Use of assets to qualify as an affidavit of support sponsor

An applicant for admission or adjustment of status must generally have a qualified sponsor who executes a Form I-864 Affidavit of Support. Otherwise, such alien would be inadmissible under INA 212(a)(4) as one likely to become a public charge. Form I-864 is a contract that binds the sponsor to support the sponsored alien at an annual income of not less than 125 percent of the federal poverty line during the period when the affidavit is enforceable.

A person qualifies as a sponsor if he is: (1) at least 18 years of age; (2) domiciled in the US or any US territory or possession; (3) a US citizen (USC) or lawful permanent resident (LPR); and (4) able to demonstrate the means to maintain the sponsored alien at an annual income of at least 125 percent of the Federal poverty line, as a general rule.

The simplest way to demonstrate the sponsor’s ability to maintain the sponsored alien is by providing evidence of the sponsor’s income. Section 20.5(k)(4)(D) of the Adjudicator’s Field Manual requires a sponsor to provide a copy of his most recent federal tax return. If the sponsor’s total income before deductions meets the applicable income requirement on USCIS’s poverty guideline, then the sponsor qualifies.

If the sponsor’s income falls short of the applicable income requirement, there are two options to solve the problem: (1) get a qualified co-sponsor who meets the applicable income requirement; or (2) the sponsor or the sponsored alien may submit evidence of significant assets.

Under 8 CFR 213a.2(c)(2)(iii)(B), a sponsor may submit evidence of his ownership of significant assets, such as savings accounts, stocks, bonds, certificates of deposit, real estate, or other assets. The sponsored alien may also submit evidence of his assets. Evidence of significant assets may include: (1) bank statements for the last 12 months; (2) evidence of ownership and value of stocks, bonds and certificates of deposit, and dates acquired; (3) evidence of ownership and value of personal property and dates acquired; and (4) evidence of ownership and value of real estate and dates acquired.

To qualify as significant assets, the total net value (i.e. value of asset less any liability) of all assets must exceed five times the difference between the sponsor’s household income and the Federal poverty line for the sponsor’s household size.

For example, X is a married USC with two minor children. He petitioned his brother Y. Since X has a family of four and is sponsoring one alien, his household size for purposes of USCIS’s poverty guideline is five. Under the 2014 poverty guideline, a sponsor with a household size of five must have an annual income of at least $34,887. If X only earned an income of $30,000 in 2013, he may show that he owns significant assets to establish his ability to maintain Y at an annual income of at least 125 percent of the Federal poverty line.

The net value of X’s assets should be at least $24,435. We came up with this number by first getting the difference between $34,887 (the required minimum income in the poverty guideline for a household of five) and $30,000 (X’s 2013 annual income), which is $4887. Then, we multiplied $4887 by 5 and got $24,435. If X has a house currently valued at $300,000 but he has a loan of $200,000, then the net value of this house is $100,000 (i.e. we deducted the amount of the loan from the current value of the house). Thus, the net value of X’s significant asset, i.e. $100,000, is over the minimum requirement of $24,435. Therefore, X qualifies as a sponsor.

Let’s have another example. H is a USC who filed a petition for his wife W. They have no children. In 2013, H earned an annual income of $18,000. Under the 2014 poverty guideline, a sponsor with a household size of two must earn at least $19,662 a year. If H wants to qualify as a sponsor by showing evidence of significant assets, the net value of such assets must be at least $4986. We got this number by first subtracting $18,000 (H’s 2013 annual income) from $19,662 (the required minimum income in the poverty guideline for a household of two), which gives us a difference of $1662. Then, we multiplied $1662 by 3 and we got $4986.

Under 8 CFR 213a.2(c)(2)(iii)(B)(1), if the sponsored alien is the spouse of a USC, the net value of a sponsor’s significant assets must exceed three times the difference between the sponsor’s income and the Federal poverty line for the sponsor’s household size. Thus, if H has a current balance of $10,000 in his bank account, he would qualify as a sponsor.

Not many might be thrilled to do these computations but if one’s income is not enough and there is no available co-sponsor, presenting significant assets would be the only way to save a petition. So it’s better to know these rules and apply them when necessary.