Posted by Frank Gogol in Immigrants | Updated on November 22, 2022
At a Glance: Sponsoring a friend’s immigration petition financially can make a big difference to their application. As long as you ensure your friend does not receive any benefits from any means-tested government assistance programs, you’ll be safe.
Can a U.S. citizen sponsor a non-family member for immigration? Unfortunately, no, you can’t petition for a foreign national’s visa or green card if they aren’t a family member. But there is still a way you can help. You can sponsor your friend’s immigration petition financially. Being a financial sponsor to an immigrant can make a big difference to their application and can be the difference between being approved or rejected.
You can sponsor your friend financially by providing a Form I-864, Affidavit of Support. But before you commit to sponsoring your friend financially, you must understand what it means.
When you sponsor your friend, you guarantee they will have enough finances (from their employment and from your financial assistance), so they won’t become a public charge.
Table of Contents
What is the “Public Charge Rule”?
The public charge rule prevents someone from immigrating to the U.S. if they are likely to depend on the government for subsistence. Basically, if they will be needing the government’s financial assistance.
If you provide your friend with a Form I-864, and your friend ends up receiving any benefits from a means-tested government assistance program (i.e., relying on the government for assistance), you will be liable for fines and possibly even a civil lawsuit which will require you to repay the government.
Your commitment to sponsor your friend financially will last until they become a U.S. citizen through naturalization or until they have paid into Social Security for at least 40 quarters (being about 10 years), whichever happens first.
As long as you ensure your friend does not receive any benefits from any means-tested government assistance programs, you’ll be safe.But which types of assistance should your friend steer away from exactly?
Which Public Benefits are Immigrants Prohibited from Accessing?
The following means-tested public benefits programs are prohibited for immigrants:
- Medicaid
- Supplement Security Income (SSI)
- State Child Health Insurance Program (SCHIP)
- Food stamps
- Temporary Assistance for Needy Families (TANF).
If your friend participates in any one of these programs, it will result in direct financial liability for you.
Which Public Benefits Can Immigrants Utilize?
There are some government assistance programs your friend will be able to utilize without it resulting in liability for you:
- Emergency Medicaid
- Head Start Programs
- Means-tested programs under the Elementary and Secondary Education Act
- Job Training Partnership Act programs
- Short-term, non-cash emergency relief
- Immunizations, testing, and treatment for infectious diseases
- Certain forms of foster-care or adoption assistance under the Social Security Act
- Student assistance under the Higher Education Act and the Public Health Service Act
- Services under the National School Lunch and Child Nutrition Acts.
How to Sponsor an Immigrant Friend
Becoming a friend’s financial sponsor for immigration is relatively straightforward. You must:
- Meet the income requirements for sponsoring a friend
- Complete Form Form I-864
Income Requirements for Sponsoring a Friend
Before you can financially sponsor your friend, you will need to show you meet the requirements of being an eligible sponsor.
Firstly, your household income must be more than 125% of the U.S. poverty level for your household size. The following are guidelines provided by the United States Citizenship and Immigration Services (USCIS) (together with the U.S. Department of Health and Human Services).
Size of Household | Minimum Income Required |
Household of two | $20,575 |
Household of three | $25,975 |
Household of four | $31,375 |
Household of five | $36,775 |
Household of six | $42,175 |
Household of seven | $47,575 |
Household of eight | $52,975 |
For each additional household member, add $5,400 |
Your “household” will include yourself, your dependents (spouse and child), any relatives that may be living with you, and the friends you are planning to sponsor. For example, if you and your spouse have one child and you are sponsoring one friend, you would be a household of four for the above purposes.
If you are on active duty in the U.S. Armed Forces, however, you will have a little extra leeway. The USCIS will then only require your income to be on the U.S. poverty line (so 100% of the U.S. poverty line). There will not be a 25% premium applicable.
If you don’t meet the above income requirements, you will, unfortunately, not be able to financially sponsor your friend for immigration.
How to File Form I-864
Filing Form I-864 is easy. After you’ve completed all the sections, you must sign the form in the presence of a notary public, so the affidavit is notarized. Get a printed copy of your most recent Form W-2 and federal income tax return and include it with your Form I-864. This is to verify your annual income and provide proof of your employment.
