When applying for a marriage visa as the spouse of a US citizen there are various requirements that must be met, not least proof that your US spouse can financially support you without the need for government assistance.
The minimum income requirements to sponsor a spouse for a US visa are determined by the US Department of Health and Human Services (HHS) Poverty Guidelines and are updated annually. The guidelines were last updated in January 2025.
The following guide looks specifically at the marriage visa income requirements that you and your spouse must prove to US Citizenship and Immigration Services (USCIS), from the income thresholds to using assets to make up any shortfall.
US Marriage visa rules
A marriage visa is the permission given to you as the foreign spouse of a US citizen that will enable you to live and work in the United States on an indefinite basis. In short, a marriage visa is a type of green card granting you, as the applicant, lawful permanent residence in the United States.
There are two main routes to apply for a US marriage visa, either of which will enable you to set up a new life with your spouse in the USA:
- An immigrant visa, otherwise referred to as either a CR1 or IR1 visa, enabling you to enter the United States as a lawful permanent resident from the outset.
- A nonimmigrant visa, otherwise referred to as the K3 visa, enabling you to join your spouse in the United States under a temporary classification pending approval of your immigrant petition.
A CR1 visa is an immigrant visa that allows the spouse of a US citizen to enter and live in the United States as a conditional permanent resident. The acronym “CR” stands for “Conditional Residency” and will be granted in circumstances where your marriage is less than 2 years old.
Thereafter, you will be eligible to apply with your spouse to remove your conditional status within 90 days before the 2-year anniversary of your entry into the United States under your immigrant visa.
The IR1 visa is for “Immediate Relatives” and will be granted in circumstances where you have been married for more than 2 years.
he K3 visa, on the other hand, is for the spouse of a US citizen who is looking to shorten any physical separation with their loved one by first applying for a non-immigrant visa abroad, and moving to the United States in the interim whilst a decision is made as to the grant of permanent resident status.
Thereafter, once your immigrant petition has been approved, you can apply to adjust your status to become a permanent resident.
In most cases, however, the K3 visa will not prove necessary as USCIS will approve the immigrant visa petition as quickly as a non-immigrant visa.
US marriage visa requirements
There are various procedural steps that must be taken when applying for an immigrant or non-immigrant marriage visa, although in either case your US spouse must file a petition on your behalf. This establishes a qualified relationship for the purposes of a family-based permanent residence application.
In the case of the CR1 or IR1 visa, your spouse will need to file Form I-130, Petition for Alien Relative, whilst for the K3 visa s/he will need to file two petitions, namely Form I-130, as well as Form I-129F Petition for Alien Fiancé(e).
As part of the petition process, your US spouse will primarily need to demonstrate to USCIS that your marriage is genuine and made in good faith, rather than a sham for the purposes of unlawfully procuring a green card.
Your petitioning spouse will also be required to submit Form I-864, Affidavit of Support, by way of evidence of their means, together with supporting documentation. This is to demonstrate that they have the ability to provide sufficient financial support such that you won’t become a public charge.
Minimum income to sponsor a spouse in the US
When applying for a US marriage visa, the household income of the petitioning spouse must be at least 125% of the current poverty level, as per the guidelines shown on Form I-864P, HHS Poverty Guidelines for Affidavit of Support for the relevant year. For active-duty military sponsors petitioning for their spouse, the requirement is 100% of the guidelines.
This is calculated based on the sponsor’s household size although slightly different thresholds apply depending on where in the United States your spouse is resident. The household size includes the sponsor, any dependents, any relatives living with them, as well as you as the foreign spouse.
2025 HHS Poverty Guidelines
For the 48 Contiguous States, the District of Columbia, Puerto Rico, the US Virgin Islands, Guam and the Commonwealth of the Northern Mariana Islands, the current poverty levels are set at:
Sponsor’s Household Size |
100% of HHS Poverty Guidelines* |
125% of HHS Poverty Guidelines* |
---|---|---|
For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child | For all other sponsors | |
2 | $21,150 | $26,437 |
3 | $26,650 | $33,312 |
4 | $32,150 | $40,187 |
5 | $37,650 | $47,062 |
6 | $43,150 | $53,937 |
7 | $48,650 | $60,812 |
8 | $54,150 | $67,687 |
Add $5,500 for each additional person | Add $6,875 for each additional person |
For Alaska, the current poverty levels are set at:
Sponsor’s Household Size |
100% of HHS Poverty Guidelines* |
125% of HHS Poverty Guidelines* |
---|---|---|
For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child | For all other sponsors | |
2 | $24,320 | $30,400 |
3 | $30,650 | $38,312 |
4 | $36,980 | $46,225 |
5 | $43,310 | $54,137 |
6 | $49,640 | $62,050 |
7 | $55,970 | $69,962 |
8 | $62,300 | $77,875 |
Add $6,300 for each additional person | Add $7,913 for each additional person |
For Hawaii, the current poverty levels are set at:
Sponsor’s Household Size |
100% of HHS Poverty Guidelines* |
125% of HHS Poverty Guidelines* |
---|---|---|
For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child | For all other sponsors | |
2 | $24,320 | $30,400 |
3 | $30,650 | $38,312 |
4 | $36,980 | $46,225 |
5 | $43,310 | $54,137 |
6 | $49,640 | $62,050 |
7 | $55,970 | $69,962 |
8 | $62,300 | $77,875 |
Add $6,330 for each additional person | Add $7,913 for each additional person |
What if my spouse cannot meet the financial requirements?
