponsor a family member or several family members and get your immigration case approved as quickly as possible, you'll need to show your income and make sure that you meet the minimum income requirements. Include also other supporting documents. Otherwise, it's not working.
If you’d like more clarity regarding USCIS sponsor income or have specific questions related to citizenship and immigration services, don’t hesitate to reach out!
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• Email: [email protected]
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