If you want to make your case watertight, you can also include 6 months’ pay stubs, 3 years’ tax returns, and a letter from your employer.
Also, take note of the possible additional supporting documents you will have to include if any of the following scenarios apply.
Scenario | Additional Documents Required |
You are self-employed | Include a copy of Schedule C, D, E, or F, from your most recent federal income tax return |
You are on active duty in the U.S. Armed Forces or U.S. Coast Guard and relying on the adjusted requirement for 100% of the U.S. poverty line | Include proof of your active military status |
You are using the income of other household members | Complete a separate Form I-864A for each person |
You are using the income of household members who are not listed as dependents on your federal income tax return | Include proof of that person’s residency in your household and prove their relationship to you. |
The immigrant is a joint-sponsor for their own petition | Include proof that their current employment will continue from the same source. |
You rely on the fair market value of personal or household assets to qualify | Include documentation of ownership, location, date of acquisition, and value. If there is a lien or other liability against the asset, include evidence of the lien or liability. |
You are a U.S. citizen | Include proof of your citizenship status (e.g. birth certificate, naturalization certificate, or passport). |
You are a lawful permanent resident | Include a copy of both sides of your Form I-551, Permanent Resident Card. |
When you’ve got all the documents together, give them to the friend you will be sponsoring. If they are in the U.S. and applying for an adjustment of status to get a green card, they can provide your documents with their application. If they are outside of the U.S. when applying, they can provide your documents to the U.S. Embassy or Consulate where they are doing their visa interview.
Read More
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- How Many Citizenships Can You Have?
- How Do I Know Which USCIS Service Center?
- How Do I Know If USCIS Received My Application?
- What “Country of Residence” and How to Know Yours When on a Visa
- How to Check Dropbox Eligibility with the App
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Frank Gogol
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FAQs
Can I sponsor an immigrant who is not a relative? ›
Can a U.S. citizen sponsor a non-family member for immigration? Unfortunately, no, you can't petition for a foreign national's visa or green card if they aren't a family member.
How much income do you need to sponsor an immigrant in 2022? ›The most common minimum annual income required to sponsor a spouse or family member for a green card is $24,650. 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.
Who is eligible to sponsor an immigrant? ›All sponsors must be U.S. citizens or permanent residents, be at least 18 years old, and be living in the United States (including territories and possessions) when they file the affidavit of support.
Can I get in trouble for sponsoring an immigrant? ›Risks of sponsoring an immigrant after signing an affidavit of support appear from the contractual relationship between the sponsor and the government. This contract will be enforceable in the court of law and the government may sue the sponsor for failing to provide support to the immigrant.
Can a U.S. citizen invite a friend? ›A US citizen, U.S. permanent resident, or U.S. green card holder can send a letter of invitation to their friend, family, or partner.
Can I sponsor my friend to visit USA? ›You cannot directly sponsor a friend to come to the U.S. and to gain a green card. You can only do so for family members. However, you can become a co-sponsor in your friend's immigration. For example, if your friend has a family member in the U.S.
Can I sponsor a friend for a green card? ›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. 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”).
What happens if you don't make enough money to sponsor an immigrant? ›What happens if the petitioner doesn't have enough income? Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines.
How many years of taxes do you need to sponsor an immigrant? ›How Many Years of Tax Returns Are Required? For Form I-864, the U.S government requires proof of tax filing for the most recent filing year (typically the previous calendar year). Note that the the sponsor (and co-sponsor if any) has the option to provide tax filings from the past 3 years.
What documents are needed to sponsor an immigrant? ›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).
How long does it take to sponsor an immigrant? ›
The Foreign-Worker Sponsorship Timeline
This can take anywhere from six months to several years to complete. Obtaining approval from U.S. Citizenship and Immigration Services (USCIS) of the I-140 petition on behalf of the foreign worker.
While there are no numerical limits for sponsors, U.S. citizens and legal residents can only sponsor limited classes of close relatives. Permanent legal residents can sponsor spouses and unmarried children, including adult unmarried children, those defined as over 21.
