Financial Sponsorship of Family-Based Immigrants
Date of Information: 05/23/2025
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If you're reading this, chances are you've agreed to serve as a financial sponsor for a friend or relative's family-based immigration. From all of us at Charles International Law: thank you for your commitment to helping aspiring immigrants take their first steps toward the American dream!
What is Financial Sponsorship?
Financial sponsorship in family-based immigration ensures that intending immigrants are not found inadmissible under the “public charge” ground. Sponsors submit Form I-864, a legally binding contract pledging to maintain the immigrant at 125% of the Federal Poverty Guidelines. While the petitioning sponsor is usually a family member, joint sponsors and household members do not need to be related to the immigrant. Sponsors must be U.S. citizens or lawful permanent residents, at least 18 years old, and domiciled in the United States. The I-864 helps overcome concerns that the immigrant might rely on public benefits after admission.
Frequently Asked Questions on Financial Sponsorship:
1. Who can be a financial sponsor?
Any U.S. citizen or lawful permanent resident, age 18 or older, domiciled in the U.S., and able to meet the required income or asset threshold.
2. Do I need to be related to the immigrant to sponsor them?
No. Only the petitioning sponsor must be related. Joint sponsors and household members do not need to be related to the immigrant.
3. What is Form I-864?
Form I-864 is a legally binding Affidavit of Support that shows an immigrant has adequate financial backing to avoid becoming a public charge.
4. How long does the sponsorship obligation last?
Until the immigrant becomes a U.S. citizen, works 40 quarters, permanently leaves the U.S., or dies—whichever comes first.
5. What happens if the immigrant uses public benefits?
Sponsors may be sued by a government agency to reimburse the cost of certain means-tested public benefits received by the immigrant.
6. What is the income requirement to sponsor someone?
Sponsors must show income at or above 125% of the Federal Poverty Guidelines based on household size (100% for military sponsors of spouses/children).
7. Can I use assets instead of income?
Yes. Assets may be used to supplement income if they can be converted to cash within one year and meet minimum value thresholds.
8. Can multiple people sponsor the same immigrant?
Yes. If the petitioner’s income is insufficient, a joint sponsor or a household member (via Form I-864A) can help meet the requirement.
9. Is the I-864 a legally enforceable contract?
Yes. It can be enforced in court by the sponsored immigrant or government agencies providing certain public benefits.
10. Does signing Form I-864 affect my taxes or credit?
No. Sponsorship doesn’t affect your taxes or credit score, but it does create a civil liability that may be enforced in court.
11. Can I sponsor more than one family-based immigrant?
Yes, you can sponsor multiple immigrants, but you must separately meet the income requirement for each. Your total household size increases with each sponsorship, which raises the minimum income threshold you must demonstrate.
12. Do the immigrants I sponsor have to live with me once they reach the United States?
No. There’s no requirement that sponsored immigrants live with you. However, you remain financially responsible for them regardless of where they reside in the United States.
13. Do I have to make any payments to the immigrant or the government up front?
No. Financial sponsorship does not require upfront payments. You’re only obligated to provide financial support if the immigrant cannot meet their basic needs or receives certain means-tested public benefits.
Document Checklist for Prospective Sponsors:
If you intend to sponsor a family-based immigrant, be prepared to submit the following to USCIS or your attorney:
- U.S. passport (photo page)
- U.S. birth certificate
- Naturalization or citizenship certificate
- Green card (if the sponsor is a lawful permanent resident)
- Most recent IRS Form 1040 with all schedules
- W-2s or 1099s for that year
- Prior 2 years of tax returns (if available)
- If not filed: explanation and alternate income documentation
- Recent pay stubs (last 6 months)
- Employment verification letter
- Self-employment: invoices, 1099s, or P&L statement
- Bank statements showing recurring deposits
- Bank account statements (checking/savings)
- IRA or 401k statements
- Property deed with recent appraisal or tax assessment
- Vehicle title and value estimate (if non-primary)
- State-issued ID or driver’s license
- Lease agreement or utility bills
- Voter registration or U.S.-based pay stubs
- Form I-864A and household member’s income docs (if applicable)
- Joint sponsor packet, if used
- Proof of relationship with the immigrant (if not already submitted)
What Laws Apply?
Several statutes and regulations relate to the financial sponsorship of family-based immigrants.
Statutes
INA § 212(a)(4) (8 U.S.C. § 1182(a)(4)) – Inadmissibility on Public Charge Grounds
Establishes that any intending immigrant likely to become a public charge is inadmissible.
Form I-864 is a statutory mechanism to overcome this ground of inadmissibility.
Please see our research guide on Public Charge Inadmissibility for more information.
INA § 213A (8 U.S.C. § 1183a) – Affidavit of Support Requirements
Mandates the use of a legally enforceable affidavit of support (Form I-864) for certain immigrant categories.
Key features:
Creates a contract between the sponsor and the U.S. Government.
Makes the sponsor financially liable for certain means-tested benefits received by the immigrant.
Enables government agencies (federal, state, or local) and the sponsored immigrant to sue the sponsor to recover costs.
Regulations
8 C.F.R. § 213a – Affidavits of Support on Behalf of Immigrants
This is the primary regulatory section interpreting and implementing the statute under 8 U.S.C. § 1183a.
It covers:
When an affidavit of support is required
Who qualifies as a sponsor
Income and asset calculation
How long the sponsorship obligation lasts
Enforcement and termination of obligations
Requirements for joint sponsors and household members (Form I-864A)
Agency Policy and Practice Guidance
USCIS Policy Manual (Volume 7, Part F)
Describes the procedures and standards for assessing affidavits of support.
Provides interpretive guidance to adjudicators on sufficiency of income, use of assets, joint sponsorship, etc.
USCIS Adjudicator’s Field Manual (AFM) (legacy guidance)
Although superseded by the Policy Manual, portions are still informative regarding past practices and enforcement.
Where Can I Go for Additional Help?
Financial sponsorship can be a daunting proposition, especially if you are not related to the prospective immigrant by blood or marriage. Moreover, the laws can be confusing and slightly different in different U.S. locations. For thorough assistance, please schedule a consultation with Charles International Law.
Other Helpful Resources:
See Also:
CIL Guide to Public Charge Inadmissibility
