What to do if my sponsor doesn’t meet minimum USCIS income requirements?
If your sponsor (the petitioner) does not meet the minimum income requirements set by USCIS to sponsor you for the Affidavit of Support (Form I-864), you have a few options to address this situation:
- Find a Joint Sponsor: If your primary sponsor’s income is insufficient, you can seek a joint sponsor. A joint sponsor is a U.S. citizen or lawful permanent resident who is willing to take financial responsibility for your support. The joint sponsor must meet the income requirements based on their household size, including you and any other sponsored immigrants.
- Combine Income with Household Members: If your sponsor lives with other household members (such as a spouse or family members), their income can be combined to meet the income requirement. In such cases, all household members must sign separate I-864 Affidavits of Support, and their incomes are combined to demonstrate financial sufficiency.
- Use Assets to Supplement Income: In addition to income, assets can also be used to meet the income requirement. The value of certain assets, such as bank accounts, property, and stocks, can be considered. Generally, three times the difference between the sponsor’s income and the minimum required income can be demonstrated through assets. However, the rules for using assets are more stringent than using income.
- Seek a Joint Sponsor with the Primary Sponsor: In some cases, both the primary sponsor and a joint sponsor can combine their incomes to meet the income requirement. This may be necessary if the primary sponsor alone does not meet the requirement but together with the joint sponsor, they can fulfill the financial obligations.
- Consider a Different Visa Category: If your current visa category requires a financial sponsor and you are unable to find one who meets the requirements, you might explore other immigration options or visa categories that do not have the same income requirements. Consult an immigration attorney to discuss alternative paths for your situation.
It’s important to remember that the Affidavit of Support is a critical document in the immigration process, and you must fulfill the financial eligibility requirements to be successful in your application. If you encounter difficulties in finding a sponsor or meeting the income requirements, seeking guidance from an immigration attorney or accredited representative can be beneficial in exploring your options. They can provide personalized advice based on your circumstances and help you navigate the process effectively.
Affidavit of Support joint sponsor requirements
To qualify as a joint sponsor for the Affidavit of Support (Form I-864), an individual must meet specific requirements set by the U.S. Citizenship and Immigration Services (USCIS). These requirements are in place to ensure that the joint sponsor has the financial means to support the intending immigrant. The joint sponsor must meet the following criteria:
- S. Citizenship or Lawful Permanent Residency: The joint sponsor must be a U.S. citizen or a lawful permanent resident (green card holder) of the United States.
- Age: 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 have a U.S. address.
- Financial Eligibility: The joint sponsor must have an income that meets the minimum income requirements. Typically, the joint sponsor’s income must be at least 125% of the Federal Poverty Guidelines for their household size, including their own family members and any sponsored immigrants.
- Legal Obligation: By becoming a joint sponsor, the individual is accepting legal responsibility for financially supporting the intending immigrant. This financial obligation continues until certain conditions are met, such as the immigrant becoming a U.S. citizen, working for 40 qualifying quarters, leaving the U.S. and losing status, or passing away.
- Willingness to Sign Form I-864: The joint sponsor must be willing to complete and sign Form I-864, Affidavit of Support, to officially assume financial responsibility for the intending immigrant.
- Household Size: The joint sponsor’s household size includes the joint sponsor, their dependents, and any immigrants they have previously sponsored using Form I-864.
It’s crucial for the joint sponsor to provide accurate and complete information on Form I-864, along with supporting documentation to demonstrate their financial eligibility. They should also be aware of the legal obligations and responsibilities associated with being a joint sponsor.
If you are considering using a joint sponsor, it’s advisable to consult the official USCIS website or seek advice from an immigration attorney or accredited representative to ensure that all requirements are met and the process is handled correctly.
Does the joint sponsor for Affidavit of Support have to be related to intending immigrants?
No, the joint sponsor for the Affidavit of Support (Form I-864) does not have to be related to the intending immigrant. There is no requirement for a family relationship between the joint sponsor and the intending immigrant. The joint sponsor can be a friend, colleague, or any willing individual who meets the eligibility criteria to act as a financial sponsor nameviser.
The key requirements for a joint sponsor are as follows:
- S. Citizenship or Lawful Permanent Residency: The joint sponsor must be a U.S. citizen or a lawful permanent resident (green card holder) of the United States.
- Age: 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 have a U.S. address.
- Financial Eligibility: The joint sponsor must have an income that meets the minimum income requirements, typically 125% of the Federal Poverty Guidelines for their household size, including their own family members and any sponsored immigrants.
- Legal Obligation: By becoming a joint sponsor, the individual is accepting legal responsibility for financially supporting the intending immigrant. This financial obligation continues until certain conditions are met, such as the immigrant becoming a U.S. citizen, working for 40 qualifying quarters, leaving the U.S. and losing status, or passing away.
- Willingness to Sign Form I-864: The joint sponsor must be willing to complete and sign Form I-864, Affidavit of Support, to officially assume financial responsibility for the intending immigrant.
As long as the joint sponsor meets these requirements, they can act as a joint sponsor regardless of their relationship to the intending immigrant. This flexibility allows individuals who are not directly related to the immigrant but are willing and able to provide financial support to be a joint sponsor and help the intending immigrant in their immigration process.
Joint sponsor minimum income requirements
The joint sponsor’s minimum income requirements for the Affidavit of Support (Form I-864) are the same as those for the primary sponsor. The joint sponsor must demonstrate an income that is at least 125% of the Federal Poverty Guidelines for their household size, including their own family members and any sponsored immigrants.
The specific income threshold for the joint sponsor depends on the number of people in their household, as indicated in the following examples:
- 1 person: $16,380
- 2 people: $22,110
- 3 people: $27,840
- 4 people: $33,570
- 5 people: $39,300
- 6 people: $45,030
- 7 people: $50,760
- 8 people: $56,490
For each additional person beyond 8, an additional $5,730 should be added to the income requirement.
It’s crucial to note that the income requirements may change over time due to updates in the Federal Poverty Guidelines. Always check the most recent guidelines and requirements on the official U.S. Citizenship and Immigration Services (USCIS) website before submitting Form I-864 with a joint sponsor.
If you are considering having a joint sponsor, it’s advisable to consult with an immigration attorney or accredited representative to ensure that the joint sponsor meets the current minimum income requirements and fulfills all necessary obligations.
