what if joint sponsor i 864 is prepared by lawyer

Until this summer some attorneys believed that they could draft a Joint Sponsor’s I-864 while simultaneously disclaiming an attorney-client relationship with that individual. For reasons explained below that is no longer possible. If a Joint Sponsor is an attorney’s client, the attorney must, among other duties, assess conflicts of interest.

Full Answer

Which I 864 form should you use?

It's always OK to use the plain I-864. Sometimes, you can file I-864EZ instead of I-864, if you meet all the requirements. Read the instructions here. You need to submit one affidavit of support for your father, and a separate affidavit for your mother. Just to be clear on that.

What is the only joint sponsor means?

A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant.

What is the difference between form I 864 and i864a?

What is the difference between I-864 and i864a? The joint sponsor will submit a separate Form I-864, Affidavit of Support in addition to the main sponsor’s I-864. Unlike a household member, a joint sponsor is not contributing to the main sponsor’s total household income. Regardless, he will submit Form I-864 on behalf of his spouse.

Where to file I 864?

Filing Fee. There is no filing fee to file Form I-864 with USCIS. For information on processing fees when filing with the U.S. Department of State (DOS), see www.travel.state.gov. Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the Specific . Instructions

Does joint sponsor fill out i864?

If you have a joint sponsor, they must also complete Form I-864. If you are using the income of other household members to qualify, then each household member who is accepting legal responsibility for supporting your relative must complete a separate Form I-864A, Contract Between Sponsor and Household Member.

Does joint sponsor need to pay affidavit of Support fee?

Copies of supporting documentation are not required for these family members. If you are a joint sponsor, substitute sponsor, or the relative of an employment-based immigrant requiring an affidavit of support, proof of your citizenship status, lawful permanent resident status, or U.S. national status.

What is proof of status for joint sponsor?

As part of the financial support form (Form I-864), the joint sponsor needs to include the same supporting documents as the sponsoring spouse, namely federal income tax returns, pay stubs, and a proof of employment letter.

How many joint sponsors can you have for I-864?

two joint sponsorsThere can be no more than two joint sponsors. If the first joint sponsor completes Form I-864 only for a few of the family members of the intending immigrant, a second qualifying joint sponsor can sponsor the remaining family members.

How do I file both parents on I-864?

Each family member with a separate visa petition must submit a signed Form I-864 with supporting documents from the petitioner/sponsor and Form I-864As with supporting documents from the joint sponsor(s) if applicable.

How long is a joint sponsor responsible for an immigrant?

The sponsor's responsibility lasts until the immigrant becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about ten years of work), dies, or permanently leaves the United States.

Does I-864 need to be notarized?

The form does NOT have to be notarized. The sponsor must sign the form, even if a joint sponsor also submits an I-864 to meet the income requirement. However, when signing the form, under the penalty of perjury, the sponsor certifies that all the information and documents provided are true and correct.

Does a joint sponsor have to live with the petitioner?

A joint sponsor is an additional sponsor that doesn't have to be related (to either party) and doesn't have to live at the same address. The joint sponsor must: Be a U.S. citizen, lawful permanent resident, or U.S. national who is at least 18 years of age, and.

Does affidavit of support need to be notarized?

The letter does not need to be notarized, but it is important to include a sworn statement that states, “I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.” The petitioner should understand that an affidavit is only supporting evidence.

Can a friend be a joint sponsor?

A joint sponsor can be a friend or family member. They do not have to live with either spouse, but if they do, they need to fill out Form I-864A (officially called the “Contract Between Sponsor and Household Member”).

How many times can I be a joint sponsor?

There may be no more than two joint sponsors. A joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor.

How much income do I need for Affidavit of support?

The most common minimum annual income required to sponsor a spouse or family member for a green card is $22,887. This assumes that the sponsor — the U.S. citizen or current green card holder — is not in active military duty and is sponsoring only one relative.

What is the third approach to working with joint sponsors?

A third and final approach to working with Joint Sponsors is to presume that the scope of representation – whether by design or imputation – will exceed mere preparation of the Form. In other words, the attorney accepts that her duties include more than merely completing the Form in a rule-compliant manner. On this approach, the attorney accepts that her scope of representations includes a holistic duty to advise the Joint Sponsor about the consequences of executing the I-864.

Who is Greg on I-864?

Greg is recognized as the leading national authority on enforcement of the Form I-864, Affidavit of Support. Greg represents low-income green card holders in lawsuits to recover support from their sponsors. Practicing family-based immigration law, Greg also focuses on helping married and engaged couples with U.S. immigration.

When is the next I-864 form 2021?

May 17, 2021. If your household income is insufficient to sponsor an intending immigrant on Form I-864, Affidavit of Support, you may enlist the additional support of a joint sponsor. This second sponsor is typically needed when the petitioning sponsor and their household do not have sufficient income and assets to satisfy ...

What is joint sponsor?

The joint sponsor is held jointly liable with the petitioner for the support of the intending immigrant. He or she does not have to be related to the petitioning sponsor or the intending immigrant.

