A joint sponsor, financial co-sponsor, is a U.S. citizen or green card holder who agrees to help financially support an immigrant applying for a family-based green card. This becomes necessary when the main sponsor (usually a U.S. citizen or permanent resident) doesn’t meet the required income or assets to support their spouse or family member seeking a green card.
While it’s understandable to have concerns about the legal responsibilities, being a joint sponsor is generally a safety net. It’s rare for joint sponsors to have to provide financial support. The role of a joint sponsor is more like a backup to ensure the U.S. government doesn’t have to support the green card applicant if the primary sponsor fails to meet their obligations.
This guide explains what a joint sponsor is and when needed, especially for spouses applying for marriage-based green cards.
When Is a Joint Sponsor Needed?
A joint sponsor is typically required when the primary sponsor and their household income (or assets) are not enough to meet the minimum financial requirement for sponsoring a green card applicant. This can happen for a few reasons:
- The primary sponsor’s income meets the requirement for the most recent tax year, but not the previous one.
- The primary sponsor has foreign income that is reported as a loss on their tax return.
- The household’s total income doesn’t meet 125% of the Federal Poverty Guidelines, which for a couple in the 48 contiguous states is $25,550.
If the primary sponsor’s income is insufficient, the joint sponsor’s income (and sometimes assets) can be used to meet the requirement.
Responsibilities of a Joint Sponsor
A joint sponsor is legally responsible for ensuring that the green card applicant doesn’t become a “public charge,” meaning they don’t rely on government assistance. Here’s what joint sponsors are obligated to do:
- Provide Financial Support: The joint sponsor must maintain a minimum annual income equal to 125% of the Federal Poverty Guidelines for their household size. This responsibility continues until the green card holder becomes a U.S. citizen or meets certain other criteria.
- Reimburse the Government: If the green card holder receives public assistance benefits like Supplemental Security Income (SSI) or other cash assistance before their obligations end, the joint sponsor may have to reimburse the government. However, this doesn’t apply to non-cash benefits like Medicaid or unemployment benefits.
- Update Address: If the joint sponsor moves, they must notify USCIS of their new address within 30 days using Form I-865.
What Joint Sponsors Are Not Responsible For
Joint sponsors are not responsible for:
- The green card holder’s taxes or private debts (like credit cards, loans, or medical bills).
- Legal issues or encounters with law enforcement related to the green card holder.
When Do Joint Sponsor Obligations Begin and End?
When They Begin: A joint sponsor’s responsibilities start only after the marriage-based green card is approved.
When They End: A joint sponsor’s obligations end when the green card holder:
- Becomes a U.S. citizen.
- Has worked for 40 quarters (or 10 years) in the U.S.
- Leaves the U.S. and abandons their green card.
- Passes away.
- Is approved for a new green card after being placed in deportation proceedings.
If the joint sponsor passes away, their obligations end, but their estate may be required to pay any support owed. A joint sponsor’s obligations also end if the sponsoring spouse divorces the green card applicant.
Consequences of Failing to Meet Obligations
If a joint sponsor does not fulfill their duties:
- Failure to Provide Financial Support: The green card holder could file a lawsuit to collect the support they need. Though rare, this has happened when the green card holder’s income falls below the required threshold.
- Failure to Repay Public Benefits: The government agency that provided benefits to the green card holder may seek to collect repayment, including legal fees.
- Failure to Update Address: A joint sponsor who doesn’t update their address may face fines ranging from $250 to over $5,000, especially if they knew the green card holder was using benefits that needed to be repaid.
How to Become a Joint Sponsor
To become a joint sponsor, you must meet the following requirements:
- Be a U.S. citizen or green card holder.
- Be at least 18 years old.
- Live in the U.S. or a U.S. territory (but not in the same household as the primary sponsor).
- Have a household income of at least 125% of the Federal Poverty Guidelines for your household size and location.
- Complete and sign Form I-864 (Affidavit of Support), agreeing to support the green card applicant financially.
Joint sponsors are not allowed to combine their income and assets with those of the primary sponsor. They must meet the financial requirements on their own.
Who Can Be a Joint Sponsor?
Anyone who meets the qualifications can act as a joint sponsor. They do not need to be related to the primary sponsor or the green card applicant. A joint sponsor can be a friend, family member, or anyone else willing to take on the financial responsibility.
If a joint sponsor has household members (like adult children, siblings, or parents) who contribute income or assets, those household members can also be included to meet the financial requirement. The joint sponsor and any adult household members must fill out Form I-864A to verify their contributions.
How Many Joint Sponsors Can Be Involved?
Usually, one joint sponsor is enough. However, if there are multiple people applying for green cards (e.g. if children are included), a second joint sponsor may be needed to meet the higher financial requirements.
What Types of Income Can a Joint Sponsor Use?
A joint sponsor can use the same types of income as the primary sponsor to meet the financial requirements. This includes:
- Wages and salaries
- Retirement benefits
- Alimony
- Other legal sources of income
Documents Needed for a Joint Sponsor
The joint sponsor needs to submit:
- Proof of income (pay stubs, tax returns, etc.)
- Proof of U.S. citizenship or permanent residency (green card)
- Form I-864A (if applicable, for any household members contributing income)
A joint sponsor plays a critical role in ensuring that a marriage-based green card applicant meets the financial requirements for their green card. By agreeing to support the applicant financially, a joint sponsor helps prevent the applicant from relying on public assistance. Understanding the obligations and responsibilities of a joint sponsor is key to a successful sponsorship process.
