What is Form I-864?
Form I-864, officially known as the “Affidavit of Support Under Section 213A of the INA,” is a document that is required as part of the immigration process for certain family-based visa categories, including marriage-based green card applications. The purpose of Form I-864 is to demonstrate that the sponsoring individual (also known as the sponsor) has sufficient financial means to financially support the intending immigrant and prevent them from becoming a public charge, or someone who relies on government assistance.
Key points about Form I-864:
- Financial Responsibility: By submitting Form I-864, the sponsor agrees to financially support the intending immigrant and ensure that they do not rely on public benefits. This obligation continues until the immigrant becomes a U.S. citizen, has worked for at least 40 quarters (roughly 10 years), dies, or leaves the U.S. permanently.
- Eligibility: The sponsor must be a U.S. citizen or a lawful permanent resident (green card holder) and must meet certain income requirements to be eligible to sponsor an immigrant.
- Income Requirements: The sponsor’s income must be at least 125% of the U.S. federal poverty guidelines for their household size, including the intending immigrant. If the sponsor’s income falls below this threshold, they may need to provide additional documentation or find a joint sponsor who meets the income requirements.
- Documentation: The sponsor must provide evidence of their income, including recent tax returns, W-2 forms, pay stubs, and other relevant financial documentation.
- Joint Sponsor: In cases where the sponsor’s income is insufficient, a joint sponsor can be used. The joint sponsor must also submit Form I-864 and meet the income requirements.
- Household Size: The sponsor’s household size includes themselves, any dependents listed on their tax return, the intending immigrant, and any other sponsored immigrants.
- Submission: Form I-864 should be submitted along with the green card application. It’s an important document that demonstrates the sponsor’s commitment to providing financial support.
- Liability: If the sponsored immigrant receives certain means-tested public benefits, the sponsor’s income and assets may be considered for reimbursement to the government.
It’s important to note that Form I-864 can be complex, and it’s crucial to accurately complete and submit it with the required supporting documentation. Failure to meet the financial obligations outlined in Form I-864 can lead to the denial of the immigrant’s green card application. If you have any questions or concerns about this form, it’s advisable to consult with an immigration attorney or a legal expert who can guide you through the process.
What is a joint sponsor?
A joint sponsor, also known as a financial sponsor or co-sponsor, is an individual who agrees to financially support an intending immigrant by submitting a Form I-864, Affidavit of Support, as part of the immigration application process. A joint sponsor is typically used when the primary sponsor (usually the petitioner or the spouse) does not meet the income requirements to sponsor the intending immigrant’s application for a family-based visa or green card.
Here are the key points to understand about a joint sponsor:
- Income Requirements: To be eligible to sponsor an intending immigrant, the sponsor’s income must meet certain minimum requirements based on the U.S. federal poverty guidelines. If the primary sponsor’s income falls short of the required threshold, a joint sponsor can step in to provide the necessary financial support.
- Eligibility Criteria: A joint sponsor must be a U.S. citizen or a lawful permanent resident (green card holder) and must meet the income requirements for their household size. They do not need to be related to the intending immigrant.
- Financial Responsibility: By becoming a joint sponsor, the individual is taking on the legal obligation to provide financial support to the intending immigrant. This support includes covering the immigrant’s basic living expenses and preventing them from becoming a public charge.
- Form I-864: The joint sponsor submits a Form I-864, Affidavit of Support, along with the relevant supporting documentation to demonstrate their financial ability to sponsor the intending immigrant. This form is legally binding and carries the same obligations as the primary sponsor’s Form I-864.
- Income Calculation: When calculating the combined household income, both the primary sponsor’s and the joint sponsor’s incomes are considered. If the combined income meets the required threshold, the joint sponsor’s income can be used to support the application.
- Limits and Responsibilities: The joint sponsor’s financial responsibility lasts until the sponsored immigrant becomes a U.S. citizen, works for at least 40 quarters (roughly 10 years), leaves the U.S. permanently, or dies. The joint sponsor’s income and assets can be considered for reimbursement if the sponsored immigrant receives certain means-tested public benefits.
Using a joint sponsor can be a valuable option for immigrants whose primary sponsors do not meet the income requirements. It’s important to note that the joint sponsor’s commitment is legally binding, and they should carefully consider their ability to provide financial support before agreeing to become a joint sponsor. As immigration laws and requirements can change, consulting with an immigration attorney or a legal expert is recommended to ensure compliance with the most up-to-date guidelines.
Who needs a joint sponsor?
An intending immigrant may need a joint sponsor when the primary sponsor (usually the petitioner or the spouse) does not meet the income requirements to sponsor the immigrant’s application for a family-based visa or green card. The joint sponsor’s role is to provide the additional financial support necessary to meet the minimum income threshold set by the U.S. federal poverty guidelines.
Here are some common situations where a joint sponsor might be needed:
- Income Below Requirement: If the primary sponsor’s income falls below 125% of the U.S. federal poverty guidelines for their household size (including the intending immigrant), they may not meet the minimum income requirement to sponsor the immigrant’s application.
