Joint Sponsor Requirements
When you petition a family member for a green card, immigration officials want to make sure that they have enough financial support and are not likely to rely on the government for assistance, also known as becoming a public charge in the U.S.
In most family-based immigration cases, the primary sponsor must submit Form I-864, Affidavit of Support, to prove that they meet the financial requirements. If they do not qualify on their own, they may need a joint sponsor.
Issues with joint sponsors can delay or complicate your family immigration case. That’s why it’s important to work with an immigration attorney who can support you throughout the process.
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What is a Joint Sponsor?
A joint sponsor may be needed when the original petitioner doesn’t meet the income requirements for Form I-864. This is somewhat common when a petitioner is a stay-at-home parent, a student, works part-time, or their family size is too large for their income to qualify.
Joint Sponsor Requirements for Form I-864
Joint sponsors must meet specific requirements. They have to be at least 18 years old, and either be a U.S. citizen, U.S. national, or lawful permanent resident. They must also have domicile (primary residence) in the United States.
The joint sponsor must qualify based on their own income and household size. You can’t add their income to the initial sponsor’s income and make up the difference. The joint sponsor must independently meet the requirements for their household, as well as the immigrants they are agreeing to sponsor.
Joint Sponsor Income Requirements
Joint sponsor income requirements are based on the federal poverty guidelines used for Form I-864. Typically, a sponsor must earn an income that’s at least 125% of the federal poverty level for the relevant household size. Some active-duty military petitioners sponsoring their spouse or child may qualify with a lower income, but a qualifying joint sponsor must meet the 125% rule.
It can be challenging for self-employed joint sponsors to qualify, as their gross business revenue is not the same as their personal income. You should expect to provide information on adjusted gross income, tax records, and proof that the income is ongoing. More proof may be necessary if your income fluctuates substantially throughout the year or changes from year to year.
Important Joint Sponsor Documentation
Be prepared to provide:
- Proof of immigration status
- Proof of U.S. domicile
- Federal tax records
- Evidence of current income
- Proof of assets if you are using them to qualify
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What Responsibilities Does a Joint Sponsor Accept?
It is crucial that joint sponsors understand the responsibility they are accepting when they submit their paperwork. Form I-864 is a binding Affidavit of Support, not an informal promise or character reference. By signing on as a joint sponsor, you are agreeing to provide financial support for the immigrant if necessary.
If the beneficiary receives certain public benefits, the government may come after you for repayment. This is a serious and potentially costly obligation, so it’s a decision that should not be made casually and should be discussed with a knowledgeable immigration lawyer.
How Long an Affidavit of Support Obligation Lasts
This obligation doesn’t go away if the sponsor changes their mind, if their relationship with the immigrant ends, or if the immigrant completely cuts contact. The obligation typically lasts until they become a U.S. citizen, have enough qualifying work quarters, leave the United States, or pass away.
Common Problems With Joint Sponsor Applications
Problems often arise due to incomplete documents, incorrect household size, outdated income evidence, or failing to understand that joint sponsors must qualify on their own rather than by simply combining income with the petitioning sponsor. These mistakes may lead to delays, requests for evidence, and denials. Working with an experienced immigration attorney can help avoid these and other errors.
How Din Law Group Can Help
If you may need a joint sponsor, we can help calculate household size, identify the appropriate financial threshold, and gather necessary documents for your application. We work to catch issues prior to submission to avoid unnecessary delays or requests for evidence. Legal guidance during this stressful time can make the entire process go more smoothly.
Discover Who Qualifies as a Joint Sponsor with Din Law Group
If you need a joint sponsor for your immigration application, submitting the right evidence matters. Let’s discuss your case and what the government may require for your application. Call us at 214-238-4130 or contact us online to schedule a consultation now.
