Sponsoring a Permanent Resident: Income Requirements and the Economic Crisis

When a US citizen sponsors a spouse or other relative for permanent residence, he or she has to show that they make 125% of the poverty-level income to support the total number of their dependents in their geographic area. Since the economic crisis, I have noticed that when people file for permanent residence, the most common RFE ("Request for Evidence") that comes from immigration after making the application is a request for more evidence that the sponsor has sufficient income to sponsor a new immigrant. I believe this is partly because people genuinely have less money than before. It's also because a lot of people are losing jobs and immigration has to be convinced that the job the sponsor has is solid and that the income he or she made last year is still sufficient this year. Therefore, it's important to fill out the I-864 very carefully (the form used to qualify for sponsorship) and to include copies of any documents that support what is stated on the form. A copy of at least the most recent year tax record is required but if the income is close to the minimum, it is sometimes good to attach copies of all three previous years, to show the income is steady. If the income has only reached "sponsorship level" recently, it is good to attach an employment verification letter (similar to what an HR office provides when you are applying for a mortgage), to show that your current employment is sufficient and indefinite.

Sometimes sponsors do not meet the minimum requirements and often that happens when the sponsor is still in school, or has been hit in some way by the economic crisis. In that case, there are a variety of options. One is that a friend or relative can act as a co-sponsor. Another is that the income of the non-immigrant spouse can sometimes be included if that person has legal work permission. A third is that there are a variety of assets that can be listed and a formula that can be used to determine if those assets supplement the income to the point where it reaches the minimum requirements. A fourth is that other household members can contribute to the income required (for example, a young couple is living with their parents, or brothers and sisters live in the same household where some are US permanent residents or citizens).

Whatever the case, it is important for sponsors to understand two things: 1. immigration is looking at the income requirement carefully in this time of economic crisis so if the sponsor's income is close to the minimum, take care to include as much solid evidence as possible that the minimum requirement is being met; 2. if the sponsor's income really does not meet minimum requirements, do not try to "fool" immigration; they are quite savvy about economic problems these days. Instead, look at the alternatives for meeting the minimum requirements, including how others can assist with sponsorship.


Most importantly, don't panic. People are receiving RFE's more often these days but they are also finding ways to meet the requirements and once they can show that they can meet the requirement, the case goes on to be approved. Immigration does not have an interest in keeping families apart and will generally work with sponsors to help them understand how to meet the requirements. However, immigration also has a job to do and they cannot approve a petition to sponsor a new immigrant without sufficient evidence that that person will not need social welfare benefits as soon as they become an immigrant. Therefore, it's important to take the I-864 sponsorship form very seriously and to carefully read instructions and understand what is required. As always, I am happy to consult with people on the variety of ways in which a sponsor can meet sponsorship requirements.