- Unemployment or Insufficient Income: If the primary sponsor is currently unemployed, has a low income, or is otherwise unable to meet the income requirement, a joint sponsor with a stronger financial standing may be needed.
- Self-Employed or Limited Income Documentation: Some individuals, such as self-employed sponsors, may have difficulty providing the required documentation to demonstrate their income. In such cases, a joint sponsor with more straightforward income verification may be used.
- Recent Change in Financial Situation: If the primary sponsor has experienced a significant decrease in income due to recent circumstances, a joint sponsor might be necessary to ensure the immigrant’s application is financially supported.
- Multiple Immigrants: When sponsoring multiple intending immigrants within the same application, the income requirements increase. A joint sponsor can help provide the necessary financial support for multiple immigrants.
It’s important to note that the joint sponsor’s role is to provide additional financial backing to meet the income requirement and prevent the immigrant from becoming a public charge. The joint sponsor’s income, assets, and obligations are subject to the same rules and responsibilities as those of the primary sponsor.
If you believe that you or the intending immigrant you are sponsoring may require a joint sponsor, it’s advisable to carefully review the U.S. federal poverty guidelines and seek guidance from an immigration attorney or legal expert. Immigration laws and requirements can be complex and may vary based on individual circumstances, so professional advice can help ensure that you navigate the process accurately and successfully.
What are the joint sponsor requirements?
A joint sponsor, also known as a financial sponsor or co-sponsor, must meet specific requirements to be eligible to provide financial support for an intending immigrant’s application for a family-based visa or green card. These requirements are established to ensure that the joint sponsor has the financial means to prevent the immigrant from becoming a public charge and to meet the U.S. federal poverty guidelines. Here are the key joint sponsor requirements:
- S. Citizen or Green Card Holder: The joint sponsor must be a U.S. citizen or a lawful permanent resident (green card holder).
- Age: The joint sponsor must be at least 18 years old.
- Residence in the U.S.: The joint sponsor must be living in the United States.
- Domicile in the U.S.: The joint sponsor must maintain a primary domicile (residence) in the United States. This means they must have a U.S. address and intend to continue residing in the U.S.
- Income Requirements: The joint sponsor’s income must meet the minimum income requirement, which is generally 125% of the U.S. federal poverty guidelines for their household size, including the intending immigrant. The specific income requirement varies based on household size and the current poverty guidelines.
- Financial Responsibility: By becoming a joint sponsor, the individual agrees to provide financial support for the intending immigrant and to ensure that they do not rely on public benefits.
- Form I-864: The joint sponsor must submit a Form I-864, Affidavit of Support, along with the relevant supporting documentation. This form is legally binding and carries the same obligations as the primary sponsor’s Form I-864.
- Documentation of Income: The joint sponsor must provide evidence of their income, such as recent tax returns, W-2 forms, pay stubs, and other relevant financial documentation.
- Household Size: The joint sponsor’s household size includes themselves, their dependents listed on their tax return, the intending immigrant, and any other sponsored immigrants.
- Liability: The joint sponsor’s financial responsibility lasts until the sponsored immigrant becomes a U.S. citizen, works for at least 40 quarters (roughly 10 years), leaves the U.S. permanently, or dies. The joint sponsor’s income and assets can be considered for reimbursement if the sponsored immigrant receives certain means-tested public benefits.
It’s important to carefully review the U.S. federal poverty guidelines and the requirements outlined by U.S. Citizenship and Immigration Services (USCIS) to ensure accurate compliance with joint sponsor requirements. If you are considering using a joint sponsor, consulting with an immigration attorney or a legal expert can help ensure that you meet all the necessary criteria and properly complete the required documentation.
What are the joint sponsor minimum income requirements?
The joint sponsor’s minimum income requirements for sponsoring an intending immigrant’s application for a family-based visa or green card depend on the U.S. federal poverty guidelines, the sponsor’s household size, and the specific year of the application. These guidelines are set by the U.S. government and are subject to change annually.
Here are the income thresholds for the most recent year:
For the 48 contiguous states and the District of Columbia:
- For a household size of 2: At least $21,775
- For each additional person, add: $7,740
For Alaska:
- For a household size of 2: At least $27,200
- For each additional person, add: $9,660
For Hawaii:
- For a household size of 2: At least $25,075
- For each additional person, add: $8,895
It’s important to note that these figures are based on the poverty guidelines and may vary depending on the current year and the specific location (contiguous states, Alaska, Hawaii).
When determining if a joint sponsor meets the income requirements, their income, along with the primary sponsor’s income, is considered. If the combined income of both sponsors meets or exceeds the minimum income requirement, the joint sponsor’s income can be used to support the application.
To ensure accurate and up-to-date information on the minimum income requirements for joint sponsors, it’s recommended to visit the official U.S. Citizenship and Immigration Services (USCIS) website or consult with an immigration attorney. The minimum income requirements can change from year to year, so it’s crucial to use the most current information available when completing the Affidavit of Support (Form I-864) and related documentation.
