How to Handle Gaps in Employment or Income When Sponsoring a Family Member for a Green Card

Sponsoring a family member for a green card is one of the most generous acts a U.S. citizen or lawful permanent resident can take. However, the financial requirements involved can present challenges, especially if you have experienced recent employment gaps or fluctuations in income. To meet the legal standard, sponsors must prove they have the financial ability to support the intending immigrant and ensure they will not become a public charge.

At Sharma Law Associates, LLC, our New York immigration attorneys regularly assist clients who want to sponsor family members but are unsure how their employment history or income level will affect the process. With the proper documentation and legal strategy, it is often possible to move forward, even with an uneven financial background.

Understanding the Affidavit of Support Requirement

Form I-864, Affidavit of Support, is required in most family-based green card applications. It is a legally binding contract in which the sponsor agrees to support the immigrant if necessary financially. USCIS uses this form to ensure the applicant will not rely on public benefits after entering or adjusting status in the United States.

To qualify as a sponsor, you must:

· Be at least 18 years old.

· Be a U.S. citizen or lawful permanent resident.

· Maintain a U.S. domicile.

· Meet or exceed 125 percent of the Federal Poverty Guidelines for your household size.

Current income is one of the most critical factors, but it is not the only consideration. Sponsors with gaps in employment or recent income losses may still qualify under certain conditions.

Using Recent Tax Returns and Annualized Income

If you had a steady income for most of the year but became unemployed shortly before filing, USCIS will still review your most recent tax return and current job status.

In some cases, applicants who recently left a job can rely on:

· Prior year tax returns showing adequate income.

· A history of consistent earnings over the past three years.

· A letter of explanation that outlines the reason for the gap and future employment plans.

At Sharma Law Associates, LLC, we help sponsors draft clear explanations and organize financial documents to present a complete picture of their financial situation.

When Assets Can Be Used to Supplement Income

If your current income does not meet the minimum threshold, you may be able to use assets to make up the difference.

Acceptable assets can include:

· Savings and checking account balances.

· Stocks, bonds, or retirement accounts.

· Real estate equity (with documentation of current market value and any mortgages).

The total value of assets must be at least five times the shortfall between your income and the required minimum. For sponsoring a spouse or child who is a U.S. citizen, the ratio drops to three times the shortfall.

We help clients calculate these amounts and gather proof of asset ownership in a format that USCIS accepts.

Building a Strong and Honest Filing Strategy

USCIS reviews the sponsor’s financial situation carefully, but it also considers the totality of the circumstances. A thoughtful, well-documented application that acknowledges and explains income gaps can still be approved. Attempting to hide or minimize inconsistencies may raise red flags and delay your petition.

At Sharma Law Associates, LLC, we work with clients to present their finances honestly and strategically. We understand how life circumstances can affect income, and we help build solutions that allow families to stay together.

Let Our Team Help You Move Forward

Sponsoring a loved one for a green card should not be out of reach because of a short-term financial issue. With careful planning and experienced legal support, many sponsors overcome employment gaps or income concerns.

To speak with our New York immigration attorneys about your case, contact Sharma Law Associates, LLC at 646-374-3480, online, or schedule a personalized consultation on our calendar. We are here to help you support the people who matter most.