Who is a joint sponsor?
A joint sponsor is a person who is willing to financially support an immigrant visa applicant to help them meet the income requirements for obtaining a visa or green card. Joint sponsorship is commonly used in family-based immigration cases, particularly when the primary sponsor (petitioner or petitioner’s spouse) doesn’t meet the income threshold required to support the intending immigrant.
In the context of a marriage-based green card application, a joint sponsor typically comes into play when the U.S. citizen or permanent resident spouse, who is the primary sponsor, doesn’t meet the minimum income requirements to sponsor their foreign spouse for a green card. The joint sponsor, who must be a U.S. citizen or lawful permanent resident, steps in to provide financial support by submitting Form I-864, Affidavit of Support, along with their own financial documentation.
Key points about a joint sponsor:
- Financial Responsibility: A joint sponsor takes legal responsibility for financially supporting the intending immigrant and ensuring they do not become a public charge (rely on government assistance) after obtaining their green card.
- Eligibility: To be a joint sponsor, the person must be a U.S. citizen or lawful permanent resident, be at least 18 years old, and have a primary residence in the U.S.
- Income Requirements: The joint sponsor must meet the income requirements set by the U.S. government. These income thresholds vary based on factors like family size and location.
- Affidavit of Support: The joint sponsor must complete and sign Form I-864, Affidavit of Support, committing to financially support the intending immigrant and any dependents they are sponsoring.
- Financial Documentation: The joint sponsor must provide evidence of their income and financial resources, including tax returns, pay stubs, bank statements, and other relevant financial documents.
- Relationship to Intending Immigrant: The joint sponsor does not need to have any familial relationship with the intending immigrant. They can be a friend, colleague, or other acquaintance who is willing and able to provide financial support.
- Obligations: By signing the Affidavit of Support, the joint sponsor agrees to financially support the intending immigrant and any sponsored family members until they meet certain conditions, such as becoming a U.S. citizen, working for 10 years, or losing permanent residency status.
It’s important to note that the joint sponsor’s income and assets are added to the primary sponsor’s income to determine if the household meets the minimum income requirement. If you are considering using a joint sponsor, it’s recommended to carefully review the requirements, consult with an immigration attorney if needed, and ensure that all necessary forms and documentation are properly submitted as part of the immigration application.
Who needs a joint sponsor?
A joint sponsor is needed in situations where the primary sponsor (usually the petitioner or petitioner’s spouse) does not meet the minimum income requirements to sponsor an immigrant visa applicant or a green card applicant. In the context of marriage-based green card applications, a joint sponsor may be required when the sponsoring spouse’s income falls below the necessary threshold for the intending immigrant and any dependents.
Here are some common scenarios where a joint sponsor might be necessary:
- Insufficient Income: The primary sponsor’s income, as determined by the U.S. government’s poverty guidelines, does not meet the requirements for the number of individuals they are sponsoring (including themselves, the intending immigrant, and any other dependents).
- Unemployment or Limited Income: The primary sponsor may be unemployed, have an income that does not meet the requirements, or have limited employment history.
- Inconsistent Income: The primary sponsor’s income might be irregular or not stable enough to meet the income requirements.
- Self-Employed Individuals: Self-employed sponsors may have difficulty demonstrating a consistent income that meets the requirements.
- Retired or on Fixed Income: Sponsors who are retired or on a fixed income might not meet the income requirements on their own.
- Short Tax History: If the primary sponsor has not filed tax returns for the most recent tax year, they might need a joint sponsor to meet the income requirements.
- Non-U.S. Citizen Sponsors: If the primary sponsor is not a U.S. citizen and does not meet the income requirements, they may require a joint sponsor who is a U.S. citizen or permanent resident.
In these situations, a joint sponsor steps in to provide additional financial support by submitting Form I-864, Affidavit of Support. The joint sponsor’s income and assets are combined with the primary sponsor’s income to meet the required threshold.
It’s important to note that using a joint sponsor is a serious commitment. The joint sponsor is legally responsible for financially supporting the intending immigrant and ensuring they do not become a public charge. Both the primary sponsor and the joint sponsor must submit the necessary forms and documentation to demonstrate their ability to provide financial support. If you find yourself in a situation where a joint sponsor is necessary, it’s recommended to consult with an immigration attorney to ensure that the process is handled correctly and that all requirements are met.
