Figuring out how to get your husband to live in the United States legally can be a tricky process! One of the ways people do this is through sponsorship, where a U.S. citizen or lawful permanent resident promises to support the person they are sponsoring financially. If you’re getting food stamps (also called SNAP benefits), you might be wondering if that impacts your ability to sponsor your husband. Let’s break it down.
Am I Even Allowed to Sponsor?
So, can you sponsor your husband if you’re on food stamps? Yes, you can still sponsor your husband, even if you receive SNAP benefits. However, there are some important things to keep in mind. The government wants to make sure your husband won’t become a “public charge,” meaning he won’t need to rely on public assistance like food stamps to survive. You’ll need to prove you can financially support him.
One thing you need to provide is an Affidavit of Support (Form I-864). This is a legal document where you promise to financially support your husband if he can’t support himself. You are essentially saying that you will make sure he doesn’t need government help. The government will look at your income to see if it meets the minimum income requirements.
Even though you’re on food stamps, it doesn’t automatically disqualify you. You might still qualify if you meet certain requirements. The government looks at things besides just your current income.
The government also checks to see if you have any assets, or other things of value. The U.S. Citizenship and Immigration Services (USCIS) wants to see if you can financially support your husband. If you don’t meet the income requirements on your own, you have a few options.
- You can include your husband’s income, if he’s already working in the U.S. legally.
- You can use assets (like savings accounts, stocks, or property) to meet the requirements.
- You can find a co-sponsor, someone who also agrees to help support your husband financially.
Income Requirements and Food Stamps
What Income Level is Required?
To sponsor your husband, you need to meet a minimum income requirement. This is based on the poverty guidelines set by the U.S. Department of Health and Human Services (HHS). The required income depends on how many people are in your household (including yourself and your husband, and any other dependents you may have). If your income is below the required level, the USCIS will look at other factors.
The income guidelines change every year, so it’s essential to check the latest guidelines on the USCIS website or a government website. They’ll tell you exactly how much income is needed based on household size. Remember that even if you are receiving food stamps, it may not necessarily mean you cannot meet these income requirements, especially if you have other income sources.
Here’s an example. Let’s say the poverty guideline for a household of two people is $20,000 per year. If your income is $18,000 per year, you don’t meet the initial income requirement. However, that doesn’t mean you automatically can’t sponsor your husband. You can still use assets or a co-sponsor.
USCIS looks at your total financial picture, not just your income. They’ll consider things like:
- Your assets, such as savings and investments.
- Your husband’s assets, if he has any.
- The ability of your husband to work.
- The health of you and your husband.
Using a Co-Sponsor
What is a co-sponsor?
If your income isn’t high enough, you can use a co-sponsor. A co-sponsor is someone who agrees to help support your husband financially. This person must meet the income requirements themselves. This is a popular option if your income is low.
Your co-sponsor must also file an Affidavit of Support (Form I-864). They’re taking on the same legal responsibility you are: promising to support your husband financially. They are on the hook for supporting him if you can’t. The co-sponsor’s income is added to yours to meet the income requirements. You need to make sure the co-sponsor understands the legal responsibilities of cosponsoring.
Finding a co-sponsor can be a family member, a friend, or anyone who meets the income requirements. The co-sponsor does not have to be a relative. They just need to be a U.S. citizen or a lawful permanent resident who is at least 18 years old and lives in the U.S. or a U.S. territory.
Here’s a table to illustrate the concept:
| Scenario | Your Income | Co-Sponsor Income | Result |
|---|---|---|---|
| Scenario 1 | Below Required Level | Meets Required Level | Sponsorship Possible |
| Scenario 2 | Below Required Level | Also Below Required Level | Sponsorship Unlikely (unless assets are sufficient) |
Assets and Sponsorship
Can Assets Help Me?
Yes, even if your income is low, you can use assets to help meet the financial requirements. Assets are things you own that have value, like savings accounts, stocks, bonds, or real estate. The value of your assets can be added to your income to help you qualify as a sponsor.
The USCIS has specific rules about how to calculate the value of your assets and how much they can contribute towards meeting the income requirements. You’ll need to provide documentation proving the value of your assets. The requirements will differ based on the particular asset.
The amount of assets you need to show to sponsor your husband depends on your income and the income requirements. If you’re very short on the income requirement, you might need a significant amount of assets. If your income is closer to the requirement, you may need fewer assets.
Here are some examples of assets you might use:
- Checking and Savings Accounts
- Stocks, Bonds, and Mutual Funds
- Real Estate
- Other Property (like a car, if it has significant value)
Documentation and Evidence
What Documentation is Needed?
To sponsor your husband, you will need to gather various documents to prove your financial ability. This is crucial because the USCIS wants to ensure that your husband won’t need to rely on public assistance. Prepare to provide a lot of information and documents to support your application. Be thorough and make sure you have everything ready.
You’ll need to provide documents with your Affidavit of Support (Form I-864). This includes proof of your income, like your tax returns, W-2 forms, and pay stubs. If you’re using assets, you’ll need to provide documentation of those, such as bank statements, stock certificates, and property deeds.
Make sure the information you submit is accurate and up-to-date. The USCIS will verify the information you provide. If you lie on your application or can’t provide the necessary documents, your sponsorship could be denied. Don’t take any chances on it.
Here are some examples of required documents:
- Tax Returns (IRS Form 1040) for the most recent tax year.
- W-2 Forms (Wage and Tax Statement) from your employer.
- Pay stubs for the most recent six months.
- Bank statements or other proof of assets.
Getting legal advice is also important here, if possible. An immigration lawyer can help make sure you understand all the requirements and that your application is complete and accurate.
Conclusion
In conclusion, while receiving food stamps doesn’t automatically disqualify you from sponsoring your husband, it does make the process more complex. You’ll need to carefully assess your financial situation, gather the necessary documentation, and potentially utilize co-sponsors or assets to meet the income requirements. By understanding the requirements and preparing thoroughly, you can increase your chances of successfully sponsoring your husband to live in the United States.