11 min. read
In Family Based Green Card applications, a U.S. citizen or lawful permanent resident (green card holder) can sponsor a family member which can be the spouse, children, parents, or siblings so that they can acquire green cards or immigrant visas, join their relatives and work in the US.
What are the Eligibility Requirements for Family Based Sponsorship?
There are two types for family-based sponsorship:
Immediate Relative
This type of sponsorship includes the closest relatives of U.S. citizens. These types of visas are always available to immediate relatives meaning there is no limitation in each fiscal year, so they can move forward with the immigration process quickly.
Family members in this category are as follows:
- Spouse
- Unmarried child under the age of 21
- Parent, if the sponsor is at least 21 years old
Family Preference
This type of sponsorship includes more distant family relationships, and the process takes longer since there is a limitation for these immigrants each year.
Family members in this category that a US citizen can sponsor are as follows:
- Unmarried sons and daughters, and their minor children (F1)
- Married sons and daughters and their spouses and minor children (F3)
- Siblings and their spouses and minor children if the US citizen sponsor is at least 21 years old. (F4)
Family members in this category that a Lawful Permanent Resident can sponsor are as follows:
- Spouses and unmarried children under the age of 21 (F2A)
- Unmarried sons and daughters above the age of 21 (F2B)
Inadmissibility
The reason there is a need for a financial sponsor in Family Based Green Card applications is to prove the immigrant is not financially dependent on the government of the United States. Economic grounds are stated as one of the inadmissibility grounds under INA § 212(a).
Affidavit of Support
The Affidavit of Support also known as the Form I-864 must be signed by the sponsor to prove that the immigrant is financially supported. This form is submitted along with the Family Based Green Card Application so if the sponsor is immigrant’s relative, he/she must establish the family relationship by filling and signing the Form I-130 (Petition for Alien Relative), Form I-485 (Adjustment of Status) and then Form I-864 (Affidavit of Support) for the financial sponsorship. However, this is the case for persons applying from the United States. Persons applying from outside the U.S should wait for the approval of the I-130 petition and the case to be transmitted to the National Visa Center (NVC). Generally, after 2-3 months from the approval of Form I-130 the NVC asks the petitioner and beneficiary to submit Form I-864.
What are the Required Documents for Form I-864?
Documents the sponsoring spouse or joint sponsor must provide are as follows:
- U.S. federal income tax return for the most recent tax filing year.
For the application to be stronger these can be provided too:
- Copies of your U.S. Federal income tax returns from the past 3 years
- Pay stubs from the most recent six months
- A letter from your employer as a proof of the employment
If the source of income is assets:
- Cash savings, stocks, bonds, or bank statements.
- Home or car ownerships such as title or deed.
Documents some sponsors must provide:
- For self employed persons, a copy of the Schedule C, D, E, or F from the most recent federal income tax return which establishes the income from the business.
- If there are more than one immigrant in the same affidavit of support, photocopies of the original affidavit of support for the additional immigrants.
- If the petitioning sponsor sponsoring his spouse or child is on active duty in the U.S. armed forces or U.S. Coast Guard, he must provide proof of the active military status.
- If he is using the joint income of people in your house to qualify, a separate Form I-864A must be filed for each of them. However, an intending immigrant whose income is being used needs to complete Form I-864A only if his or her spouse and/or children are immigrating with him or her.
- Proof that the intending immigrant’s current employment will continue from the same source if their income is being used.
- A copy of each household member’s individual federal income tax return, including W-2s and 1099s, for the most recent tax year, or evidence that they were not required to file. You may submit this information for the most recent three years if you believe it will help you qualify.
- If you use your assets or the assets of a household member to qualify, documentation of assets establishing location, ownership, date of acquisition, and value. Evidence of any liens or liabilities against these assets.
- A separate Form I-864A for each household member using assets other than for the intending immigrant.
- If you are a joint sponsor, substitute sponsor, or the relative of an employment-based immigrant requiring an affidavit of support, proof of your U.S. citizenship status, lawful permanent resident status, or U.S. national status.
- For U.S. citizens or U.S. nationals, a copy of your birth certificate, passport, or Certificate of Naturalization or Citizenship.
- For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card (also known as a Green Card).
If your legal guardian is signing this Form I-864 for you, the legal guardian must present:
- Proof of an appointment as legal guardian of your estate; and
- A copy of an order from the appointing court or agency specifically allowing the legal guardian to make your income and assets available for the support of the sponsored immigrant.
Sponsor’s Obligations
The sponsor’s financial obligations come to end when the person seeking Green Card:
- Dies.
- Becomes a U.S citizen.
- Has worked for 40 quarters in the U.S
- Has left the U.S and is no longer a Lawful Permanent Resident.
- Applies for a new grant of adjustment of status while in removal proceedings.
U.S. Citizenship And Immigration Services. U.S. Citizenship and Immigration Services USCIS. United States, 2004. Web Archive. https://www.uscis.gov/i-864
Sponsorship Income Requirements
- The sponsor must have annual income of at least 125% of the Federal Poverty Guidelines.
- The required income depends on the size of the household, the most common annual income is $25,550 for the two spouses living together.
- If the sponsor cannot meet the required annual income, he/she can use assets such as cash savings, stocks, bonds, or property ownerships for instance, the value of cars and homes which are 5 times the difference between the sponsor’s income and the poverty guideline.
- If the immigrant is the spouse or child of the sponsor the requirement is 3 times the difference between the sponsor’s income and the poverty guideline.
- It is also possible to have a joint sponsor when the sponsor’s annual income is insufficient.
