When do I need a joint sponsor for my marriage-based green card case?

Feb 08, 2010 by No Comments

As a general rule, the U.S. citizen petitioner in a marriage-based green card case must show the United States Citizenship and Immigration Services (USCIS) that he/she has sufficient income to ensure that the beneficiary-spouse will not become a public charge (i.e. need welfare benefits, etc.).  This information is set forth on what is known as an Affidavit of Support, which is filed at the same time as the green card petition.  The petitioner’s income must meet or exceed 125% of the Federal poverty guidelines indicated for petitioner’s household size.  The Federal poverty guidelines are updated each year and published by the Federal government.  The current guidelines are found at this link: http://www.uscis.gov/files/form/i-864p.pdf.  For example, currently, for a household of two, the amount that a sponsor must meet or exceed is $18,212 per year. 

If the petitioner cannot meet the income requirements for his/her household size, he/she must have a U.S. citizen joint sponsor for the green card petition, which is typically a family member or friend (although it can be any U.S. citizen willing to jointly-sponsor the beneficiary).  The joint sponsor will sign a separate Affidavit of Support and attest that the beneficiary will not become a public charge.  The petitioner’s Affidavit of Support and the joint sponsor’s Affidavit of Support will both be included in the green card petition, along with supporting documentation confirming the income stated.  Examples of supporting documents include tax returns, recent paystubs, and a letter from the sponsor/joint sponsor’s employer verifying the person’s salary and employment.  If you need assistance with your marriage-based green card petition or have any questions about the above joint sponsorship requirements, please don’t hesitate to contact our office.

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