In the majority of family-based applications for permanent residence, the Petitioner must submit a form I-864 Affidavit of Support as a Sponsor. The sponsor must be a U.S. citizen, national, or lawful permanent resident (LPR), of at least 18 years of age and domiciled in the United States or a U.S. territory or possession. The sponsor must evidence must have an annual income equal to at least 125 percent of the Federal poverty line. By signing the I-864 The sponsor promises to:
- provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty income line. If the intending immigrant is the sponsor’s spouse or child, and the sponsor is on active duty in the Armed Forces it is not less than 100 percent of the Federal Poverty Guidelines.
- reimburse any federal or state agency that provides a means-tested benefit to the sponsored alien.
- submit to the jurisdiction of any Federal or State court for enforcement of the affidavit.
- inform the U.S. Citizenship and Immigration Services (USCIS) of any change of address.
Sponsors located outside the United States must have a residence in the United States that they use as their “principal, actual dwelling place and provide evidence establishing domicile (principal residence) in the United States. Those not domiciled in the United States will have to return to re-establish domicile before being able to qualify as a sponsor, alternatively, can try to convince USCIS or the consular official that will re-establish domicile in the United States on or before the intending immigrant obtains LPR status.
Where a petitioner does not have sufficient household income, they may use a joint sponsor. Although joint sponsor is not required to be a relative the new public charge rules, adjudicating officers may question if the joint sponsor actually intends to support the foreign national.
A sponsor can include income of their family members who share the same residence, such households members are not required to have any lawful immigration status but must submit a Form I-864A Contract between the Sponsor and Household member and provide their social security number if they have one. The sponsor can include the income of the intending immigrant if the income is lawfully earned, will continue after obtaining permanent residence and the intending immigrant lives with the sponsor or is married to the sponsor.
The Sponsor is required to satisfy the income requirement based on household income anticipated for the year in which the I-864 is filed, while income declared on prior years tax returns are useful evidence they are not conclusive, and there is no requirement to have made sufficient income in prior years. If income from the most recent tax year is deficient, additional evidence of current income must be provided. Self-employed sponsors need to rely more heavily on prior tax returns that report adjusted or net income after all deductions reported on Schedule C (Profit and Loss Statement), and other additional financial documentation of profitability. Where a Sponsor does not have sufficient income it is possible to use assets that can be liquidated within a year to meet the requierments of the I-864.