When applying for a marriage-based green card, you may need a joint sponsor to meet the financial requirements set by the U.S. government. The good news is that your joint sponsor does not have to be a family member. As long as the person is willing to take financial responsibility for the applicant, meets the income requirements, and meets certain criteria, they can act as your financial co-sponsor.
Who Can Be a Joint Sponsor?
A financial joint sponsor can be anyone who meets the following qualifications:
- U.S. citizen or U.S. green card holder
- At least 18 years old
- Living in the United States
- Meets the minimum income requirements set by the U.S. government
The joint sponsor does not have to be related to the sponsoring spouse or the green card applicant. This means a friend, coworker, or even a distant relative can help provide financial support.
What Is the Affidavit of Support (Form I-864)?
The Affidavit of Support (Form I-864) is a legal document that the sponsor signs to take financial responsibility for the person seeking a green card. It is an important part of the green card application process.
The person who signs the Affidavit of Support is called the financial sponsor. This is typically the U.S. citizen or permanent resident who is sponsoring the foreign spouse, but it can also be a joint sponsor if the primary sponsor doesn’t meet the income requirements.
Key Information about the Affidavit of Support (Form I-864)
- The financial sponsor agrees to support the green card applicant and ensure that they will not need to rely on public assistance.
- The sponsor must meet certain income requirements to be eligible. If the sponsor’s income alone is not enough, a joint sponsor can help meet the financial requirements by combining their income or assets.
What Are the Income Requirements for a Joint Sponsor?
To act as a joint sponsor, the person must have an annual income that meets at least 125% of the Federal Poverty Guidelines. The required income will depend on the size of the household, including the number of people living with the sponsor.
Here’s a quick summary of the income and asset requirements:
- Income Requirements: The sponsor must earn at least 125% of the federal poverty line for their household size. This includes the sponsor, the spouse, and any dependents.
- Assets: In addition to income, a sponsor can use assets (such as savings, property, or stocks) to meet the income requirements.
- Combining Resources: If the primary sponsor does not meet the income requirement on their own, they can combine income or assets with the joint sponsor, or even use the income of the green card applicant, as long as it will continue after the green card is approved.
What Are the Obligations of a Financial Sponsor?
The Affidavit of Support is a contract between the sponsor and the U.S. government. The sponsor agrees to take financial responsibility for the green card applicant and ensure they do not rely on certain types of government assistance. If the green card holder uses public benefits like Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF), the government can seek reimbursement from the sponsor.
A sponsor’s responsibilities continue until one of the following occurs:
- The green card holder becomes a U.S. citizen.
- The green card holder works for 40 quarters (roughly 10 years) in the U.S.
- The green card holder moves out of the U.S. permanently.
- The sponsor or the green card holder passes away.
If the sponsor has previously signed an Affidavit of Support for others, they must count those previous obligations when filing a new Affidavit of Support, unless the previous obligations have ended under one of the four conditions listed above.
How Long Does It Take to Process the Affidavit of Support?
The processing time for the Affidavit of Support (Form I-864) can vary depending on the specifics of your case. On average, it can take about 9.3 months. However, this will differ based on the USCIS office, your case details, and other factors. Be sure to file your paperwork correctly the first time to avoid unnecessary delays.
Who Needs to Sign and What Are the Financial Requirements?
- Joint sponsors don’t need to be family members. They just need to meet the U.S. government’s financial requirements.
- A joint sponsor must be a U.S. citizen or green card holder, 18 years old, and living in the U.S..
- The sponsor (and joint sponsor if necessary) must meet the required income level (at least 125% of the Federal Poverty Guidelines) to support the green card applicant.
- The Affidavit of Support is a contract where the sponsor agrees to take responsibility for the applicant’s financial well-being until one of the four conditions ends their obligation.
Penalties for Non-Compliance
Financial Liability:
A joint sponsor is legally obligated to provide financial support to the sponsored immigrant. If they fail to meet this obligation, they can be sued by the immigrant or the government for reimbursement of any means-tested public benefits that the immigrant receives. This includes costs associated with the social assistance program
Legal Action:
The sponsored immigrant has the right to take legal action against the joint sponsor for not fulfilling their financial responsibilities. This can include filing a lawsuit to recover damages for unmet support obligations
Fines:
If a joint sponsor fails to report a change of address or does not comply with other requirements, they may face fines ranging from $250 to $5,000, depending on the nature of the violation and whether it was intentional.
Impact on Future Sponsorship:
A joint sponsor who defaults on their obligations may be restricted from sponsoring other immigrants until any debts related to the previous sponsorship are resolved.
Joint Responsibility:
Joint sponsors share equal responsibility with the primary sponsor for fulfilling the financial commitments outlined in the Affidavit of Support. This means that if one sponsor fails to meet their obligations, both can be held accountable.
Can a joint sponsor be held financially responsible after the sponsored immigrant becomes a U.S. citizen
Yes, a joint sponsor can be held financially responsible even after the sponsored immigrant becomes a U.S. citizen, but specific conditions apply. Here are the key points regarding this responsibility:
Duration of Financial Responsibility
- Termination of Obligation: The financial obligation of a joint sponsor under the Affidavit of Support (Form I-864) generally continues until one of the following occurs:
- The sponsored immigrant becomes a U.S. citizen.
- The sponsored immigrant has earned 40 quarters of work (approximately 10 years).
- The sponsored immigrant permanently leaves the U.S. or dies
- Joint and Several Liability: Joint sponsors share equal liability with the primary sponsor, meaning that if the sponsored immigrant receives means-tested public benefits, either the primary sponsor or the joint sponsor can be held responsible for reimbursement to the government.
- Post-Citizenship Responsibilities: Once the immigrant becomes a U.S. citizen, the joint sponsor’s obligation to provide financial support ends. However, any debts incurred during the sponsorship period—such as reimbursement for public benefits received—may still be enforceable regardless of the immigrant’s citizenship status.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for an EB-3 Visa or a Family-Based Green Card, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
