How much money does my spouse need to make in order to legally sponsor me? 11 Answers as of February 01, 2011

I am Canadian and my fiance is American. I am wondering how much money he needs to be making in order to sponsor me to move to the USA once we are married. Thanks.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Your husband's household income must at least be 125% of poverty line for the size of the household. For two people it would be about $28,000 per year. Above that he is eligible for you.
Answer Applies to: California
Replied: 2/1/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
It depends on how many dependents he has on his household. If it's only you and him it's roughly 19,000.
Answer Applies to: Florida
Replied: 1/17/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
Your fiance does not necessarily need to be making any money in order to "sponsor" you to move to the United States.

As your husband, he would be your "petitioner" and he would also need to submit an affidavit of support (form I-864) as your primary "sponsor." However, even if he does not have sufficient income or assets to qualify as your "sponsor" on that form, you could still obtain your immigrant visa if either (1) you happen to have a good job offer in the U.S. yourself in which case your own income could also be considered under certain circumstances; or (2) you have a "joint sponsor" who would be willing to sign an affidavit of support for you. That joint sponsor does not have to be related to you or your fiancee in any way and can be a US citizen or a lawful permanent resident.

In order to determine if someone qualifies as a "sponsor" for purposes of form I-864, that person's annual income needs to meet or exceed the poverty guideline amounts reflected on form I-864P, which you can find here: http://www.uscis.gov/files/form/i-864p.pdf. By way of example, if you and your fiancee would be the only persons counted in your future US household, then the annual income requirements for your fiancee would be $18,212 (or $20,950) in case you plan to move to Hawaii).

If you have additional questions, I would be happy to offer a consultation to go over the details of your case.
Answer Applies to: Florida
Replied: 1/3/2011
Fletcher, Tilton & Whipple, PC
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
It depends upon the size of your household. If it is just the two of you, it's about $18,213 per year. For each additional household member add about $4,675. If your spouse does not make enough money but has assets and money in the bank, one third of the assets can be counted towards the deficiency in income. Also a back up or joint sponsor can also be obtained and used to overcome a situation where your spouse is retired, unemployed, or just doesn't make enough to meet the support guidelines, which equal 125% of the poverty standards based on household size.
Answer Applies to: Massachusetts
Replied: 1/3/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
You must qualify over the poverty guidelines for 2010. Currently, you must earn $17,500 to sponsor one person.
Answer Applies to: Texas
Replied: 12/31/2010
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    If it is just the 2 of you on the tax return, it will be $18,212.00 for 2010.
    Answer Applies to: Virginia
    Replied: 12/31/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Generally speaking, she should make 125% over poverty line in whatever state she is in.
    Answer Applies to: Florida
    Replied: 12/31/2010
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    125% of the poverty level for a family of four which is probably in the range of $20-$25K per annum.
    Answer Applies to: Virginia
    Replied: 12/30/2010
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    http://www.uscis.gov/files/form/i-864p.pdf

    Here is the Chart. You want to use the 125% column so for a family of two the amount is $18,212. If income as shown on the last year's income tax return is insufficient you can also qualify by getting a co-sponsor.
    Answer Applies to: California
    Replied: 12/30/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    You need to look at Form I-864P Poverty Guidelines which can be found at USCIS.gov under the tab FORMS to find out how much your fiance will have to make. As an example, for two people (you and your fiance) the amount is $18,212.00. If is higher if your fiance lives in Hawaii or Alaska. If your fiance income does not meet the income requirements, it is possible to use assets, otherwise you will need a co-sponsor. To determine how to calculate the Sponsor's household size and/or how much assets are necessary you need to look at the instructions for Form I-864.
    Answer Applies to: California
    Replied: 12/30/2010
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    That depends. Your husband must calculate everyone. This includes him, you, his kids if any, anyone he ever filed I-864 for who is still a legal permanent residents, any other dependents listed on his tax return. For example, if your husband last filed as single, did not list list anyone asdependent on his tax return, never filed any immigration affidavit of support for anyone, and doesn't have any kids, his gross adjusted income required is $18,212.00. People on active military duty get an extra 25% down (He would need $14,570). IF your husband has 5 kids, listed his mom on his last tax return, and is not on active military duty, then he needs $46,242.
    Answer Applies to: California
    Replied: 12/30/2010
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