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What Are The Requirements For Applying For A Green Card?  

Affidavit of Support 101: Quick Guide

The Affidavit of Support (Form I-864) is a required document in marriage-based green card applications. It shows that the U.S. citizen or lawful permanent resident (LPR) spouse can financially support the foreign spouse and prevent them from relying on government assistance.

What is the Affidavit of Support?

Form I-864 is a legally binding contract where the sponsor agrees to support the immigrant spouse if necessary. This obligation lasts until the immigrant becomes a U.S. citizen or has worked in the U.S. for about 10 years.

Who Needs to File It?

  • Primary Sponsor: The U.S. citizen or LPR spouse must file Form I-864.

  • Joint Sponsor: If the primary sponsor’s income is below the required level, a joint sponsor can file to help meet the financial requirements.

Financial Requirements

  • Income Level: The sponsor’s income must meet at least 125% of the Federal Poverty Guidelines for their household size.
  • Using Assets: If income falls short, assets like savings, real estate, or stocks can help meet the requirement.

Steps to Complete Form I-864

  1. Gather Financial Documents: Include tax returns, W-2s, pay stubs, and proof of assets if needed.

  2. Calculate Household Size: List all household members to determine the required income level.

  3. Complete the Form: Provide income and asset details, and attach supporting documents.

  4. Sign and Submit: Ensure the sponsor signs the form; if using a joint sponsor, they need to submit a separate I-864.

Key Tips

  • Check Income Requirements: Make sure you meet the income level before filing.

  • Organize Financial Documents: Thorough documentation helps avoid processing delays.

Summary

The Affidavit of Support is a critical part of the marriage-based green card application, showing the sponsor’s ability to support the immigrant. Following the financial guidelines and submitting complete documentation can help you avoid delays.

Scroll down to read the Full Version.

Requirements for Getting a Green Card (US. Permanent Residency)

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Green Card allows foreign citizens to work and live permanently in the United States. There are several pathways through which an individual can apply for a Green Card, each with specific requirements.

Here’s a breakdown of the most common ways to obtain a Green Card:

1. Family-Based Green Card

Eligibility: This is one of the most common ways to obtain a Green Card. Local American citizens or lawful permanent residents can sponsor close family members. There are two main groups:

  • Immediate Relatives: Husband or wife, children under the age of 21 who are not yet married, and parents of US citizens. Annual quotas are not subject to this category, making it one of the fastest paths to a Green Card.

  • Family Preference Categories: This includes relatives such as unmarried children of US citizens (over 21), married children of US citizens, and siblings of US citizens. The wait times are longer due to annual caps on the number of visas issued.

Requirements:

  • A qualifying family relationship with an American citizen or lawful permanent resident.

  • The petitioner (US sponsor) must file Form I-130 (Petition for Alien Relative) with American Citizenship and Immigration Services (USCIS).

  • The sponsor must provide proof of financial support through an Affidavit of Support (Form I-864) to ensure the immigrant does not become a public charge.

  • Applicants must pass background checks, meet health standards, and not have a criminal history that could make them inadmissible.

2. Employment-Based Green Card  

Eligibility: Many immigrants gain permanent residency through employment. Based on the applicant’s qualifications and job type, there are five categories (EB-1 to EB-5).

  • EB-1: People with extraordinary ability in fields like arts, sciences, education, or business. Also includes multinational executives and outstanding researchers or professors.

  • EB-2: Professionals holding degrees or individuals with exceptional field ability.

  • EB-3: Skilled workers (those with at least two years of experience), professionals (with a US bachelor’s degree or equivalent), and other workers (for jobs requiring less than two years of training).

  • EB-4: For special immigrants, including religious workers, translators for the US government, and certain employees of international organizations.

  • EB-5: This is for investors who invest at least $1.05 million above (or $800,000 in targeted employment areas) in a US commercial enterprise and create at least 10 full-time jobs for local workers.

Requirements:

  • Labor Certification: For EB-2 and EB-3, the US employer must show that no qualified US workers are available for the job through the PERM process.

  • Provided an offer of employment from an employer in the US (except for EB-1 extraordinary ability and EB-5 investors).

  • The applicant must submit Form I-140 (Immigrant Petition for Alien Worker), which the employer usually files on behalf of the immigrant.

3. Green Card through the Diversity Visa Lottery (DV Lottery)  

Eligibility: The Diversity Visa Lottery is a program that issues up to 55,000 visas annually to those who are from countries with low immigration rates to the US. The list of eligible countries updates or changes each year.

Requirements:

  • The applicant must be born in a qualifying country.

  • Applicants must have a high school education or its equivalent and two years of work experience in a job requiring at least two years of training.

  • The selection process is random, and winners must meet all eligibility criteria and complete the visa process within the set timeline.

4. Refugee or Asylee Status 

Eligibility: A person can apply for a Green Card after one year of US stay or being given asylum or refugee status.

