Hello everyone! In this week's article, I will be discussing the general requirements of being a "Joint Sponsor" for immigration purposes. This is an important subject matter because of the current state of the economy and the financial impact of COVID-19 on people's income and earnings. For those that applied for, or are thinking of applying for a family member, this is especially important when their income has been severely impacted and is not sufficient to meet the requirements set by immigration to support the family member.
What is a "Joint Sponsor"?For immigration purposes, a "Joint Sponsor" or "Co-Sponsor" is a person who agrees to assume a legal immigration obligation (guarantor) to financially support an applicant for a family-based Immigrant visa or lawful permanent residency ("Green card"). This person, the joint sponsor, is in addition to the primary sponsoring person; in other words, where there is a joint sponsor, there must first be a primary sponsor.
When is a Joint Sponsor Necessary?As alluded to, a joint sponsor (also known as "co-sponsor") is necessary when the income and earnings of the primary sponsor and their household member, if included, cannot meet the minimum financial requirements to sponsor the beneficiary for the family green card. (Note: This minimum financial requirement is determined on a year by year basis and is known as the "HHS Poverty Guidelines".)
As an example: This year, 2023, the minimum income required to support 1 family member if you have a household size of 2 is $24,650 USD. (Please contact me if you need more information about other requirements).
In this case, the joint sponsor will submit a separate Form I-864, Affidavit of Support, in addition to the Principal Sponsor's Form I-864. The joint sponsor's income is not included in the primary sponsor's gross household income, but instead must independently prove that he or she meets the financial requirements as set by DHS
Requirements to be a Joint Sponsor?To be qualify as a joint sponsor, you must meet the following requirements:
1) Lawful US Residency Status – The joint sponsor must be a US citizen (either by birth or by Naturalization), or have status as a lawful permanent resident (green card).
2) Residency in the United States - Although there are exceptions, most joint sponsors must reside in the United States; that is, you must have a home and live in the U.S.
3) Sufficient Income - The joint sponsor's income must be 125% above the current year's minimum income requirement. Since the amount changes each year, you must check the current year's HHS Poverty Guidelines for Affidavit of Support requirements to determine if you qualify.
Evidence Required?Once you determine that you qualify as a joint sponsor, you must submit the following evidence:
Evidence of Lawful Status
US Citizen (by Birth) - If you are a U.S. Citizen by birth, then you will need to submit either your U.S. birth certificate or your U.S. passport.
US Citizen (by Naturalization) - If you were born in foreign country, say Thailand, but have naturalized to become a U.S. Citizen, you should submit a copy of your "Certificate of Naturalization".
Lawful Permanent Residents (Green Card) - If you are a Lawful Permanent Resident, you will need to submit both sides of your green card.
Evidence of IncomeAs discussed, the joint sponsor must earn at least 125% of the Federal Poverty Guidelines ("Poverty Guidelines"). Along with evidence of your status, you will need to submit your tax transcripts, Tax Returns and information on Form I-864, Affidavit of Support.
Okay. There you have it. A general discussion on joint sponsors and the requirements of becoming one. In a future article, I will discuss the legal obligations of being a joint sponsor.
If you still have questions, need assistance with your green card, travel documents, or any other legal issues, email me at: JC4LAW@HOTMAIL.COM, my office at (818) 505-4921, or my Thai direct line at (818) 505-4921. For those in Thailand, or outside the US, you can contact me on LINE: JC_esq Also be sure to check me out on FACEBOOK at: https://www.facebook.com/ThaiAttorney Be sure to follow (and "like") me for the most recent updates in the law, on the web at: WWW.JC4LAW.COM, and now on YouTube, seach "Joseph Chitmongran" (Please LIKE and SUBSCRIBE for more videos in the future).
Disclaimer: The information contained herein have been prepared for informational purposes only and are not to be considered legal advice unless otherwise specified. If you have a specific question regarding your personal case, please contact the Law Offices of Joseph Chitmongran for a full consultation.