How do K visa holders Adjust Status (I-485) using co-sponsors?

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Part of the process of becoming a Permanent Resident (“Green Card” holder) requires the Affidavit of Support (form I-864) from a responsible sponsor. For fiance K-1 or K-2 visa holders, this is crucial for your I-485 approval.

A sponsor is anyone willing to take financial responsibility for a foreign immigrant after he or she gets Permanent Residency to the point when that immigrant “graduates” out. It’s the way the USCIS makes sure your foreign partner won’t become a “public charge” or rely on the government for support. (INA 213A)

The USCIS offers three choices, each of which carry their own obligations:

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❒ Option # 1 – Petitioner sponsors the immigrant
This is where the US spouse sponsors the K-1 visa immigrant and any K-2 children above the minimum 125% Federal Poverty Guidelines (FPG). For qualified military personnel, the minimum is 100% of the poverty limits.

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❒ Option # 2 – Use a Joint or Co-sponsor
One or more qualified persons can sponsor your immigrant spouse or children. You can even use a combination of self sponsor + joint sponsor. This option is explored in detail in this article.

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❒ Option # 3 – Combine with Household members’ Income
The final option is to combine your income with that of household member(s) to make up the deficit. Although this applies to K visa holders adjusting status, we’re not going to discuss this option in detail.

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In summary: your options include sponsoring by yourself (petitioner), using a joint / co-sponsor for help, or using a combination of the options. Co-sponsors can often assist if your income is below minimum or if you have too many immigrants to support at once. 

**NOTE: Substitute sponsors may apply to K visa holders adjusting status.

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Option # 1 – Petitioner Sponsors the Immigrant

The first option is the most common: where you, the US petitioner, are the primary sponsor for your immigrant spouse. You submit a completed I-864 Affidavit of Support with all supporting documents, including but not limited to tax returns, pay stubs, bank statements, and anything else necessary. See my checklist for details.

If you don’t have enough income or assets to meet the 125% limit, you may use either option # 2 or option # 3. Keep in mind, however, that even if you decide to use a joint sponsor, you must still submit your very own I-864 form. That way, the USCIS is assured you’re indeed responsible for your partner’s well being despite using a joint sponsor.

My meticulous guidance on preparing your I-864 is available if you’re ready to begin.

Again, the USCIS likes to see the US petitioner assume responsibility for all K-1 and K-2 visa applicants. However, if you can’t do so with your own income / assets, the USCIS accepts joint sponsors or contributions from household members.

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Option # 2 – Using a Joint or Co-Sponsor

The second option is to use one or two joint sponsors. 

Being a co-sponsor carries huge responsibility because you’re asking someone to take financial risk when they sponsor an immigrant. A bit of hesitation is common among family members or friends.

But if a family member or friend does accept this responsibility, here are the details.

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To be a joint sponsor, YOU MUST

✔ Be 18 years or older

✔ Be a US citizen, US national, or Legal Permanent Resident (LPR)

✔ Be a natural person (not a company)

✔ Live in the US (or one of its territories) or be “domiciled” here

✔ Have legal source(s) of income or assets for financial support and be above the 125% required for their particular household size

✔ Agree to, sign, and fill out form I-864

Source: Code of Federal Regulations

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YOU DO NOT

✘ Have to be related to the immigrant or petitioner

✘ Have to live in the same residence

✘ Have to sponsor all immigrants (in fact, you can split up the responsibility between the petitioner or another co-sponsor, as explained below)

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The US petitioner may self-sponsor one family member, while a joint sponsor sponsors another immigrant OR the joint sponsor can sponsor all immigrants together. There’s a good deal of flexibility allowed by the USCIS.

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Which type of income is usable for Joint Sponsors?
All legal sources of income are allowed, including but not limited to: Salary, wages, dividends, capital gains, SSA benefits, retirement benefits, rental income, and much more. As long as they appear in your tax returns, transcripts, any W-2 forms, or schedules, it’s acceptable. Assets are also allowed if the co-sponsor can show either 3x or 5x the difference income.

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What are the income or asset requirements?
The income or asset requirement is almost the same as if the petitioner was doing the forms. The joint sponsor must be able to support the number of immigrants being sponsored in addition to their own “household size”. First, calculate the “household size” according to the I-864 instructions; then compare your annual income to the Federal Poverty Guidelines (US HHS) in the I-864p. The joint sponsor must surpass 125% of the current poverty limits (note: the 100% limit for military personnel doesn’t apply to co-sponsors).

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Which immigrant(s) can a joint sponsor cover?

A co-sponsor can pick up any “immediate relative” such as a K-1 or K-2 visa applicant as long as the sponsor is qualified.

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How many joint sponsors can you have?

There’s a simple rule to how many joint sponsors you can have: You can only have one (1) joint sponsor for a K-1 visa holder. However, if there are K-2 children adjusting status, regardless of how many, you’re allowed up to one (1) additional joint sponsor. Therefore, you can never have more than two (2) total joint sponsors. Slightly different rules apply when “following to join”. 

The US petitioner is allowed to use a combination of self-sponsoring in addition to using a joint sponsor.

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Is there a limit to how many times someone can sponsor immigrants? 

Any joint sponsor can sponsor any number of immigrants as long as he/she qualifies. Meaning, a joint sponsor can support 1 or more immigrants as long as he/she has “enough” income or assets. 

Realize that obligations for previous immigrants sponsored last for several years (or until certain criteria are fulfilled). So if your joint sponsor has sponsored immigrants in the past, the joint sponsor may still be responsible for those immigrants and it will count against the “household size”.

Next, notice that there’s a common strategy allowed by the USCIS where the US petitioner sponsors the K-1 visa beneficiary, but uses a joint sponsor(s) to support any K-2 visa children, or vice versa.

