Co-Sponsor in Immigration
In the pursuit of immigration dreams to the United States, sometimes the journey requires more than the effort of the individual applicant alone. Co-sponsorship, a concept that involves a collaborative financial commitment, can play a pivotal role in helping applicants meet the stringent financial requirements set by immigration authorities. This article delves into the world of co-sponsorship in U.S. immigration, unraveling its significance, and intricacies, and how it can be a beacon of hope for individuals seeking to build new lives on American soil with the support of family members or close associates.
Table of Contents
What Is a Joint Sponsor?
A joint sponsor, also known as a co-sponsor, is an eligible American citizen or U.S. permanent resident who agrees to accept responsibility for providing financial support to a family member who is being sponsored for a Green Card in the event that the primary sponsor does not have adequate financial resources to do so.
When an American citizen or U.S. permanent resident files a Form I-130 Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS) to sponsor a spouse or other eligible family member for a Permanent Resident Green Card, he or she will also need to file the Form I-864 Affidavit of Support, showing the required financial resources to take care of the sponsored family member while he or she is living in the USA.
In some cases, however, the American citizen or U.S. permanent resident who is sponsoring a family member for a Green Card does not possess the financial resources required to sponsor a new immigrant.
Co-sponsoring an immigrant is a common remedy to this situation and generally involves the primary sponsor (i.e., the petitioner) finding a family member, friend or other interested party who is an eligible American citizen or U.S. permanent resident who is willing and able to also financially support the sponsored immigrant (i.e., the beneficiary).
In a sense, co-sponsoring an immigrant is similar to co-signing for a loan, in that the co-signer accepts legal responsibility to make the loan payments if the primary borrower fails to do so.
A joint sponsor or co-sponsor has the same legal contractual obligation to support the sponsored immigrant (beneficiary) as the primary sponsor (petitioner), has to meet certain criteria and must also file the Form I-864 Affidavit of Support with USCIS.
When a Co-Sponsor Is Needed?
Co-sponsoring an immigrant is generally needed when the primary sponsor (the petitioner) does not have the financial resources required to sponsor a family member (the beneficiary) for a Green Card through the Family Sponsorship Program.
A primary sponsor may also need a secondary co-sponsor in the event that his or her yearly income currently satisfies the financial resources requirement for sponsorship, but it did not meet the criteria during the previous year.
The United States government does not want to approve someone for U.S. immigration who will need to receive welfare payments and/or other social benefits that are paid for by American taxpayers and, therefore, the primary sponsor must have enough money to support himself/herself and any family member he or she sponsors for a Green Card.
It should be noted, however, that U.S. permanent residents and citizens are entitled to certain Social Security benefits once they meet the eligibility requirements (for example, once they reach the official Social Security retirement age or meet other criteria).
As an example, an American citizen or U.S. permanent resident might marry a foreign national while living outside the United States or a temporary legal resident who is living in the USA and want to sponsor his or spouse for a Permanent Resident Green Card to be able to live and work in the USA for an unlimited amount of time; however, the sponsoring spouse does not earn enough money to satisfy the financial resources requirement for Family Sponsorship.
In this example, the petition to sponsor a family member for a Green Card might be denied due to lack of adequate financial resources; however, by co-sponsoring an immigrant (i.e., having a primary sponsor and a secondary sponsor), the petition could be approved (assuming all of the other criteria are satisfied), because the two sponsors collectively have enough money and have both legally committed to make sure the living expenses of the new immigrant are taken care of.
What Are a Joint Sponsor’s Responsibilities?
The responsibilities of a co-sponsor include:
- Earning at least 125% of the Federal Poverty Guideline’s minimum yearly income
- Making sure that the sponsored immigrant has enough money for living expenses
- Ensuring that the sponsored immigrant does not have to depend on public welfare
- Reimbursing the government if the sponsored immigrant receives public welfare
- Notifying USCIS whenever the co-sponsor changes his or her address
What are not responsibilities of the co-sponsor?
- The co-sponsor is not responsible if the sponsored immigrant violates the law.
