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Can the Intending Immigrant Help the Sponsor Meet the Income Requirements?

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.

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.

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