TL;DR
The decision to involve a joint sponsor in the immigration process is significant and can be instrumental in ensuring the success of an immigrant's application. Whether due to insufficient income or other financial reasons, a joint sponsor can provide the necessary support to meet the USCIS requirements. Both primary sponsors and joint sponsors must understand their responsibilities and the legal implications of signing the Affidavit of Support to support the intending immigrant effectively. Not sure where to start? Learn how Top Green Card can help you and your spouse here.
The process of sponsoring a relative for immigration to the United States involves several critical steps and requirements, one of which is the Affidavit of Support, commonly referred to as Form I-864. This legal document is a key component of the immigration process, ensuring that the intending immigrant has adequate financial support and is not likely to become a public charge. A common question that arises among sponsors is whether there is a need for a joint sponsor when submitting Form I-864. This article delves into the requirements surrounding the Affidavit of Support and the circumstances under which a joint sponsor may be necessary.
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What is Form I-864?
Form I-864, Affidavit of Support, is a document required by the U.S. government for most family-based and some employment-based immigrants. It is a legally enforceable contract between the sponsor (usually the petitioner of the immigration application) and the U.S. government, wherein the sponsor agrees to use their financial resources to support the intending immigrant. The primary purpose of this form is to ensure that the immigrant does not rely on public benefits or assistance after moving to the U.S.
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When is a Joint Sponsor Needed?
A joint sponsor may be required if the primary sponsor does not meet the income requirements set by the U.S. Citizenship and Immigration Services (USCIS). These requirements are based on the Federal Poverty Guidelines and vary depending on the sponsor's household size, including the intending immigrant and any other dependents. If the sponsor's income is insufficient to meet the threshold, a joint sponsor who can meet the income requirements may need to submit a separate I-864 to help support the immigrant.
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Who Can Be a Joint Sponsor?
A joint sponsor must be a U.S. citizen or lawful permanent resident who is at least 18 years old and domiciled in the United States or its territories. The joint sponsor must independently meet the income requirements to support the immigrant, in addition to their own household, without combining resources with the primary sponsor. This means the joint sponsor needs to have an income that is at least 125% of the Federal Poverty Guidelines for their household size, including the intending immigrant.
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Key Considerations for Joint Sponsors
Legal Obligation: By signing Form I-864, a joint sponsor enters into a legally binding agreement with the U.S. government, committing to support the immigrant financially. This obligation generally lasts until the immigrant becomes a U.S. citizen, has worked in the U.S. for 40 qualifying quarters, leaves the U.S. permanently, or passes away.
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Financial Responsibility: Joint sponsors should be fully aware of the financial responsibility they are undertaking. They may be required to reimburse any agency that provides public benefits to the immigrant if the terms of the support agreement are not met.
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Documentation: Joint sponsors must provide proof of their income through tax returns, W-2 forms, and other financial documents, similar to the primary sponsor. This documentation is crucial to demonstrate their ability to meet the income requirements.
 Understanding the intricacies of Form I-864 and the need for a joint sponsor is crucial for anyone going through the immigration process. It ensures that the intending immigrant has a smooth transition to life in the United States, with a solid financial foundation.
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