Sponsoring a Spouse or Fiancé(e) From Vietnam and Financial Requirements (2026)

13/10/2026    19    5/5 trong 1 lượt 
Every year, thousands of American citizens sponsor a fiancée or spouse from Vietnam — and the financial requirement is where most delays and denials begin. The rules changed in 2026: new income thresholds took effect on March 1, and the public-charge test now looks far beyond the Affidavit of Support. Here's everything you need to prove, in plain English: the 2026 income tables, I-134 vs. I-864, assets and joint sponsors as backup plans, and the legal obligation you're actually signing.

Household Income Requirement

Most sponsors must prove household income of at least 125% of the Federal Poverty Guidelines for their household size. For a two-person household in the 48 contiguous states, that is $27,050 per year. Active-duty service members sponsoring a spouse or child may use the lower 100% level.

2026 Income Threshold — 48 Contiguous States

Form I-864P, effective 1 March 2026 — annual household income.
Household size 100% — active-duty military (spouse/child) 125% — all other sponsors
2 $21,640 $27,050
3 $27,320 $34,150
4 $33,000 $41,250
5 $38,680 $48,350
6 $44,360 $55,450
Each additional person + $5,680 + $7,100

Alaska and Hawaii use higher tables — at the 125% level a household of two needs $33,813 in Alaska and $31,113 in Hawaii. The 48-state table also covers D.C., Puerto Rico, the U.S. Virgin Islands, Guam and the Northern Mariana Islands.

Two Forms, Two Stages

Fiancé(e) visa · K-1

Form I-134 — Declaration of Financial Support

The consular officer requires the U.S. citizen petitioner to file Form I-134. The stated minimum is 100% of the poverty guideline (e.g., $21,640 for a household of two) — a lighter, non-binding declaration. However, please keep reading below...

Spouse visa CR-1 / IR-1 — and after a K-1 marriage

Form I-864 — Affidavit of Support

Immigrant-visa and adjustment-of-status cases require the enforceable Form I-864, at 125% of the poverty guideline. A K-1 couple files it with the green-card application after marrying.

Who Counts in Household Size

  • You, the sponsor
  • Your spouse
  • Children by birth, marriage or adoption living in your home
  • Anyone claimed as a dependent on your most recent tax return
  • The intending immigrant, plus derivative applicants arriving within six months
  • Anyone you still support under another active Form I-864
  • Relatives in your household who add income or assets through Form I-864A

If Your Income Falls Short

  • Assets. Cash value of at least 3× the shortfall when sponsoring a spouse or child of a U.S. citizen, or 5× for all other sponsors; convertible to cash within one year and documented.
  • A household member's income. Each contributor files Form I-864A and shows proof of income and status.
  • A joint sponsor. A separate person who independently meets 125% for their own household, including the immigrant. Joint sponsors cannot pool income to reach one threshold.

What You Submit

  • Most recent U.S. federal tax return, with W-2s or 1099s
  • Six months of pay stubs, or a letter from your employer
  • Proof of current employment and of U.S. citizenship or LPR status
  • Asset records: ownership, acquisition date, value and any liens
  • Form I-864A for each contributing household member
  • The 08/24/26 edition adds a privacy release letting USCIS query consumer-reporting agencies — clear any credit or security freeze to avoid delays

What Signing the I-864 Means

  • A legally binding contract with the U.S. government, valid indefinitely from the date you sign.
  • If the sponsored immigrant receives means-tested public benefits, the agency can demand repayment and sue the sponsor for the cost plus legal fees.
  • The duty continues until the immigrant becomes a U.S. citizen, works 40 qualifying quarters, leaves the U.S. permanently, or dies — with only limited exceptions.