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In summary, Joint sponsors can sponsor either 

(1) the K-1 visa holder only,

(2) the K-1 visa holder and all/some children, or 

(3) One or all K-2 children

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Keep in mind, you can split the responsibility between different joint sponsors and even between the petitioner and co-sponsors.

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How does a Joint Sponsor(s) prepare Form I-864?

A joint sponsor somewhat “replaces” the primary sponsor’s responsibility. The joint sponsor fills out and submits the I-864 as if he/she was doing it all — filling the form, gathering evidence, and supporting documentation. 

And although I go through the entire I-864 form in detail in another video, I’ll point out a few noteworthy questions here:

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Part 1 “basis for filing Affidavit of Support”, questions 1.d., 1.e. and 1.f. ask you to select whether you’re an only joint sponsor or if you’re a team of two separate joint sponsors. If you are the only co-sponsor, select 1.d. If you’re one of two sponsors, select the appropriate box in item 1.e. 

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Part 3, “information about the immigrant you are sponsoring”, question 1, 2 and 3: Select the appropriate response based on whom you’re sponsoring. Remember, a joint or co-sponsor can support one or more family members or children. If the sponsor is sponsoring the children as “derivative” applicants, the “principal” applicant may be picked up by someone else (another joint sponsor or even the petitioner spouse). 

Item # 3 is if you’re using the “following to join” option for K-2 visa children.

For questions 4a – 28, repeat the names and information for any K-2 children (“family member”) for whom the joint sponsor is taking responsibility.

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For Part 4. “Information about you (sponsor)” be sure to prove you’re domiciled in the US even if you don’t physically live here (note: the I-134 domicile requirements are the same as the I-864).

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Frequently Asked questions

Is it “better” to self-sponsor or use a joint sponsor?

Is there an advantage to the petitioner being the sponsor? And will it hurt your case if you use a joint sponsor instead?

Although, the USCIS prefers that the US petitioner be the sponsor for all immigrants, it’s not required. It comes down to how reassured the USCIS is regarding the sponsor taking up responsibility for the immigrant(s).

In consideration to the “totality of circumstances”, if the US petitioner is the sponsor, the USCIS is more assured that you will fulfill your obligation of keeping your partner from becoming a “public charge”. 

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USCIS policy manual lists how a joint sponsor may be evaluated

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If you use a joint sponsor, however, the USCIS may not be as convinced about the person assuming responsibility of the immigrant(s). That’s why the USCIS takes into account the relationship of the joint sponsor to the immigrant(s). The closer the relationship (parent-in-law, sibling-in-law, etc) the better, instead of using a friend or an unrelated individual.

In the end, however, it’s usually not problematic to use a joint sponsor and it usually doesn’t negatively affect the outcome of a Green Card application — as long as the joint sponsor is qualified and can adequately support the immigrant(s).

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Does it cost anything to become a joint sponsor?

There’s no filing fee or additional cost to be a joint sponsor. The only costs you may incur are those involved in getting supporting documentation. For example, you may have to retrieve tax returns, bank statements, or information about assets.

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How does a co-sponsor use assets?

If the joint sponsor doesn’t have enough income, he or she is allowed to use assets to “make up the difference”. For spouses adjusting status, the 3x or 5x rule applies. This means the joint sponsor must be able to come up with assets valued at 3 or 5 times the difference to support a household of the joint sponsor’s size. 

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Can you withdraw or cancel if you’re a joint / co-sponsor?

For any reason, if a co-sponsor decides to cancel or withdraw an Affidavit of Support, he / she must do so in writing before the Green Card is granted. 

Note, however, that if the Permanent Residency is already granted to the K-1 or K-2 visa beneficiaries, then the USCIS has already accepted your I-864 contract and you cannot back out. 

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How long am I responsible for the immigrant?

Going back to our earlier discussion, many sponsors feel it’s risky to be a joint sponsor. There’s fear surrounding the legality of being accountable for an immigrant’s financial well being for a set period of time. There are potential negative consequences because the I-864 is an enforceable formal contract between you and the US government.

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The obligation of a co-sponsor terminates:

► When / if the immigrant earns 40+ qualifying credits (as per Social Security criteria). This is generally 10 years of working, but each situation is different.

► When / if the immigrant becomes a US citizen.

► If the immigrant permanently leaves the US or abandons the LPR status.

► If the immigrant dies.

► In rare situations, if someone else sponsors the immigrant with a new Affidavit of Support following removal proceedings

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Divorce doesn’t terminate the responsibility.

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Must a co-sponsor appear for an interview?

The joint sponsor is not required to attend the green card interview with the married K visa couple. However, a joint sponsor may be required (rarely) to submit fingerprints or photographs for a biometric appointment. The USCIS will inform you about the details if they schedule you for such an appointment at an Application Support Center (ACS).

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Does the US petitioner submit the I-864 even if they use a joint sponsor?

Yes, as noted earlier: if you’re the petitioner (the one who filed the I-129F), you still need to fill out the I-864 even if you use a joint sponsor… even if you’re not working, are unemployed, retired, a student, etc.  In addition, you must include any supporting documents that apply. Having a joint sponsor doesn’t take away the responsibility from the petitioner spouse.

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What if there is an RFE, NOID, or denial?

The outcome of a I-864 submission can be a Request for Evidence (RFE); Notice of Intent to Deny (NOID); or a flat “inadmissible” finding (denial). Often, the USCIS grants you an RFE as an opportunity to come up with an adequate Affidavit of Support if they feel that your “totality of circumstance” requires a different sponsor. Sometimes they may issue a denial if they determine you’re clearly inadmissible. 

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