- The co-sponsor is not responsible for paying the sponsored immigrant’s taxes.
- The co-sponsor is not responsible for any debts the sponsored immigrant incurs.
What happens if the co-sponsor fails to meet his or her responsibilities?
- The co-sponsor could be sued by the sponsored immigrant (the beneficiary) for failing to provide support.
- The co-sponsor could be sued by the government agency that paid benefits to the sponsored immigrant.
- The co-sponsor could receive a fine if he or she did not inform USCIS about a change of address.
When will the co-sponsor’s responsibilities begin?
- The responsibilities of the co-sponsor begin after the immigrant is granted permanent resident status.
When will the responsibilities of the co-sponsor end?
- Once the sponsored Green Card holder is granted U.S. citizenship
- Once the sponsored Green Card holder has been working in the USA for 10 years
- Once the sponsored Green Card holder has abandoned his or her U.S. permanent residency
- Once the sponsored Green Card holder dies
How to Become a Co-Sponsor?
- In order become a co-sponsor of an immigrant, an individual must:
- Be an American citizen or U.S. permanent resident who is at least 18 years of age
- Live in the USA or in a territory of the United States
- Not live with the primary sponsor or the immigrant who is being sponsored for a Green Card
- Commit to co-responsibility with the primary sponsor to support the sponsored immigrant financially
- Earn a yearly income that is at least 125% of the level for the federal poverty guidelines
Can there be more than one co-sponsor?
There can be as many as two co-sponsors for a family member who wants to be sponsored for a Green Card.
Who can become a co-sponsor?
A co-sponsor can include a family member, friend or other third party who is an American citizen or U.S. permanent resident at least 18 years of age who also satisfies all of the other criteria for co-sponsoring an immigrant.
Which documents must a co-sponsor provide when filing the Form I-864 Affidavit of Support?
- The co-sponsor must provide documentation confirming American citizenship or U.S. permanent resident status, such as a copy of the photo page from a valid U.S. passport or a copy of a valid Permanent Resident Green Card.
- The co-sponsor needs to provide documentation showing that he or she has the required financial resources
What are the financial requirements for a co-sponsor in 2023?
- A co-sponsor with a 1-person household needs a minimum yearly income of $21,775
- A co-sponsor with a 2-person household needs a minimum yearly income of $24,650
- A co-sponsor with a 3-person household needs a minimum yearly income of $31,075
- A co-sponsor with a 4-person household needs a minimum yearly income of $37,500
- A co-sponsor with a 5-person household needs a minimum yearly income of $43,925
- A co-sponsor with a 6-person household needs a minimum yearly income of $50,350
- A co-sponsor with a 7-person household needs a minimum yearly income of $56,775
- A co-sponsor with an 8-person household needs a minimum yearly income of $63,200
How to Avoid Common Problems in This Process?
- Make sure the primary sponsor, secondary sponsor and sponsored immigrant all understand what is required of them
- Complete the Form I-864 Affidavit of Support correctly and include all of the supporting documents
- Maintain good communication among the primary sponsor, secondary sponsor and sponsored immigrant
Conclusion
Being able to sponsor a spouse or other family member for a Green Card is one of the many benefits of having U.S. citizenship or permanent resident status.
It is important to know that if an American citizen or U.S. permanent resident wants to sponsor a family member for a Green Card, but does not satisfy the financial resources requirement for the Affidavit of Support, there is a co-sponsor immigration option available.
Family Sponsorship is one of several ways to receive a Permanent Resident Green Card.
Other U.S. immigration pathways include Employment-Based Green Cards and the Diversity Immigrant Visa Program (also known as the Green Card Lottery).
There are also many ways to live and work in the USA on a temporary basis (for one or more years), such as with a temporary work visa (examples include the H-1B Visa, L Visa, and O Visa).
How can you know which U.S. visa program is right for you?
Since 2001, USAFIS has been providing information and assistance (available in several languages) to people around the world who want to relocate to the USA.
USAFIS can provide you with a U.S. Visa Assessment which will let you know which program(s) you are eligible to apply for.
