The Role of a Joint Sponsor in the Immigration Process: Form I-864 Explained

A joint sponsor in the context of U.S. immigration plays a crucial role in helping an immigrant or family member meet the financial requirements necessary to sponsor them for a visa or adjustment of status, particularly when the primary sponsor does not meet the income or asset requirements set by U.S. immigration authorities. The joint sponsor effectively acts as a financial guarantor for the immigrant and agrees to financially support them during their stay in the United States.

Here are some key points regarding the role of a joint sponsor:

• Financial Support: The joint sponsor must demonstrate that they have the financial means to support the intending immigrant. This is typically done by submitting financial documents, such as tax returns, pay stubs, and bank statements, to prove that their income or assets meet the required threshold.
• Affidavit of Support: A joint sponsor is typically required to submit an Affidavit of Support (Form I-864) to the U.S. government. This is a legally binding contract in which the joint sponsor commits to financially support the immigrant and reimburse any means-tested public benefits the immigrant may receive.
• Relationship to Immigrant: The joint sponsor is not required to be a close relative of the immigrant. In many cases, they can be a friend or another individual who is willing to provide financial support.
• Demonstrating Ability to Support: The joint sponsor’s income and assets must meet the minimum financial requirements set by the U.S. government, which vary depending on the type of visa or immigration benefit being sought. In cases where the primary sponsor does not meet the requirements, the joint sponsor’s financial resources are combined with the primary sponsor’s to meet the minimum threshold.
• Legal Responsibility: The joint sponsor’s obligations under the Affidavit of Support continue until the immigrant becomes a U.S. citizen, works for 40 quarters (typically 10 years) in the U.S., leaves the country, or dies.
• Multiple Joint Sponsors: It is possible for an immigrant to have multiple joint sponsors to collectively meet the financial requirements. Each joint sponsor must complete a separate Affidavit of Support.

It’s important to note that the Affidavit of Support is a legally binding commitment, and the joint sponsor’s financial situation will be thoroughly reviewed by U.S. immigration authorities. If the joint sponsor fails to meet their financial obligations, they can be held legally responsible for any means-tested public benefits that the immigrant may receive.

Who can become a joint sponsor?

A joint sponsor in the context of U.S. immigration must meet specific eligibility requirements to provide financial support for an intending immigrant. The primary sponsor, who is usually the U.S. citizen or lawful permanent resident petitioning for the immigrant, may not meet the income or asset requirements set by U.S. immigration authorities. In such cases, a joint sponsor can step in to help the immigrant meet those requirements. Here are the general eligibility criteria for a joint sponsor:

• U.S. Citizen or Lawful Permanent Resident: The joint sponsor must be a U.S. citizen or a lawful permanent resident (Green Card holder). Non-immigrants, such as visa holders or individuals without legal permanent residency, are not eligible to be joint sponsors.
• Aged 18 or Older: The joint sponsor must be at least 18 years old.
• Domiciled in the United States: The joint sponsor must be living in the United States, and their primary residence should be in the U.S. The joint sponsor cannot be living abroad.
• U.S. Taxpayer: The joint sponsor should have filed U.S. federal income tax returns for the most recent tax year. They must also demonstrate that they will continue to file tax returns for the duration of the sponsorship.
• Sufficient Income or Assets: The joint sponsor must have the financial means to support the immigrant. They must demonstrate that their income or assets meet or exceed the minimum financial requirements set by U.S. immigration authorities, which can vary depending on the specific visa or immigration benefit sought.
• Legal Obligations: The joint sponsor must be willing to sign the Affidavit of Support (Form I-864), which is a legally binding contract. By signing this document, the joint sponsor agrees to provide financial support for the immigrant and reimburse any means-tested public benefits the immigrant may receive.
• Relationship to Immigrant: There is no specific familial or other relationship requirement between the joint sponsor and the immigrant. They can be a friend or any individual who is willing to financially support the immigrant.

It’s important to note that the joint sponsor’s financial situation will be thoroughly reviewed by U.S. immigration authorities. Before agreeing to be a joint sponsor, individuals should carefully consider their financial stability, responsibilities, and legal obligations. The joint sponsor’s role is significant, as they are legally responsible for supporting the immigrant until certain conditions are met.

What documents must a joint sponsor provide to USCIS?

When serving as a joint sponsor for a family member or intending immigrant in the United States, you will need to provide certain documents to the United States Citizenship and Immigration Services (USCIS) to demonstrate your financial eligibility and willingness to support the immigrant. The specific documents required may vary depending on the immigration category and the current USCIS guidelines, so it’s important to check the most up-to-date requirements on the USCIS website or consult with an immigration attorney if needed. However, here Form I-864 checklist of common documents that a joint sponsor may be asked to provide:

• Affidavit of Support (Form I-864): The primary document is the Affidavit of Support, which is a legally binding contract that you sign to financially support the immigrant. The form must be completed accurately and signed. It can be downloaded from the USCIS website.
• Proof of U.S. Citizenship or Lawful Permanent Resident Status: You will need to provide evidence of your own U.S. citizenship or lawful permanent resident status. For U.S. citizens, this may include a U.S. passport, birth certificate, or naturalization certificate. For lawful permanent residents, this may include a Green Card.
• Proof of Income: You must demonstrate that your income meets or exceeds the minimum income requirements set by USCIS. Common documents to prove income include:
  • Federal income tax returns (typically for the past three years)
  • W-2 forms, 1099 forms, or other income statements for the most recent year
  • Recent pay stubs and a letter from your employer verifying your current job and income
• Proof of Assets: If your income alone does not meet the minimum requirements, you may need to provide proof of assets, such as bank account statements, stocks, bonds, or property deeds. These assets should be readily convertible to cash within the United States.
• Supporting Documentation: You may need to provide additional documentation to support the information in your Affidavit of Support, such as:
  • Proof of your residence in the United States, such as utility bills, lease agreements, or mortgage statements.
  • Any divorce decrees or separation agreements that indicate your financial obligations to others.
  • A statement explaining any unusual or complex financial circumstances.
• Affidavit of Support Processing Fee: there is a $120 fee associated with submitting the Affidavit of Support (Form I-864). You must include payment for this fee when submitting your sponsorship documents to USCIS. Be sure to check the USCIS website for the most current fee information.
• Any other documents requested by USCIS: USCIS may request additional documents or evidence to establish your financial eligibility or verify your relationship with the intending immigrant.