A joint sponsor, in the context of immigration to the United States, is someone who agrees to be financially responsible for a foreign national (usually an immigrant) when the original sponsor does not meet the financial requirements to support the intending immigrant. This often occurs in the context of family-based or employment-based immigration.
When someone sponsors a family member or employee for immigration, they typically need to meet certain income and financial criteria to demonstrate their ability to support the immigrant. If the original sponsor does not meet these requirements, a joint sponsor can step in to provide the necessary financial support.
The joint sponsor must be a U.S. citizen or a lawful permanent resident (green card holder) and must be willing to assume the financial responsibility for the immigrant. Both the original sponsor and the joint sponsor are legally obligated to support the immigrant and ensure that they do not become a public charge.
Who needs a joint sponsor?
In the context of U.S. immigration, a joint sponsor is typically required when the original sponsor (the petitioner or the person initiating the immigration process) does not meet the financial eligibility requirements to support the intending immigrant. This is common in family-based immigration and, to some extent, employment-based immigration.
Here are a few scenarios in which a joint sponsor might be needed:
- Family-Based Immigration:
- Affidavit of Support (Form I-864): In family-sponsored immigration cases, the U.S. citizen or permanent resident petitioner is usually required to submit an Affidavit of Support (Form I-864). This form is a contract between the sponsor and the U.S. government, ensuring that the sponsored immigrant will not become a public charge. The petitioner must demonstrate sufficient income or financial assets to support the immigrant at 125% of the federal poverty guidelines. If the petitioner’s income is insufficient, a joint sponsor can be used to meet the financial requirements.
- Employment-Based Immigration:
- Affidavit of Support (Form I-864): Similar to family-based immigration, employment-based immigration cases may also require an Affidavit of Support. The sponsoring employer or petitioner needs to demonstrate the ability to financially support the immigrant employee. If the petitioner does not meet the financial criteria, a joint sponsor can be used.
Who is eligible to become a joint sponsor?
To be eligible to become a joint sponsor for immigration purposes in the United States, an individual must meet certain criteria. Here are the basic eligibility requirements for a joint sponsor:
- U.S. Citizenship or Lawful Permanent Residency:
- A joint sponsor must be either a U.S. citizen or a lawful permanent resident (green card holder). Non-citizens who are not permanent residents are not eligible to be joint sponsors.
- Age and Residency:
- The joint sponsor must be at least 18 years old and reside in the United States.
- Domiciled in the U.S.:
- The joint sponsor must be living in the United States and be willing to provide proof of U.S. domicile. This means they must have a principal residence in the U.S. and intend to maintain it as their principal residence.
- Financial Ability:
- The joint sponsor must meet the income requirements to demonstrate their ability to financially support the intending immigrant. The income threshold is typically set at 125% of the federal poverty guidelines, taking into account the household size.
- Legal Obligation:
- By signing the Affidavit of Support (Form I-864), the joint sponsor is legally obligated to financially support the immigrant, and their income and assets are considered alongside those of the primary sponsor.
- Relationship to the Immigrant:
- While there is no specific familial relationship required between the joint sponsor and the intending immigrant, the joint sponsor must have a genuine interest in supporting the immigrant and be willing to assume financial responsibility.
Joint sponsor checklist of required documents
The specific documents required for joint sponsorship in the immigration process can vary based on the immigration category and the forms being filed. However, here is a general Form I-864 checklist of documents commonly needed when serving as a joint sponsor:
- Affidavit of Support (Form I-864):
- The joint sponsor must complete and sign Form I-864, the Affidavit of Support. This form is a legally binding contract between the sponsor and the U.S. government, confirming the sponsor’s financial responsibility for the intending immigrant.
- Proof of U.S. Citizenship or Lawful Permanent Residency:
- For U.S. citizens, a copy of the passport, birth certificate, certificate of naturalization, or certificate of citizenship may be required. For lawful permanent residents, a copy of both sides of the green card is typically necessary.
- Proof of Domicile:
- Documents demonstrating that the joint sponsor maintains a principal residence in the United States. This could include a mortgage statement, lease agreement, utility bills, or other documents indicating a U.S. residence.
- Federal Income Tax Returns:
- Copies of the joint sponsor’s most recent federal income tax returns (Form 1040) with all schedules and attachments. This is to demonstrate the joint sponsor’s income over the past few years.
- Proof of Income:
- Recent pay stubs, employment verification letter, or other evidence of income. If the joint sponsor’s income is not sufficient, they may need to provide evidence of other financial assets, such as bank statements, property ownership, or investments.
- Employment Verification Letter:
- A letter from the joint sponsor’s employer confirming their job position, salary, and duration of employment. If self-employed, the joint sponsor may need to provide business documents.
- W-2 Forms:
- Copies of W-2 forms for the most recent tax year.
- Bank Statements:
- Recent bank statements to verify the joint sponsor’s financial assets.
- Credit Report:
- Some sponsors may be required to provide a credit report to demonstrate their financial stability.
- Other Financial Documents:
- Any other relevant financial documents, such as proof of ownership of real estate, stocks, or bonds.
