Joint Affidavit Of Support Template for the United States

What is a Joint Affidavit Of Support?

The Joint Affidavit of Support serves as a critical document in U.S. immigration processes when a primary sponsor's income alone doesn't meet the required threshold. This legally binding contract, filed using Form I-864, demonstrates that two qualifying U.S. citizens or permanent residents commit to preventing the immigrant from becoming a public charge. The document requires detailed financial information from both sponsors, remains enforceable until specific conditions are met, and is subject to federal immigration law and USCIS regulations. It's particularly important when the primary sponsor's income falls below 125% of the Federal Poverty Guidelines for their household size.

About the Joint Affidavit Of Support

When you're sponsoring an immigrant to the United States but your income doesn't meet the required threshold, a Joint Affidavit of Support becomes essential for completing the immigration process. This legally binding document allows you to combine financial resources with another qualifying sponsor to demonstrate adequate support for your immigrant beneficiary.

When do you need this document?

You need a Joint Affidavit of Support when your individual income falls below 125% of the Federal Poverty Guidelines for your household size. This situation commonly arises for students, recent graduates, or individuals with fluctuating income who are sponsoring spouses, children, or other family members. The joint sponsor must be a U.S. citizen or lawful permanent resident, at least 18 years old, and domiciled in the United States. Unlike the primary sponsor, the joint sponsor doesn't need to be related to the immigrant beneficiary but must meet all financial requirements independently.

Key legal considerations

Both sponsors assume joint and several liability under this agreement, meaning either can be held fully responsible for any government benefits the immigrant receives. This obligation continues until the immigrant becomes a U.S. citizen, works for 40 qualifying quarters under Social Security, dies, or permanently leaves the United States. The government can pursue collection actions against either or both sponsors for reimbursement of means-tested public benefits. Income calculations must include wages, self-employment income, interest, dividends, and other sources, while certain deductions and exclusions apply. Both sponsors must provide extensive financial documentation including tax returns, employment verification, and bank statements.

Legal requirements in the United States

Under the Immigration and Nationality Act Section 213A and 8 CFR §213a regulations, joint sponsors must file Form I-864 with supporting evidence of income and assets. The primary sponsor files Form I-864, while the joint sponsor files a separate Form I-864 as a joint sponsor. Both forms must be notarized and submitted together with the immigrant's adjustment of status or consular processing application. USCIS requires current Federal Poverty Guidelines calculations, typically updated annually, and both sponsors must demonstrate domicile in the United States. The joint sponsor's household size includes only their own dependents, not the immigrant beneficiary, unless they're already supporting them. State contract laws may also apply to enforcement actions, and sponsors should understand that this creates a legally enforceable contract with the U.S. government that survives changes in relationship status or circumstances.