What Financial Documents Do I Need to Provide Under the Public Charge Rule?

IMPORTANT UPDATE — July 31, 2020: On July 29, 2020, a federal judge temporarily blocked the Trump administration from continuing to enforce its “public charge” rules while the United States is under a national public health emergency due to the coronavirus pandemic.

Under the public charge rule, which went into effect earlier this year, green card applicants need to provide numerous financial documents as part of their application. The U.S. government wants to see evidence that would-be immigrants have the financial means to support themselves when living in the United States, and therefore won’t become dependent on public benefits. It’s vital to provide the required financial documents; if officials decide you’re likely to become a public charge, they could deny your green card application.

In this guide, you will learn about:

1. Which immigration forms require financial statements
2. Who needs to provide financial evidence
3. Tax returns and proof of income
4. Types of assets and supporting documents
5. Types of debts and supporting documents
6. Credit report and credit score

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When applying for a green card, the U.S. government wants to get a full picture of your and your spouse’s financial situation. This guide will focus on the two public charge-related forms: Form I-944 (officially called the “Declaration of Self-Sufficiency”) which applies to applicants filing from within the United States, and Form DS-5540 (officially called the “Public Charge Questionnaire”), which applies to applicants filing from outside the United States.

IMPORTANT: This guide only covers the financial requirements for public charge-related forms. Note that the sponsoring spouse will need to provide financial evidence as part of the Affidavit of Support (Form I-864). Learn more about what’s needed for that form here.

Boundless can guide you through the entire marriage green card application process. Read more about what you get with Boundless, or get started today.

Almost anyone applying for a green card will need to provide evidence of their financial status as part of their green card application. For both forms I-944 and DS-5540, the spouse seeking a green card will need to provide financial statements regarding any assets, debts, and liabilities. These forms are used to prove the applicant’s financial stability, rather than the sponsor’s. The form’s intent is to determine whether the applicant is more likely than not to need to use public benefits for more than 12 months within any 36-month period.

There is one important difference between the two forms: Along with the applicant, anyone considered a household member needs to provide evidence of any assets, debts, and liabilities with Form I-944. This is not a requirement for the DS-5540.

There are some categories of immigrants that are exempt from the public charge rule, and don’t need to file Form I-944 or Form DS-5540. These include applicants seeking a green card on humanitarian grounds, through family ties to a deceased U.S. soldier, through special programs such as the Cuban Adjustment Act, or as a victim of a crime. Check the form instructions for full details.

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The spouse seeking a green card is required to provide evidence that they have filed taxes and earn an income. The requirements differ slightly for each form.

Form I-944

Tax Transcripts, Returns, and Proof of Income

Form DS-5540

Tax Transcripts, Returns, and Proof of Income

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The spouse seeking a green card will need to list their household’s assets and resources — in other words, not the money they earn each year, but the value of the savings, property, and other things that they own. They are only allowed to include assets that they could sell (or liquidate and turn into cash) within 12 months.

Types of assets might include bank accounts, stocks and investments, and houses or real estate. The applicant needs to provide evidence of their assets, such as bank statements or property deeds.

Below you’ll find a detailed list of the types of assets an applicant can include, as well as the value calculations and acceptable forms of evidence of those assets.

Note: All values must be in U.S. dollars. To determine the exchange rate of non-U.S. currency to U.S. dollars, use an online currency converter such as XE.

NOTE TO BOUNDLESS CUSTOMERS FILING FORM DS-5540: Customers who have been instructed to submit their application through the NVC CEAC portal do not need to include the following documents with their application. Rather, they need to bring these documents to the green card interview. However, Boundless customers who are direct filing do need to include the following documents with their application.

Form I-944

Assets, Documents, and Value Calculation:

Form DS-5540

Assets, Documents, and Value Calculation:

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The spouse seeking a green card will also need to list their liabilities and debts, and include supporting evidence. This might include credit card statements, car loans, mortgages, outstanding child support payments or tax bills, or any other debts that they owe to other people or institutions.

Below you’ll find a detailed list of the types of debts and liabilities an applicant should include, as well as the value calculations and acceptable forms of evidence.

Note: All values must be in U.S. dollars. To determine the exchange rate of non-U.S. currency to U.S. dollars, use an online currency converter such as XE.

NOTE TO BOUNDLESS CUSTOMERS FILING FORM DS-5540: Customers who have been instructed to submit their application through the NVC CEAC portal do not need to include the following documents with their application. Rather, they need to bring these documents to the green card interview. However, Boundless customers who are direct filing do need to include the following documents with their application.

Form I-944

Financial Liabilities and Documents:

Form DS-5540

Financial Liabilities and Documents:

Not sure if you qualify for a marriage-based green card? You can check your eligibility through Boundless without providing any personal or financial information. When you’re ready to apply, Boundless can guide you through every milestone of the marriage-based green card process. Learn more, or get started today.

If you’re applying from within the United States, using Form I-944, you’ll need to provide details about your credit record and your credit score. Note that applicants filing from outside the United States, using Form DS-5540, do not need to submit a U.S. or international credit report.

Your credit report is a record of your history of repaying your debts. Your credit score is a number between 300 and 850 and tells a lender how reliably you

You can order a free copy of your credit report every 12 months from each of the 3 main credit agencies. Applicants only need to include one copy from a single agency with their I-944.

If an applicant recently arrived in the United States, they should provide their non-U.S. credit report. If they haven’t used credit cards or taken on financial debt, they might not have a credit report or a credit score. In that case, they may include other information – such as bills they’ve paid on time – to show they are financially reliable. Applicants may want to take a screenshot showing that they at least tried to get a credit report from one of the 3 credit agencies.

If an applicant has any negative items on their credit report, such as unpaid bills or debts, or a credit score below 580, then they should include a written statement explaining the situation.

With Boundless, you get the peace of mind that comes with having an independent immigration attorney who answers your confidential questions and reviews your entire green card application — for no additional fee. Ready to start? Learn more about what you get with Boundless, or check your eligibility now.

related information

What Is the Public Charge Rule?

Income Requirements For a Marriage Green Card

What Is the Difference Between Adjustment of Status and Consular Processing?

How to Fill Out Form I-944 (“Declaration of Self-Sufficiency)”

How to Complete Form DS-5540 (“Public Charge Questionnaire”)