Can I request a waiver if the sponsor has no income?

Let’s start by understanding that, for the CR-1 visa (which allows permanent residence for the spouse of a U.S. citizen or permanent resident), there is a requirement for a sponsor who assumes financial responsibility by proving that they have sufficient income or assets to meet the support level required by the United States government. This proof is provided through Form I-864, the Affidavit of Support.

As a rule, the sponsor needs to demonstrate that their income, or the combined income if there is a co-sponsor, reaches at least 125% of the poverty level established by the government for the family size. If the sponsor has no income, this normally suggests they will not be able to meet the financial requirements directly.

Unfortunately, this situation does not open an automatic path to request a waiver of the Affidavit of Support requirement. Waiver procedures are quite limited and applied to exceptional circumstances, such as demonstrating that the absence of the sponsor’s financial guarantee would result in extreme hardship or other serious humanitarian issues, a situation that needs to be very well substantiated and proven.

Practically speaking, if the sponsor has no income, the most common alternative is to seek a joint sponsor – or even include income from additional household members – who have the financial means to meet the established criteria. This solution strengthens the petition by showing that there is adequate financial backing for the new resident and complies with legal requirements without needing to resort to a waiver.

If the situation is truly unique, it is fundamental to remember that the waiver path for the Affidavit of Support is very restrictive and depends on specific and extraordinary factors. It is always recommended to obtain detailed information on the criteria and, if possible, to contact official sources or immigration specialists to properly analyze the possibility of the waiver.

This caution helps avoid problems with immigration law and falling for misleading promises offered by marketing campaigns or sources without proper expertise.

In summary, it is not common to obtain a waiver simply because the sponsor has no income. Usually, the safest way is to look for alternatives, such as including a joint sponsor, to meet the financial requirements of the CR-1 visa.

We always remind that following U.S. immigration laws and seeking information from official sources or recognized specialists is fundamental for a smooth and correct process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.