Requirements:

  • The applicant must already be admitted to the US as a refugee or granted asylum.

  • Refugees and asylees must file Form I-485 (Application to Register Permanent Residency or Adjust Status) after one year of US stay.

  • Continued eligibility is required, meaning the applicant must still meet the refugee or asylee definition and not have resettled in another country.

5. Special Immigrant Categories 

Eligibility: Certain individuals may qualify for a Green Card under special circumstances. This category includes:

  • Religious workers.

  • Special immigrant juveniles (children who have been abandoned or abused).

  • Citizens from both Afghanistan and Iraq who worked for the US government.

Requirements:

  • Applicants must submit Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) and provide documentation proving their special immigrant status.

  • Must meet admissibility standards, including background checks and health screenings.

6. General Eligibility and Admissibility Requirements  

Regardless of the Green Card category, all applicants must meet specific general eligibility and admissibility criteria:

  • Health: Immigrants must pass a medical examination, including tests for infectious diseases.

  • Criminal History: Individuals with certain criminal convictions or involvement in terrorist activities may be ineligible for a Green Card.

  • Public Charge Rule: Immigrants must demonstrate that they will not rely on government assistance and have sufficient financial support.

  • Security Clearances: Applicants must not pose a threat to US national security

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Affidavit of Support 101: Quick Guide

The Affidavit of Support (Form I-864) is a required document in marriage-based green card applications. It shows that the U.S. citizen or lawful permanent resident (LPR) spouse can financially support the foreign spouse and prevent them from relying on government assistance.

What is the Affidavit of Support?

Form I-864 is a legally binding contract where the sponsor agrees to support the immigrant spouse if necessary. This obligation lasts until the immigrant becomes a U.S. citizen or has worked in the U.S. for about 10 years.

Who Needs to File It?

  • Primary Sponsor: The U.S. citizen or LPR spouse must file Form I-864.

  • Joint Sponsor: If the primary sponsor’s income is below the required level, a joint sponsor can file to help meet the financial requirements.

Financial Requirements

  • Income Level: The sponsor’s income must meet at least 125% of the Federal Poverty Guidelines for their household size.
  • Using Assets: If income falls short, assets like savings, real estate, or stocks can help meet the requirement.

Steps to Complete Form I-864

  1. Gather Financial Documents: Include tax returns, W-2s, pay stubs, and proof of assets if needed.

  2. Calculate Household Size: List all household members to determine the required income level.

  3. Complete the Form: Provide income and asset details, and attach supporting documents.

  4. Sign and Submit: Ensure the sponsor signs the form; if using a joint sponsor, they need to submit a separate I-864.

Key Tips

  • Check Income Requirements: Make sure you meet the income level before filing.

  • Organize Financial Documents: Thorough documentation helps avoid processing delays.

Summary

The Affidavit of Support is a critical part of the marriage-based green card application, showing the sponsor’s ability to support the immigrant. Following the financial guidelines and submitting complete documentation can help you avoid delays.

Scroll down to read the Full Version.

Requirements for Getting a Green Card (US. Permanent Residency)

Want a shorter version? Click the bar above for a simple version.

Green Card allows foreign citizens to work and live permanently in the United States. There are several pathways through which an individual can apply for a Green Card, each with specific requirements.

Here’s a breakdown of the most common ways to obtain a Green Card:

1. Family-Based Green Card

Eligibility: This is one of the most common ways to obtain a Green Card. Local American citizens or lawful permanent residents can sponsor close family members. There are two main groups:

  • Immediate Relatives: Husband or wife, children under the age of 21 who are not yet married, and parents of US citizens. Annual quotas are not subject to this category, making it one of the fastest paths to a Green Card.

  • Family Preference Categories: This includes relatives such as unmarried children of US citizens (over 21), married children of US citizens, and siblings of US citizens. The wait times are longer due to annual caps on the number of visas issued.

Requirements:

  • A qualifying family relationship with an American citizen or lawful permanent resident.

  • The petitioner (US sponsor) must file Form I-130 (Petition for Alien Relative) with American Citizenship and Immigration Services (USCIS).

  • The sponsor must provide proof of financial support through an Affidavit of Support (Form I-864) to ensure the immigrant does not become a public charge.

  • Applicants must pass background checks, meet health standards, and not have a criminal history that could make them inadmissible.

2. Employment-Based Green Card  

Eligibility: Many immigrants gain permanent residency through employment. Based on the applicant’s qualifications and job type, there are five categories (EB-1 to EB-5).

  • EB-1: People with extraordinary ability in fields like arts, sciences, education, or business. Also includes multinational executives and outstanding researchers or professors.

  • EB-2: Professionals holding degrees or individuals with exceptional field ability.

  • EB-3: Skilled workers (those with at least two years of experience), professionals (with a US bachelor’s degree or equivalent), and other workers (for jobs requiring less than two years of training).

  • EB-4: For special immigrants, including religious workers, translators for the US government, and certain employees of international organizations.