Does joint sponsor count as household member?

If the joint sponsor is married, he or she may also include the income from his or her spouse. A joint sponsor’s spouse would count as his or her household member. Therefore, this sponsor would include an additional Form I-864A with the household member’s (spouse’s) information.

Do you need a family member to be a petitioning sponsor?

A petitioning sponsor must be a family member, but a joint sponsor doesn’t need to be related. He or she must: Be a U.S. citizen, lawful permanent resident, or U.S. national who is at least 18 years of age; Be domiciled in the United States, or its territories or possessions.

How old do you have to be to sponsor an I-864?

To qualify, an I-864 joint sponsor must meet all of the following requirements: Be a U.S. citizen or green card holder. Be at least 18 years old. Reside in the United States or a U.S. territory but not in either spouse’s household. Have total household income equal to at least 125% of the Federal Poverty.

When is a joint sponsor needed?

A joint sponsor is typically needed when the sponsoring spouse (primary sponsor) and their household do not have sufficient income and/or assets to satisfy the minimum financial requirement for a marriage-based green card. Other common reasons:

What is joint sponsor?

A joint sponsor — or a financial co-sponsor — is a U.S. citizen or green card holder (permanent resident) who agrees to take on the legal obligation of financially supporting an applicant for a family-based green card. Enlisting the help of a joint sponsor is typically an option when the income ...

What is the purpose of having a financial co-sponsor?

Reimbursing the government for use of public benefits: The purpose of having a financial co-sponsor is to prevent the marriage-based green card holder from becoming a “public charge,” ( what is a public charge ). IMPORTANT UPDATE — MARCH 9, 2021: Both the new Department of Homeland Security (DHS) public charge rule and the Department of State ...

What is the minimum income for a sponsor?

For a couple who live in the 48 contiguous states (mainland United States) and have no children, the required minimum annual income is currently $21,137. If income is too low, then assets can be used — ...

Can a friend be a joint sponsor?

Anyone who meets the above requirements can be a joint sponsor. They do not need to be related to either the sponsoring spouse or the spouse seeking a green card. A joint sponsor can be a friend or family member.

Does a joint sponsor's death end their obligations?

The joint sponsor’s death also ends their obligations. If they owed any support to the marriage-based green card holder before the joint sponsor died, however, the joint sponsor’s estate, if any, may be required to pay those debts. A joint sponsor’s obligations would continue, however, should the sponsoring spouse and marriage-based green card ...

What is the form I-864?

Form I-864. If you sponsor an immigrant to come to the United States, you must submit an affidavit of support for the immigrant. Form I-864 is an affidavit of support that contains details about your income and assets that helps the USCIS determine whether you can afford to support the immigrant after he arrives .

What is an I-864?

Form I-864 serves as a binding contract between you and the U.S. government. Although the immigrant can obtain a work permit or permanent residency and earn his own income, you and the joint sponsor are legally responsible for providing for the immigrant's needs. If the immigrant applies for and receives any means-based public welfare services, such as Medicaid or food stamps, the government can demand that you and the co-sponsor repay the amount of aid it provided to the immigrant. The immigrant also has the right to personally sue you and the co-sponsor if either of you fail to provide for his needs.

How long does it take to complete an I-864?

citizen or completes 40 quarters of work. It typically takes 10 years for an individual to complete 40 quarters of work.

What percentage of income is required to sponsor an immigrant?

Your income must meet or exceed 125 percent of the Federal Poverty Guidelines to be eligible to sponsor the immigrant. If your income and assets do not meet the requirements, another individual may serve as a joint sponsor.

What is the saving grace of affidavit of support?

The saving grace of the affidavit of support requirement is being able to use someone who does have sufficient income to sponsor the intending immigrant (s). This person could be anyone, provided they are an LPR or U.S. citizen, over 18, and domiciled in the United States.

Who is counted as a dependent on taxes?

You must count the sponsor, the sponsor’s spouse (regardless of where the spouse is residing), the sponsor’s unmarried children under 21 (regardless of where they are residing), anyone counted as a dependent on the last tax return, the intending immigrant, and any derivatives who are accompanying the principal beneficiary.

Who Is A Sponsor?

The Revisions and Their Import.

Is A G-28 Required?

• As an aside, there will likely be confusion going forward as to whether an attorney must file a G-28 if she prepares a Form I-864 for a Joint Sponsor. The Form I-864 itself provides that an attorney must file a Form G-28 if her “representation [of the sponsor] extends beyond preparation of this affidavit.” Yet puzzlingly, the official instructions ...

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Solutions.

Conclusion.

What Are The Obligations of A Joint Sponsor?

• 1. Providing financial support: Being a joint sponsor means being equally responsible as the sponsoring spouse (the primary sponsor) for financially supporting the marriage-based green card holder. That is, they must maintain a minimum annual income of 125% of the Federal Poverty Guidelines for their household size until their obligations to the gr...

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What Are Not Obligations of The Joint Sponsor?

When Will Those Obligations End?

What Happens If The Joint Sponsor Does Not Fulfill Their Obligations?