If your US spouse cannot meet the minimum income requirements using their earned income, they may add the cash value of any assets they own to make up any shortfall. This includes money in savings accounts, any property, as well as stocks and bonds. However, generally speaking, USCIS requires assets that “can be converted into cash within one year and without considerable hardship or financial loss to the owner.”
Further, to determine the amount of assets required to qualify, your spouse will need to subtract their household income from the minimum income requirement, ie; 125% of the poverty level for your family size. They must then prove the cash value of their assets is worth three times this difference.
By way of alternative option, your spouse may also count the income and assets of members of their household who are related to them by birth, marriage or adoption. However, to be able to include the income of such relatives, they must have lived with your spouse for the last six months or be listed as dependents on your spouse’s most recent federal tax return.
If you meet these criteria yourself, as the spouse of the sponsoring US citizen living in the same household, your spouse may also include the value of your income in their calculations. They can also include any assets that you own in any event.
Please note, where your spouse is seeking to rely upon the income and assets of a member of their household, any such relative must complete Form I-864A, Contract Between Sponsor and Household Member.
Need assistance?
As specialists in US immigration, NNU’s London-based attorneys have extensive experience in advising on US spouse visa applications. If you have a query, contact us for guidance.
Marriage visa income requirements FAQs
What are the income requirements for a US marriage visa?
The sponsoring spouse must meet at least 125 percent of the Federal Poverty Guidelines for their household size, including the intending immigrant.
How is household size calculated for income purposes?
Household size includes the sponsor, their dependents, any relatives living in the household, and the immigrant spouse being sponsored.
What if the sponsor does not meet the income threshold?
A joint sponsor may be used if the primary sponsor’s income falls short. The joint sponsor must also meet the full income requirement independently.
Do assets count toward meeting the income requirement?
Certain assets can be used to make up for an income shortfall. These must be easily convertible to cash within one year.
Can income from abroad be used to qualify?
Only income that will continue after moving to the United States and is earned from lawful sources is typically considered.
What documents are required to prove income?
Sponsors must usually submit their most recent federal tax return, W-2s, and evidence of current employment or income.
Is self-employment income acceptable?
Yes, but self-employed sponsors must provide more detailed documentation, such as tax transcripts and proof of ongoing business activity.
How often do income requirements change?
The Federal Poverty Guidelines are updated annually, usually early in the calendar year, and the required income levels adjust accordingly.
Is the income requirement different for military sponsors?
Active-duty military members sponsoring a spouse need to meet only 100 percent of the Federal Poverty Guidelines.
What happens if income cannot be verified?
If sufficient income or assets cannot be proven, the petition may be denied unless a joint sponsor or alternative qualifying evidence is provided.
Glossary
Term | Definition |
---|---|
US Visa | An official document that allows a foreign national to enter the United States for a specific purpose, such as marriage or family sponsorship. |
Spouse Sponsorship | The process by which a US citizen or permanent resident petitions for their foreign spouse to immigrate to the United States. |
Affidavit of Support | A legally binding document (Form I-864) signed by the sponsor to prove they have sufficient income or assets to support the intending immigrant. |
Federal Poverty Guidelines | The income levels published by the US Department of Health and Human Services used to determine eligibility for various federal programs, including immigration sponsorship. |
Household Size | The number of individuals counted when determining income requirements, including the sponsor, dependents, and the immigrant spouse. |
Joint Sponsor | An additional sponsor who agrees to financially support the immigrant if the main sponsor does not meet the income requirement. |
Form I-864 | The Affidavit of Support form required in most family-based immigration cases to prove financial responsibility. |
Form I-130 | The petition filed by a US citizen or lawful permanent resident to begin the process of sponsoring a foreign spouse or relative. |
Public Charge Rule | A guideline used to determine whether an immigrant is likely to rely on government benefits, impacting the approval of visa applications. |
Tax Transcripts | Official IRS documents that summarize a taxpayer’s income and tax filings, often required to verify sponsor income. |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/