What is a Joint Sponsor for a Form I-864 Affidavit of Support?

A Joint Sponsor for Form I-864, Affidavit of Support, is an individual who agrees to share the financial responsibility for sponsoring an immigrant when the primary sponsor (the Petitioner) does not meet the minimum income requirements. The joint sponsor must meet certain eligibility criteria and file their own Form I-864 in addition to the primary sponsor’s form.

What is the Eligibility Criteria for a Joint Sponsor?

1. U.S. Citizenship or Legal Permanent Residence: The joint sponsor must be a U.S. citizen or a lawful permanent resident (green card holder).
2. Domicile in the U.S.: The joint sponsor must reside in the United States or a U.S. territory.
3. Minimum Income Requirements:
   • The joint sponsor must have an annual income that is at least 125% of the Federal Poverty Guidelines for their household size. If they are on active duty in the U.S. armed forces and sponsoring a spouse or child, the requirement is 100%.
   • They can include income from others in their household (e.g., spouse or other dependents) if those individuals are willing to contribute and sign Form I-864A.

No Obligation to Be Related: Unlike the primary sponsor, the joint sponsor does not need to be related to the immigrant.

What are the Responsibilities of a Joint Sponsor?

When signing Form I-864, the joint sponsor agrees to:

1. Support the immigrant financially if necessary, ensuring the immigrant does not become a “public charge” (rely on the U.S. Government for support).
2. Repay any government benefits received by the immigrant that fall under means-tested programs.
3. Maintain financial responsibility until:
   • The immigrant becomes a U.S. citizen.
   • The immigrant has worked 40 qualifying quarters (approximately 10 years) in the United States.
   • The immigrant departs the U.S. permanently or dies.

What Are the Filing Process for a Joint Sponsor?

1. Complete Form I-864: The joint sponsor must submit a separate Form I-864 along with the required supporting documents.
2. Provide Financial Evidence:
   • Recent tax returns (at least the most recent one, though more may strengthen the case).
   • Proof of income (e.g., pay stubs, employer letters).
   • Evidence of assets, if applicable, to meet the income requirements.
3. Submit the Form: The completed I-864 and supporting documents are submitted to USCIS or the National Visa Center (NVC), depending on the stage of the immigration process.

Multiple joint sponsors may be involved if needed. Each joint sponsor however must independently meet the income requirements for their own household size and file their own I-864.

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Copyright 2024. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline & Partners only.