In family-based immigration cases, a central component of this process is the Form I-864, Affidavit of Support (“I-864”). This legally binding contract is required to demonstrate that the intending immigrant (the “Beneficiary”) has adequate financial support from the sponsoring family member (the “Sponsor”) through income and/or assets, and therefore the Beneficiary is unlikely to become a public charge (rely on government welfare for support). Through the completion of Form I-864, the Sponsor assumes substantial financial obligations enforceable under U.S. law.
If the Sponsor does not have enough income or assets, under certain conditions, the Beneficiary’s income or assets may be used to help meet the Sponsor’s financial requirement. If the Beneficiary is the Sponsor’s spouse, their income may be counted if it will continue from the same source after obtaining lawful permanent resident status.
If the Beneficiary is another relative, such as a child, parent or brother or sister, two criteria must be satisfied:
- The income must be expected to continue from the same source after the Beneficiary becomes a lawful permanent resident; and
- The Beneficiary must reside in the Sponsor’s household at the time of filing.
In both scenarios, supporting documentation must be provided to establish that the income and/or assets meet these requirements.
In addition to demonstrating their own financial resources, the Beneficiary can contribute to the I-864 by demonstrating their own skills, education, work experience, and ability to find employment.
Comparison Table – Conditions for Counting Intending Immigrant Income
| Spouse as intending immigrant | Other relative (child, parent, sibling) | |
| Income continues from same source | Required | Required |
| Residing in same household as sponsor | Not required | Required |
| Supporting documentation needed | Yes | Yes |
Documentation Required to Support the Claim
In both situations, supporting documentation must be provided:
To prove income continues from the same source:
- Employment contract or letter from a U.S. employer confirming continued remote employment after entry
- Most recent tax returns and pay stubs
- Evidence that the income source will remain active after U.S. admission
To prove co-residence (for relatives other than spouses):
- Evidence of the same U.S. address at time of filing
- Utility bills, lease agreements, or other household documentation
To demonstrate skills and employment prospects:
- Academic degrees and professional certifications
- Employment history documentation
- Evidence of employment prospects in the United States
Frequently Asked Questions
Can the intending immigrant’s income be used to help the sponsor meet the I-864 income requirements?
Yes – but only under specific conditions. If the intending immigrant is the sponsor’s spouse, their income may be counted if it will continue from the same source after they become a lawful permanent resident. If the intending immigrant is another relative (child, parent, or sibling), two conditions must both be met: the income continues from the same source, and the intending immigrant is residing in the same household as the sponsor at the time of filing.
Can income from employment in Vietnam be counted toward the I-864?
Only if that income will continue from the same source after the intending immigrant enters the United States and becomes a lawful permanent resident. If the intending immigrant has a remote work contract with a U.S. company that will continue after U.S. entry, that income may be considered. Income from employment in Vietnam that will end upon U.S. entry typically cannot be counted.
What can the intending immigrant do to help the I-864 if they have no current income?
The intending immigrant can support the petition by demonstrating skills, education, work experience, and the ability to find employment in the United States. In addition, if the sponsor’s income is insufficient, options include: using qualifying assets to offset the income shortfall; having an eligible household member sign a Form I-864A to pool income; or having a qualified joint sponsor sign a separate I-864.
Can a child beneficiary living in Vietnam have their income counted toward the I-864?
No – not if the child is currently living in Vietnam at the time of filing. For relatives other than spouses, both conditions must be satisfied simultaneously: income continuing from the same source and residing in the same household as the sponsor in the United States. A child living in Vietnam does not satisfy the co-residence requirement.
What other options does a sponsor have if their income alone is insufficient for the I-864?
There are three main alternatives: (1) Qualifying assets (real estate, savings, investments) may be used to offset income shortfalls at a specific conversion ratio; (2) An eligible household member may sign Form I-864A to pool their income with the sponsor’s; (3) A qualified joint sponsor may sign a separate I-864 – the joint sponsor does not need to be a relative but must independently satisfy the full income requirements on their own.
If you have questions about the I-864 Affidavit of Support, contact us at info@enterlinepartners.com.
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Copyright 2025. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