You can also receive supplementary services to help make it easier for you to relocate to the USA.
Are you ready to take the first step toward realizing your American Dream?
Frequently Asked Questions (FAQ’s)
What is a co-sponsor?
A co-sponsor in immigration (also known as a joint sponsor) is an eligible American citizen or U.S. permanent resident who agrees to accept responsibility for providing financial support to a family member who is being sponsored for a Green Card in the event that the primary sponsor does not possess adequate financial resources to do so. The primary sponsor and the secondary sponsor must both file the Form I-864 Affidavit of Support with USCIS.
How does a co-sponsor work?
Co-sponsor immigration generally involves an eligible American citizen or U.S. permanent resident who is applying to sponsor a family member (such as a spouse) for a Permanent Resident Green Card through the Family Sponsorship Program, but the primary sponsor does not satisfy the financial resources requirement for the Form I-864 Affidavit of Support. Therefore, the primary sponsor finds a co-sponsor who will also commit to make sure the sponsored immigrant has enough money to pay for living expenses in the United States. The co-sponsor must also file the Form I-864 Affidavit of Support and satisfy all of the sponsorship criteria, such as being a U.S. citizen or permanent resident who is at least 18 years of age and meeting the financial resources requirements. Key goals of co-sponsor immigration is to make sure the sponsored family member has enough money for living expenses in the USA and to prevent the new immigrant from having to receive government welfare benefits.
What does it mean to co-sponsor an immigrant?
Co-sponsoring an immigrant means to jointly take legal responsibility with a primary sponsor (the petitioner) to make sure the sponsored family member (the beneficiary) has enough money for everyday living expenses in the United States, so that the new immigrant does not need to receive public taxpayer-funded welfare.
What is the difference between a joint sponsor and a co-sponsor?
A joint sponsor for immigration is the same as co-sponsoring an immigrant. Both of these terms refer to a secondary sponsor who is an eligible U.S. citizen or permanent resident who agrees to join a primary sponsor (who is also an eligible U.S. citizen or permanent resident) in making sure that the sponsored family member has enough money to pay for everyday living expenses in the United States and to prevent the new immigrant from requiring public welfare benefits.
What is the difference between a co-sponsor and a sponsor?
A sponsor is the primary sponsor (the petitioner) who files the Form I-130 Petition for Alien Relative and Form I-864 Affidavit of Support with USCIS for the purpose of sponsoring his or her family member (such as a foreign-born spouse) for a U.S. Permanent Resident Green Card. The co-sponsor (or secondary sponsor) could be an eligible family member, friend or other third party who also files the Form I-864 Affidavit of Support with USCIS and agrees to support the sponsored family member who will be living in the USA. There is only one primary sponsor, but there can be as many as two co-sponsors, all of whom are committed to providing for the sponsored family member (the beneficiary).
What is an example of a co-sponsor?
An example of a co-sponsor in immigration could be the parent of an eligible U.S. citizen or permanent resident who is also an American citizen or U.S. permanent resident living in the USA who agrees to financially support the family member (such as a foreign-born spouse) who is being sponsored for a Green Card. In other words, a U.S. citizen or permanent resident marries a foreign national, but doesn’t earn enough money to sponsor the spouse alone and, therefore, asks his or her parent(s) to commit to help out financially.
What is a co-sponsor for immigration?
A co-sponsor for immigration is someone who is an American citizen or U.S. permanent resident at least 18 years of age with the required household income who agrees to be responsible for the financial support of a family member (such as a spouse) of another U.S. citizen or permanent resident who is applying for a Permanent Resident Green Card through the Family Sponsorship Program. Both the co-sponsor and the sponsor (the petitioner) agree to be legally responsible for the living expenses of the sponsored family member (the beneficiary) while he or she is living in the USA. The reasons for co-sponsoring an immigrant are because the primary sponsor does not satisfy the financial resources requirement for Family Sponsorship and needs a co-sponsor to help ensure that the sponsored family member has enough money for everyday living expenses and does not need public welfare benefits.
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