  • EB-5: This is for investors who invest at least $1.05 million above (or $800,000 in targeted employment areas) in a US commercial enterprise and create at least 10 full-time jobs for local workers.

Requirements:

  • Labor Certification: For EB-2 and EB-3, the US employer must show that no qualified US workers are available for the job through the PERM process.

  • Provided an offer of employment from an employer in the US (except for EB-1 extraordinary ability and EB-5 investors).

  • The applicant must submit Form I-140 (Immigrant Petition for Alien Worker), which the employer usually files on behalf of the immigrant.

3. Green Card through the Diversity Visa Lottery (DV Lottery)  

Eligibility: The Diversity Visa Lottery is a program that issues up to 55,000 visas annually to those who are from countries with low immigration rates to the US. The list of eligible countries updates or changes each year.

Requirements:

  • The applicant must be born in a qualifying country.

  • Applicants must have a high school education or its equivalent and two years of work experience in a job requiring at least two years of training.

  • The selection process is random, and winners must meet all eligibility criteria and complete the visa process within the set timeline.

4. Refugee or Asylee Status 

Eligibility: A person can apply for a Green Card after one year of US stay or being given asylum or refugee status.

Requirements:

  • The applicant must already be admitted to the US as a refugee or granted asylum.

  • Refugees and asylees must file Form I-485 (Application to Register Permanent Residency or Adjust Status) after one year of US stay.

  • Continued eligibility is required, meaning the applicant must still meet the refugee or asylee definition and not have resettled in another country.

5. Special Immigrant Categories 

Eligibility: Certain individuals may qualify for a Green Card under special circumstances. This category includes:

  • Religious workers.

  • Special immigrant juveniles (children who have been abandoned or abused).

  • Citizens from both Afghanistan and Iraq who worked for the US government.

Requirements:

  • Applicants must submit Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) and provide documentation proving their special immigrant status.

  • Must meet admissibility standards, including background checks and health screenings.

6. General Eligibility and Admissibility Requirements  

Regardless of the Green Card category, all applicants must meet specific general eligibility and admissibility criteria:

  • Health: Immigrants must pass a medical examination, including tests for infectious diseases.

  • Criminal History: Individuals with certain criminal convictions or involvement in terrorist activities may be ineligible for a Green Card.

  • Public Charge Rule: Immigrants must demonstrate that they will not rely on government assistance and have sufficient financial support.

  • Security Clearances: Applicants must not pose a threat to US national security

Share the Post:

More immigration 101

Immigration Terminology
Affidavit of Support 101: Financial Requirements for a Marriage-Based Green Card
Green Card Interview Prep 101: What to Expect for Marriage-Based Applicants
Conditional Green Card 101: How to Remove Conditions and Secure Permanent Residency
Immigration Terms 101: Key Terms for Marriage-Based Green Card Applicants
Avoiding Common Green Card Mistakes: Tips for Marriage-Based Applicants
Consular Processing 101: Your Step-by-Step Guide to a Marriage-Based Green Card Abroad
Adjustment of Status 101: How to Apply for a Green Card Without Leaving the U.S.
Travel and Work Authorization 101: Advance Parole & EAD for Green Card Applicants
Marriage-Based Green Card 101: Your Basic Guide to U.S. Residence Through Marriage

More FAQs

Immigration Terminology
Affidavit of Support 101: Financial Requirements for a Marriage-Based Green Card
Green Card Interview Prep 101: What to Expect for Marriage-Based Applicants
Conditional Green Card 101: How to Remove Conditions and Secure Permanent Residency
Immigration Terms 101: Key Terms for Marriage-Based Green Card Applicants
Avoiding Common Green Card Mistakes: Tips for Marriage-Based Applicants
Consular Processing 101: Your Step-by-Step Guide to a Marriage-Based Green Card Abroad
Adjustment of Status 101: How to Apply for a Green Card Without Leaving the U.S.
Travel and Work Authorization 101: Advance Parole & EAD for Green Card Applicants
Marriage-Based Green Card 101: Your Basic Guide to U.S. Residence Through Marriage

More Articles

Immigration Terminology
Affidavit of Support 101: Financial Requirements for a Marriage-Based Green Card
Green Card Interview Prep 101: What to Expect for Marriage-Based Applicants
Conditional Green Card 101: How to Remove Conditions and Secure Permanent Residency
Immigration Terms 101: Key Terms for Marriage-Based Green Card Applicants
Avoiding Common Green Card Mistakes: Tips for Marriage-Based Applicants
Consular Processing 101: Your Step-by-Step Guide to a Marriage-Based Green Card Abroad
Adjustment of Status 101: How to Apply for a Green Card Without Leaving the U.S.
Travel and Work Authorization 101: Advance Parole & EAD for Green Card Applicants
Marriage-Based Green Card 101: Your Basic Guide to U.S. Residence Through Marriage