Marriage-Based Green Card: What to Do If Sponsor Income Is Insufficient? (2026 Guide)

You are about to start a new life with your American spouse, but as we enter 2026, are rising living costs and updated immigration limits making you nervous? Specifically, the “Insufficient Annual Income” issue often encountered when filling out the Form I-864 (Affidavit of Support) keeps many couples awake at night.

“My income on my 2025 tax return is below the new limit; will my application be denied?”

Don’t worry. If you have savings in the bank, an investment portfolio, or a retirement account, US immigration laws offer you a fantastic “Plan B.”

In this guide, we explain how to cover the income gap using the “Assets” method and the famous “3x Rule” with updated figures for 2026.

1. First Question: How Much Income is Required for Sponsorship in 2026?

In Green Card applications, the primary duty of the sponsor (the US citizen spouse) is to guarantee that the immigrant spouse will not become a “Public Charge.” To do this, your annual household income must be at or above 125% of the Federal Poverty Guidelines.

As of 2026 (usually effective after March 1st), for a household of 2 people (you and your spouse), this figure is projected to rise to approximately $27,350 due to inflation adjustments.

The Scenario: Let’s say your annual income on your 2025 Tax Return shows $21,700.

  • Required (2026 Estimate): $27,350
  • Current Income: $21,700
  • Income Shortfall: $5,650

As you can see, the “shortfall” has grown slightly compared to last year due to the increased limits. So, will your file be rejected because of this $5,650 gap? No. This is where your savings come into play.

2. If Income Isn’t Enough, “Assets” Come into Play

United States Citizenship and Immigration Services (USCIS) allows you to count your “liquid assets” as income, even if your regular salary has been eroded by inflation.

Which assets can you use?

  • Bank deposits (Savings/Checking accounts).
  • Stocks, bonds, and certificates of deposit (CDs).
  • Retirement accounts (401k, IRA, etc. – See details below!).
  • Real estate with net equity.

Remember: $1 in the bank does not equal $1 of income. A specific mathematical formula is applied here.

3. The Golden Rule: What is the “3x Rule”?

In general immigration applications (like sponsoring a brother or parent), assets must equal 5 times the income shortfall. However, when a US Citizen is sponsoring a spouse, the government grants you a significant privilege: The 3x Rule.

This means you only need to show assets worth three times the amount of your income shortfall.

2026 Calculation Example:

Let’s continue with our scenario above. We had an annual shortfall of $5,650.

Formula: (Income Shortfall) x 3 = Required Asset Amount

Calculation: $5,650 x 3 = $16,950

In this case, if you can show a net value of $16,950 in your bank or investment account, your low annual income poses no problem!

4. Can Retirement Accounts and 401ks Be Used?

Here is a detail many people don’t know: Yes, you can use the money in your retirement accounts for sponsorship. However, USCIS looks at whether this money is “liquid” (immediately cashable).

If you have a retirement/investment fund of $46,000, the USCIS officer thinks: “If they withdraw this money today, how much penalty will they pay?”

Net Value Analysis:

  • Early withdrawal penalty from retirement accounts: Usually 10%.
  • Estimated tax withholding: Approximately 20%.
  • Total Deduction: 30%.

Even if 30% is deducted from the $46,000 in your account, you are left with $32,200 in net cash value. This is nearly double the $16,950 legally required for 2026. In other words, your financial situation is more than sufficient!

5. Checklist for 2026 Applications

If you are going to fill out Form I-864 using assets, do not forget to add these documents to your file:

  1. Choose the Right Form: If you are declaring assets, you cannot use the “I-864EZ” (short form). You must fill out the standard, long Form I-864.
  2. Current Account Statements: Statements covering the last 12 months dating back from your 2026 application date. Stability in account activity is important.
  3. Plan Description: If using a retirement account, include the “Terms of Withdrawal” page from your plan summary to prove the funds can be withdrawn (even if with a penalty).
  4. Explanatory Cover Letter: Don’t wait for the officer to use a calculator. Place a cover letter with a simple calculation table (like the one above) on top of your financial documents.

Conclusion: Don’t Panic, Be Strategic

As you can see, even if your $21,700 income from your 2025 tax return falls below the 2026 limits (approx. $27,350), it does not prevent you from getting a Green Card. Although the limits have increased, the “multiplier effect” of your savings continues to protect you.

Summary: Your $46,000 investment is still a very powerful tool to close the widening income gap. You can sponsor your spouse on your own strength without needing to look for a Joint Sponsor.


Don’t Risk Your Green Card Process: Get Expert Support

A small calculation error or a missing document on Form I-864 can cause your file to be delayed for months or even rejected. Don’t leave your future to chance.

Would you like your file to be reviewed according to the updated 2026 limits, your assets calculated correctly, and your application prepared flawlessly?

Contact Us: Click the button below or call us to speak with our expert team and create a roadmap tailored for you.

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J. Asim Clinch
J. Asim Clinch

Attorney J. Asim Clinch, the founder of Clinch Law Firm, completed his undergraduate studies at Marmara University School of Law and then earned his Master's degree at Southern Methodist University Dedman School of Law.

Registered with the Missouri Bar as an immigration attorney, Clinch has focused his entire career on U.S. immigration law and has gained extensive experience, having played an active role in over 1,000 immigration cases.

He possesses broad expertise, particularly in E2 investor visas, EB2 NIW (National Interest Waiver), EB1A extraordinary ability visas, L1A intra-company transfer visas, and marriage-based Green Card applications.

Attorney Clinch offers clients strategic and personalized guidance throughout these complex processes, providing reliable, effective, and results-oriented legal representation from the initial application step to the obtainment of permanent residency in the U.S.