Family Immigration: How Joint Sponsors Help Meet Affidavit of Support Requirements

Introduction

Many family-based immigration cases require the petitioner to submit an Affidavit of Support to show that the intending immigrant is unlikely to become primarily dependent on the U.S. government for financial support. When the petitioner’s household income is not sufficient to meet the applicable requirements, a joint sponsor may sometimes help satisfy the financial requirement.

What Is a Joint Sponsor?

The petitioner generally must submit the required Affidavit of Support even when a joint sponsor is involved. A joint sponsor is a separate individual who agrees to accept certain financial responsibilities associated with sponsoring the intending immigrant. The joint sponsor does not replace the petitioner’s underlying family-based petition.

A joint sponsor generally must meet applicable eligibility requirements, including being a U.S. citizen or lawful permanent resident and meeting the required age and U.S. domicile requirements. The joint sponsor must also demonstrate sufficient income or qualifying financial resources under the applicable rules.

The joint sponsor typically submits a separate Affidavit of Support and supporting financial documentation. Depending on the circumstances, this may include tax records, evidence of current income, and other documents requested as part of the immigration process.

How Joint Sponsorship Works

A joint sponsor’s income is generally evaluated separately from the petitioning sponsor’s income. In other words, a joint sponsor normally cannot simply combine income with the petitioner to meet the financial requirement. Instead, the joint sponsor must independently meet the applicable income requirement for the relevant household size.

The joint sponsor’s household size can include the sponsor’s own household members and certain other individuals for whom the sponsor has financial obligations. Because household size can affect the required income level, determining the correct household composition is an important part of preparing the Affidavit of Support.

It is also important for potential joint sponsors to understand that signing an Affidavit of Support can create legally significant financial obligations. The affidavit is more than a statement that the sponsor intends to help financially; it may create an enforceable sponsorship obligation under applicable law. A person considering joint sponsorship should understand these responsibilities before signing.

Conclusion

A joint sponsor can be an important option when a family-based immigration petitioner does not have sufficient qualifying income. However, eligibility, household size, income calculations, documentation, and sponsorship obligations can vary depending on the circumstances.

This article provides general information and is not legal advice. Immigration and financial sponsorship requirements can be complex, and an error in determining eligibility or preparing the required forms may affect an immigration case. Prospective sponsors and applicants should consult a qualified U.S. immigration attorney regarding their individual circumstances.