Joint sponsor minimum income requirements
The minimum income requirements for a joint sponsor depend on various factors, including the number of people being sponsored and the sponsor’s household size. The U.S. government sets income thresholds based on the Federal Poverty Guidelines (FPG), and these thresholds are updated annually. Here’s a general overview of the minimum income requirements for a joint sponsor:
- Sponsor’s Household Size: This includes the sponsor, their spouse (if applicable), any dependents, and the intending immigrant.
- Income Requirements: The sponsor’s income must meet or exceed 125% of the FPG for their household size. Keep in mind that the specific amount varies depending on the year and the location of the sponsor’s primary residence.
- Household Size Considerations: The total household size includes the sponsor, their spouse (if applicable), children, other dependents, and the intending immigrant. It’s important to count everyone who will be living in the sponsor’s household.
- Geographic Location: In some cases, the minimum income requirements can vary based on the geographic location of the sponsor’s primary residence. Higher-cost-of-living areas may have higher income requirements.
- Form I-864P: USCIS provides the Form I-864P, Poverty Guidelines, on its website. This form includes the income thresholds based on household size and location.
Since the income requirements are subject to change and can vary depending on your specific circumstances, it’s crucial to use the most up-to-date information from the USCIS website when determining the minimum income requirements for a joint sponsor. Make sure to review the most recent Form I-864P to accurately calculate the required income.
Additionally, keep in mind that using a joint sponsor is a serious commitment. The joint sponsor is legally responsible for financially supporting the intending immigrant and ensuring they do not become a public charge. It’s advisable to consult with an immigration attorney to ensure that all requirements are met and that the proper documentation is submitted as part of the immigration application.
What documents a joint sponsor must submit to USCIS?
A joint sponsor plays a crucial role in helping an immigrant visa applicant meet the minimum income requirements for obtaining a visa or green card. To support the application, a joint sponsor must submit certain documents to the U.S. Citizenship and Immigration Services (USCIS) to demonstrate their financial ability to sponsor the intending immigrant. Here’s a list of documents that a joint sponsor typically needs to submit:
- Form I-864, Affidavit of Support:
- Complete and sign Form I-864, officially titled “Affidavit of Support Under Section 213A of the INA.” This form is the legal contract in which the joint sponsor commits to financially support the intending immigrant and prevent them from becoming a public charge.
- Income Documentation:
- Copies of the joint sponsor’s most recent federal tax returns (Form 1040) with all attachments, schedules, and W-2 or 1099 forms.
- If the joint sponsor has filed taxes using a Form 1040A, 1040EZ, or foreign income tax return, they may need to provide additional documentation.
- Proof of Current Employment:
- Pay stubs or employment verification letter that demonstrates the joint sponsor’s current employment and income.
- If the joint sponsor is self-employed, they should provide business records, profit and loss statements, and other relevant documentation.
- Proof of Assets (if applicable):
- If the joint sponsor’s income alone doesn’t meet the requirements, they can supplement their income with assets. Documents showing ownership and value of assets like real estate, stocks, bonds, and savings accounts should be provided.
- Proof of U.S. Citizenship or Lawful Permanent Residency:
- Copy of the joint sponsor’s U.S. passport, birth certificate, Certificate of Naturalization, or green card as applicable.
- Form I-864A (if applicable):
- If the joint sponsor’s household size includes dependents not listed on Form I-864, they should include Form I-864A, “Contract Between Sponsor and Household Member,” along with documentation for those dependents.
- Proof of Domicile:
- Proof of the joint sponsor’s primary residence in the United States, which can include a lease agreement, mortgage statement, or utility bills.
- Proof of Relationship to Intending Immigrant:
- If applicable, documents that demonstrate the joint sponsor’s relationship to the intending immigrant (e.g., marriage certificate if sponsoring a spouse).
- Photocopy of U.S. Passport or Green Card:
- A photocopy of the joint sponsor’s U.S. passport or green card for verification purposes.
- Additional Documentation (if applicable):
- Any other documents requested by USCIS as part of the sponsorship process.
It’s important to note that the joint sponsor’s documentation needs to meet the minimum income requirements based on their household size and location. The specific forms and evidence required may vary based on individual circumstances, so it’s advisable to review the USCIS instructions and consult with an immigration attorney to ensure that you provide accurate and complete documentation to support the intending immigrant’s application.
