Can You Sponsor a Spouse if You Don’t Meet the Income Requirement?
Sponsoring a spouse to come to the U.S. is one of the most common goals for couples dealing with immigration. However, the process isn't as simple as filing a few forms. One major hurdle these couples face is the income requirement. This requirement makes sure that the sponsoring spouse can support the immigrant spouse financially, without them becoming a “public charge.”
So, what happens if you don’t meet the income requirement? Is your chance of bringing your spouse to the U.S. over? Fortunately, the answer is no. At Ruth Lane & Associates, PLLC, in Euless, Texas, our family immigration attorney helps clients in this situation. Here, we’ll explain your options and what steps you can take to move forward.
The Basics of the Income Requirement for Spousal Sponsorship
When you sponsor a spouse for a green card, you're required to submit an Affidavit of Support (Form I-864). This document demonstrates your financial commitment to support your spouse at a level that’s at least 125% of the Federal Poverty Guidelines for your household size. If you're on active duty in the U.S. military and sponsoring a spouse, the requirement drops to 100%.
The purpose of the income requirement is to prevent the sponsored immigrant from relying on public assistance. USCIS reviews the sponsor’s most recent federal tax return, W-2s, pay stubs, employment verification, and documentation of assets to make sure they meet the financial threshold. If your income is below the requirement, you family member may be deemed ineligible to immigrate without a joint sponsor.
Using a Joint Sponsor
One of the most common solutions in family immigration cases where the petitioner doesn't meet the income requirement is to use a joint sponsor. A joint sponsor is someone who agrees to also submit an Affidavit of Support and accept the same legal responsibilities as the primary sponsor. To qualify as a joint sponsor, the person must:
Be a U.S. citizen or lawful permanent resident
Be at least 18 years old
Reside in the United States
Meet the income requirement on their own, independent of the petitioner
This can be a friend, family member, or even a co-worker. While this option adds a layer of complication to the application, it’s fully legal and often used when the primary sponsor’s income falls short. However, the joint sponsor must be prepared to show the same documentation as the petitioner and will be held financially liable for the immigrant in case of public benefit usage.
Combining Household Income
If you live with certain relatives who earn income and are part of your household, you may be able to combine household income to meet the requirement. These individuals, referred to as “household members,” must be willing to sign a Form I-864A (Contract Between Sponsor and Household Member). Household members can include:
Spouse (if the immigrant isn’t already counted)
Parents
Adult children
Siblings
Anyone else residing in the same household with a qualifying relationship
Keep in mind that household income must be documented and taxed appropriately. Cash-based earnings without a clear paper trail typically won't be accepted by USCIS. All income sources must be verifiable through recent tax returns, W-2s, or official pay stubs. For self-employed individuals, reporting income on a Schedule C, it is the net income after expenses that is considered. Failing to provide adequate documentation from household members can lead to delays or a denial.
Counting Certain Assets
If your income is too low, but you or your household members have significant assets, these may be counted toward the financial requirement. USCIS allows the use of assets to make up the shortfall, though there are specific rules for how this calculation is made. Generally, assets must be:
Easily convertible to cash within one year
Owned by the sponsor, household member, or intending immigrant
Located in the United States (or if abroad, readily transferable)
Examples of qualifying assets include savings accounts, stocks and bonds, real estate equity, and retirement accounts. To calculate asset value, USCIS typically requires that the value be five times the difference between the sponsor’s income and the poverty guideline (three times if the sponsor is a U.S. citizen sponsoring a spouse).
Considering the Immigrant Spouse’s Income
In some family immigration cases, the immigrant spouse may already be living in the U.S. and legally working. If so, their income may also be considered, provided they continue earning that income after receiving their green card. This can be a helpful way to meet the income requirement; however, this option is only available when:
The immigrant spouse has work authorization
The income is steady and documented
The employment will continue post-adjustment of status
This scenario commonly applies to spouses who have legal permission to work in the United States and are employed at the time of signing the Affidavit of Support, such as applicants with Temporary Protected Status, DACA, or a work visa. Keep in mind that if the spouse is abroad, their income usually can’t be counted unless they have a guaranteed job offer to begin working immediately upon arrival.
Delaying Filing Until You Meet the Income Requirement
If none of the above options are available, another possibility is to delay filing until your financial situation improves. This might mean waiting for a new job offer, obtaining a raise, or completing a degree program that’ll result in higher pay. Although this may feel like a setback, it can help you avoid an RFE (Request for Evidence) or outright denial due to financial ineligibility. Consult with an attorney before deciding the best strategy for your family, since remaining out of status can also be a substantial risk.
Why the Income Requirement Matters in Family Immigration
The income requirement isn’t just a technicality. It plays a crucial role in determining whether an immigrant will be eligible for lawful permanent residency. USCIS takes this issue seriously because it reflects the government’s interest in making sure that immigrants won’t become a public charge.
Failing to meet the income requirement without having a backup plan, such as a joint sponsor or qualifying assets, can result in a denial of the green card application. Working with Ruth Lane & Associates, PLLC, can make all the difference in making sure your application meets USCIS standards and avoids common pitfalls.
Strengthening Your Sponsorship Case
Even if you’re worried about the income requirement, there are practical steps you can take to improve your case. While USCIS takes financial eligibility seriously, being proactive and organized can make a significant difference in the outcome. Many sponsorship denials stem not from a lack of income, but from incomplete or poorly presented documentation.
Organize all financial documentation: Make sure you have complete and accurate tax returns, pay stubs, and bank statements. Inconsistent or missing information often triggers requests for more evidence.
Explore all household contributions: Talk to other family members in your home who might be willing to contribute income or serve as joint sponsors.
Work with a trusted immigration lawyer: A knowledgeable attorney can help you evaluate options, file the correct paperwork, and represent your case to USCIS with clarity and legal precision.
Avoid errors on forms: Mistakes or omissions on Form I-864 or I-864A can cause delays or denials. Double-check that every section is completed and consistent with your supporting documents.
Know when to wait: If you’re between jobs or recovering from a period of low income, it may be strategic to wait a few months until your financial profile improves.
By taking these steps, you can present a well-prepared and persuasive application, even if your current income is below the guidelines. Partnering with an immigration attorney early in the process can further reduce risk and give you confidence that your case is being handled properly.
Call a Family Immigration Attorney Today
Sponsoring a spouse when you don’t meet the income requirement can feel overwhelming, but it doesn’t have to stop your immigration journey. At Ruth Lane & Associates, PLLC, we help clients in the Dallas-Fort Worth Metroplex, including Euless, Arlington, Mansfield, Irving, and other communities, work through the immigration process. Contact us today for help creating a tailored strategy for your situation.