When a U.S. citizen or lawful permanent resident petitions for a family member to come to live in the United States, one of the most critical, and frequently misunderstood, steps in the process is meeting the financial sponsorship requirements established by the Immigration and Nationality Act. If the petitioning sponsor cannot independently meet the income threshold required by the U.S. Citizenship and Immigration Services (USCIS), a joint sponsor becomes not just an option, but a necessity.
At Winterberg Law Firm, P.C., we work with families across El Paso, Texas, and Ciudad Juárez who navigate the consular processing and adjustment of status processes. One of the most common points of confusion we encounter involves the joint sponsor’s role, specifically, who can serve as one, what responsibilities they are legally undertaking, and what can go wrong when those responsibilities are misunderstood or ignored.
This article is a roadmap for your understanding.
What Is a Joint Sponsor?
A joint sponsor is a U.S. citizen or lawful permanent resident who agrees to financially support an intending immigrant by signing Form I-864, Affidavit of Support. This individual is not the petitioner; they are a separate person who steps in because the petitioner’s income alone falls below 125% of the federal poverty guidelines for their household size.
The joint sponsor essentially tells the U.S. government: “If this immigrant cannot support themselves, I will.”
This is not a symbolic gesture. It is a legally enforceable contract.
Who Qualifies as a Joint Sponsor?
To serve as a joint sponsor, an individual must meet all of the following requirements:
- Be a U.S. citizen, U.S. national, or lawful permanent resident
- Be at least 18 years old
- Be domiciled in the United States (or a U.S. territory or possession)
- Have sufficient income or assets to meet 125% of the Federal Poverty Guidelines for their own household size plus the intending immigrant(s)
- Be willing to complete and sign Form I-864 and submit supporting financial documentation
It is important to note that the joint sponsor does not need to be related to the intending immigrant or to the petitioner. A friend, a colleague, or even a neighbor can serve in this capacity, as long as the legal requirements are satisfied.
What Does Signing an I-864 Form Actually Mean?
This is where many joint sponsors are caught off guard. When a person signs the Affidavit of Support, they are entering into a legally binding contract with the U.S. government. The obligations begin the moment the immigrant receives a visa or adjusts status, and they do not automatically dissolve until one of the following terminating events occurs:
- The sponsored immigrant becomes a U.S. citizen
- The sponsored immigrant has worked and accumulated 40 qualifying quarters of Social Security coverage (typically 10 years)
- The sponsored immigrant permanently departs the United States
- The sponsored immigrant dies
- The joint sponsor dies
Critically, divorce does not terminate the obligation. If a petitioning spouse later divorces the immigrant beneficiary and a joint sponsor was involved, the joint sponsor’s obligation continues uninterrupted.
The Do’s of Being a Joint Sponsor:
Do thoroughly review the federal poverty guidelines before agreeing. USCIS updates these guidelines annually. Your income must be at least 125% of the guideline for your household size, which includes yourself, your dependents, anyone you are already sponsoring, and the intending immigrant(s).
Do gather all supporting financial documentation. You will need your most recent federal income tax return (all schedules), recent pay stubs, and a letter from your employer confirming your position, salary, and length of employment. If self-employed, you will need additional documentation to substantiate your income.
Do disclose your full household size accurately. Underreporting your household size may seem beneficial, but it is a federal offense that may have serious immigration and legal consequences for everyone involved.
Do notify USCIS and the relevant federal or state agencies if the immigrant receives means-tested public benefits. Agencies that provide public benefits may seek reimbursement from sponsors.
Do consult with a qualified immigration attorney before signing. Understanding the full scope of your liability before you sign can save you from significant financial and legal exposure down the road.
The Don’ts of Being a Joint Sponsor
Don’t assume the obligation ends at any arbitrary point. Many joint sponsors mistakenly believe the obligation ends after a certain number of years or once the immigrant becomes “established.” Unless a legal terminating event occurs, the obligation continues.
Don’t provide false income information. Fraud in connection with an Affidavit of Support is a federal crime. It can result in criminal prosecution, denial of the immigration case, and bars to future immigration benefits.
Don’t sign for multiple immigrants simultaneously without careful income analysis. Each separate I-864 you sign adds to your household’s sponsorship obligations. If you are already sponsoring someone else, your income threshold requirement increases accordingly.
Don’t ignore correspondence from public benefit agencies. If an immigrant you sponsored receives public benefits, the agency providing those benefits can sue you in federal or state court to recover the cost. Ignoring such notices does not make the liability disappear.
Don’t withdraw your sponsorship informally. There is no unilateral mechanism to withdraw an I-864 once a visa has been issued or status has been adjusted. You cannot simply write a letter to USCIS and terminate your obligations.
Frequently Asked Questions
Q: Can two joint sponsors split the income requirement? A: No. Each joint sponsor must independently meet 125% of the poverty guidelines for their own household. You cannot combine two joint sponsors’ incomes on a single I-864. However, if there are multiple intending immigrants in the same petition, different joint sponsors can each sponsor different beneficiaries.
Q: What happens if the joint sponsor passes away before the obligation ends? A: The obligation terminates upon the joint sponsor’s death. However, the obligation does not pass to the joint sponsor’s estate. The petitioner or another eligible joint sponsor would need to be substituted.
Q: Can a joint sponsor be sued? A: Yes. Both the sponsored immigrant and any government agency that has provided means-tested public benefits may bring a civil action in federal or state court to enforce the Affidavit of Support.
Q: Does the joint sponsor need to live in the same state as the petitioner or beneficiary? A: No. The joint sponsor simply needs to be domiciled in the United States. There is no geographic restriction based on the location of the petitioner or beneficiary.
Q: What income sources count toward the 125% threshold? A: Wages, salary, self-employment income, alimony, child support, dividends, interest, rental income, and other lawful sources generally count. Means-tested public benefits such as SNAP, Medicaid, and SSI do not count toward the income requirement.
Q: I am a lawful permanent resident. Can I be a joint sponsor? A: Yes. LPRs may serve as joint sponsors, provided all other eligibility requirements are met. However, LPRs should be aware that their own immigration status could be affected if sponsored immigrants receive significant public benefits.
Winterberg Law Firm, P.C. is a bilingual immigration law firm serving clients in El Paso, Texas, and the surrounding region. If you have questions about the Affidavit of Support or joint sponsorship, contact our office by calling +1 915 701 2111 or +1 915 841 9777 1535. You can also visit us at Hawkins Blvd., Suite A, El Paso, 79925, TX.
