Important Things You Should Know about I-864 Sponsors

We understand the path to permanent residency can be time consuming and stressful. There are different paths to take and you aren’t sure the best option for you, or your loved one. We understand the end goal is to be together with your family. 

In this blog, we are going to discuss I-864 Sponsors and the important things you should know about them. You will learn more about I-864 Sponsors. We always recommend speaking with an experienced immigration attorney if you have questions, or want to start the process to permanent residency. Wheeler Law understands your struggles and we will help you every step of the way to bring your family together again. 

What is the form I-864, Affidavit of Support? 

An Affidavit of Support, also called the Form I-864, is a document an individual signs to accept financial responsibility for the applicant who is coming to live in the United States. The person who signs the Affidavit of Support is also called the “sponsor.” 

What is the difference between sponsor and petitioner? / Is the sponsor and petitioner the same?

The petitioner who filed the immigrant visa petition (I-130) must be the sponsor. If the petitioner does not qualify, the petitioner may file with a joint sponsor or a substitute sponsor. 

Who qualifies as a sponsor?

An individual qualifies to be a sponsor if: 

1. He or she is a U.S. citizen or permanent resident 
2. at least 18 years old, 
3. is living in the United States when they file the affidavit of support (I-864), and
4. Must reach the 125% income requirement 

What are the income requirements for I-864 Sponsor?

A sponsor must reach the 125% income requirement as determined by the HHS Poverty Guidelines.

For example, if the Petitioner is the intending immigrant’s spouse, and they have two children, their household size is 4. As such, the Petitioner must make at least $37,500 a year in order to sponsor his spouse. If the Petitioner does not make at least $37,500, he or she will need a joint sponsor. 

What income is used? 

In general, your employment income (W2/1099) is used to determine whether you reach the 125% income requirement. However, if your sponsor does not meet the 125% income requirement but has significant assets, he or she may still qualify. If you plan on using assets to meet the income requirement, we highly recommend speaking with an experienced attorney at Wheeler Law.

What are sponsor responsibilities I-864?

When you sign the I-864 Affidavit of Support, you are accepting legal responsibility for financially supporting the sponsored immigrant(s). This means that if the immigrant you sponsored receives any “means-tested public benefits,” you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. 

How long do these responsibilities last?

A sponsor is financially responsible for supporting the sponsored immigrant(s) until (generally):

• The intending immigrant becomes a U.S. Citizen 
• The intending immigrant is credited with 40 quarters of work 
• Death of Sponsor or intending immigrant 
• The intending immigrant is no longer a lawful permanent resident and departs the United States.

Does divorce end my sponsor obligation? 

NO!

What is a joint sponsor or “co-sponsor”? 

A joint sponsor or “co-sponsor” is an individual who is willing to accept legal responsibility for supporting your family member with you. He or she must meet all the same requirements as you. The joint sponsor does not need to be related to you but it is strongly encouraged. In addition, the joint sponsor (and his or her household) must reach the 125% income requirement alone. 

What is a substitute sponsor?

In the event that the petitioner dies after the approval of the visa petition (I-130 petition, for example), USCIS allows a “substitute sponsor” to file the I-864 Affidavit of Support in place of the deceased visa petitioner. In order to be a “substitute sponsor” you must be related to the intending immigration in one of the following ways: 

• Spouse
• Parent 
• Mother-in-law
• Father-in-law
• Sibling
• Child (if at least 18 years old) 
• Son 
• Daughter
• Son-in-law
• Daughter-in-law
• Sister-in-law
• Brother-in-law
• Grandparent
• Grandchild 
• Legal guardian of the beneficiary 

The substitute sponsor must meet all the same requirements as a sponsor.

What is the difference between a joint sponsor and a household member I-864?

If the joint sponsor does not make enough on his or her own, they can use a member of their household (for example, their spouse) income to reach the 125% income requirement. 

For example, Juan wants to be the joint sponsor for his brother, Ricardo. Juan is married and has three kids. Therefore, he has a household size of 6 (including now Ricardo), so he must make at least $50,350. However, Juan makes $40,000 but his wife makes $20,000. As such, Juan and his wife can use both of their incomes in order to sponsor Ricardo. 

Can I be my own sponsor for I-864?

If the intending immigrant has already worked 40 quarters (approximately 10 years) in the U.S., then he or she may be able to file I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support. 

How much does I-864 cost?

There is no filing fee associated with the I-864 Affidavit of Support application. However, by signing the application, you are accepting financial responsibility to support the beneficiary (the immigrant applying for status).

Who does not need a sponsor? 

The following types of people do not need to file an affidavit of support:

• An individual who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States
• An individual who has an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant as a self-petitioning widow or widower
• An individual who has an approved Form I-360 as a battered spouse or child
• Orphans adopted by U.S. citizens abroad if a full and formal adoption takes place before the orphan acquires permanent residence and both adoptive parents have seen the child before or during the adoption.

What documents do I need to sponsor someone to the U.S.?

Depending on who the sponsor is, the documentation requirement will vary. We recommend speaking with an attorney. We have put a FREE printable checklist for you. Download here. 

Wheeler Law is available to answer any other questions you may have, and/or help you take the next steps to your, or your loved ones, future. Wheeler Law works hard to defend your legal rights and keep families together.  Call us now to schedule a consultation: (602) 586-5625. 

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