Public Charge in 2026 — The Bigger Picture

  • On 16 July 2026 DHS rescinded the 2022 public-charge regulations; USCIS guidance effective 18 September 2026 applies a "totality of the circumstances" test to I-485 applications filed on or after that date.
  • Officers weigh five statutory factors: age, health, family status, assets/resources/financial status, and education and skills. Therefore, meeting 125% is now a floor, not a pass: a sufficient I-864 is only one factor. Benefits received on or after 18 Sep 2026 count broadly (cash aid, housing, food, government health coverage, college aid); earned benefits such as Social Security and Medicare do not.
  • At consulates, a November 2025 State Department cable already applies similar scrutiny to K-1 and immigrant-visa applicants, weighing the applicant's own health, age and English ability.

Sources: USCIS Form I-864P (HHS Poverty Guidelines for Affidavit of Support, eff. 1 Mar 2026); USCIS Form I-864 and 08/24/26 edition alert; U.S. Dept. of State I-864 FAQs and K-1 fiancé(e) visa page; USCIS alert, "USCIS Issues Guidance on Making Public Charge Inadmissibility Determinations" (18 Sep 2026); 9 FAM 302.8.

Disclaimer. General information only - not legal advice. Thresholds change annually and outcomes turn on the specific facts of a case; confirm current figures and strategy before filing.

Những câu hỏi thường gặp

1. Does divorce end my I-864 obligation?

No. This surprises almost everyone: divorce does not terminate the Affidavit of Support. Your obligation to the U.S. government continues until your ex-spouse becomes a U.S. citizen, completes 40 qualifying quarters of work (about 10 years), permanently leaves the United States, or passes away. Courts have consistently enforced this — a divorce decree or settlement cannot cancel a contract you signed with the federal government. This is why you should understand the I-864 fully before signing.

2. If I make my spouse sign a prenuptial agreement, am I off the hook after a divorce?

No — not toward the government. A prenup is a private contract between you and your spouse; it cannot override your I-864 contract with the United States. If your ex-spouse receives means-tested public benefits, the government can still come after you for repayment, regardless of what the prenup says. At most, a prenup may let you sue your ex-spouse to recover what you paid — but the government's claim lands on you first.

3. My wife has a child from a previous relationship. Once the child turns 18 (or 21), does my support obligation for them end?

No — turning 18 or 21 does not end the obligation. If you sponsored the child (each sponsored family member requires their own I-864), your duty continues under the same four termination conditions: the child naturalizes, earns 40 work quarters, departs the U.S. permanently, or dies. Age-based milestones (18 or 21) matter for visa eligibility categories. For example, a stepchild must be under 18 when the marriage creating the step-relationship occurred, but they do not switch off an I-864 that is already in force.

4. If my spouse never uses any public benefits, does the I-864 still matter?

Yes. Even if the government never asks you for a dollar, the I-864 has a second life most sponsors don't know about: your sponsored spouse can enforce it against you in court. Federal courts have allowed immigrants to sue their sponsors (including ex-spouses after divorce) for financial support at 125% of the poverty line if their own income falls below it. In practice, this is the most common way the I-864 gets enforced, through the immigrant, not the government.

5. When exactly does my obligation end?

Only when one of these four events happens: (1) the immigrant becomes a U.S. citizen; (2) the immigrant is credited with 40 qualifying quarters of work — quarters earned by a spouse during the marriage can count toward this; (3) the immigrant permanently abandons the U.S. (gives up the green card and leaves); or (4) the immigrant passes away. Note what is not on this list: divorce, separation, prenuptial agreements, the immigrant turning 18/21, or simply "a long time has passed."

6. What if I have no income at all — can I still sponsor my fiancée or spouse?

Yes. Your obligation to file the I-864 exists even with zero income, you simply won't meet the threshold by yourself. You then have two paths: (1) use assets worth at least 3× the income shortfall (for a spouse/child of a U.S. citizen) — for a household of two with no income in 2026, that means roughly $81,150 in cash-value assets; or (2) find a joint sponsor who independently meets 125% for their own household. Common real-life cases: students, recent graduates, new business owners with weak tax returns, or petitioners living abroad temporarily.
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