What Is a Green Card Joint Sponsor?
THE RESPONSIBILITIES OF A FINANCIAL CO-SPONSOR ON AN AFFIDAVIT OF SUPPORT (FORM I-864)
What is domicile?
A joint sponsor — or a financial co-sponsor — is a U.S. citizen or green card holder (permanent resident) who agrees to take on the legal obligation of financially supporting an applicant for a family-based green card. Enlisting the help of a joint sponsor is typically an option when the income (and assets, if any) of the “primary sponsor” and their household alone cannot meet the minimum financial requirement for a family-based green card.
Many prospective joint sponsors are understandably concerned about the legal commitment involved in this arrangement. But there’s no need to worry! The joint sponsor’s obligations have an expiration date, and it’s rare for joint sponsors to ever actually need to provide financial support. Joint sponsorship is essentially an insurance policy for the U.S. government in the unlikely event that the primary sponsor cannot fulfill their financial obligation to the future green card holder.
Throughout the rest of this article, we will focus just on joint sponsors for spouses seeking a marriage-based green card.
When a Joint Sponsor Is Needed
A joint sponsor is typically needed when the sponsoring spouse (primary sponsor) and their household do not have sufficient income and/or assets to satisfy the minimum financial requirement for a marriage-based green card.
Other common reasons:
- The primary sponsor’s income for the most recent tax filing year meets the requirement, but their income for the previous tax year does not.
- The primary sponsor uses non-U.S. income to qualify, but that income is reflected as a loss (negative) on their IRS Form 1040 (federal individual income tax return). Income used for sponsorship generally must be positive on a tax return.
The minimum required income for most sponsors is 125% of the Federal Poverty Guidelines for their household size and location. For a couple who live in the 48 contiguous states (mainland United States) and have no children, the required minimum annual income is currently $25,550. If income is too low, then assets can be used — but these assets must equal 5 times the difference between the joint sponsor’s income and the minimum required income.
Boundless has a detailed guide on the income and asset requirements by location for different household sizes. This guide also includes information about the types of income and assets that a joint sponsor can use to meet the financial requirement.
Responsibilities of a Joint Sponsor
Having a joint sponsor helps to ensure that the spouse seeking a green card will receive enough financial support to cover basic living needs and prevent them from becoming a “public charge” — that is, dependent on government benefits — upon arriving in the United States. To that end, the joint sponsor must fulfill a number of obligations until those obligations end.
What are the obligations of a joint sponsor?
1. Providing financial support: Being a joint sponsor means being equally responsible as the sponsoring spouse (the primary sponsor) for financially supporting the marriage-based green card holder. That is, they must maintain a minimum annual income of 125% of the Federal Poverty Guidelines for their household size until their obligations to the green card holder end (see below).
2. Reimbursing the government for use of public benefits: The purpose of having a financial co-sponsor is to prevent the marriage-based green card holder from becoming a “public charge,” (what is a public charge).
In 2022, the Biden administration proposed its own version of the public charge rule, which is currently now in effect. The 2022 rule mirrors the original 1999 Interim Field Guidance by defining a public charge as someone who is “primarily dependent on the government for subsistence,” by either (a) using public cash assistance to maintain income or (b) institutionalization for long-term care at the government’s expense.