How much money does a sponsor need for immigration? ›Also, notice that the amounts are different for residents of Alaska and Hawaii. For example, in 2022, a sponsor in the U.S. mainland would need to have income (or assets) of at least $34,687 to cover a petitioner who lives alone and is sponsoring one immigrant and two children (that is, a total of four people).
Can I sponsor my girlfriend to USA with a green card? ›No, only a U.S. citizen can sponsor a fiancé for a K-1 visa. However, a green card holder may sponsor their spouse for a marriage green card.
How much does it cost to sponsor a friend in USA? ›How much does sponsoring an immigrant cost? There are essentially no costs for sponsoring an immigrant to the U.S. Any sponsor would have to file Form I-864 which is free of charge. However, some sponsors choose to pay for the entire immigration process, which can be costly and add up anywhere from $1,000 to $2,000.
What are the requirements to invite a friend to USA? ›- Scanned copy of host's ID or passport.
- Evidence of means of financial subsistence.
- Proof of homeownership or rental contract.
- An itinerary of the planned visit.
- Documentation of the host's time off from work for the visit.
If you are a U.S. citizen or lawful permanent resident, and you have a friend or relative who seeks to come to the U.S. as a tourist (on a B-2 visitor visa), you might be able to help the person by providing a letter of invitation.
Who can a U.S. citizen sponsor? ›A U.S. citizen can sponsor the following members as a family preference relative: Unmarried sons and daughters who are over 21 years old. Married children of any age. Brothers and sisters (only if you're at least 21 years old)
Can you sponsor someone for a visitor visa? ›While the US law permits sponsorship for the visitor visa, the applicant must prove the authenticity of the relationship with the sponsor. For family members, birth certificate or marriage certificate to show must be presented.
How much does it cost to sponsor a friend for a green card? ›Green Card Costs | ||
---|---|---|
Family Sponsorship Form (I-130) | $ 535 | $ 535 |
Green Card Application Form (I-485) | $1140 | Not required |
Financial Support Form (I-864) | $0 | $120 |
Work Permit Application Form (I-765) (optional) | $0 | Not required |
Can I marry my friend to get him a green card? ›
At a Glance: Marriage fraud is a federal crime. If discovered, both the U.S. citizen and immigrant will face prosecution. Depending on how involved the citizen was, they will face both fines or jail time.
How long are you financially responsible for someone you sponsor? ›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.
Can immigration look into your bank account? ›But financial steadiness can also be a factor, and they can also look at your bank documents to check for it. Remember, many applicants try to secure a tourist visa just for show, but once they're in their destination, they will stay longer and work there.
How do you financially sponsor an immigrant? ›To become a financial sponsor, you must file an I-864, or an Affidavit of Support. In this affidavit, you promise to support the non-citizen once the non-citizen enters the U.S. To be a financial sponsor, you must: Be a U.S. citizen or lawful permanent resident.
How much money do new immigrants get? ›All refugees arriving in the United States will receive $900 when they first arrive.
How do I prove my income to sponsor an immigrant? ›1) USCIS Form I-864A 2) Previous year's Federal Income Tax Returns 3) Proof of income (either an IRS Tax Return Transcript or IRS Form W2s) 4) Proof of their legal status in the United States (i.e. a copy of their passport, permanent resident card, or naturalization certificate).
Does immigration look at your taxes? ›As part of the evidence, the USCIS will review your tax returns to confirm that they were filed jointly. Similarly, if you are filing a petition to convert your two-year residence to a 10 year residence, you must again establish the bona fides of your marriage.
What are the responsibilities of sponsoring an immigrant? ›Responsibilities as a Sponsor
When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s), generally until they become U.S. citizens or are credited with 40 quarters of work.
The most common fees for nonimmigrant work visa sponsorship are: Petition fee: $460. Application fee: $190. American Competitiveness and Workforce Improvement Act charges: $750 to $1,500.
Can I sponsor an immigrant for work? ›To sponsor an immigrant for work in the U.S., there are a number of steps required: Ensure the position qualifies as a specialty occupation. Determine the rate of pay for the position. Notify the U.S. workforce.
Can I sponsor my niece for a green card? ›
There is no direct way to sponsor U.S. green cards for one's grandparents, aunts, uncles, nieces, nephews, and more extended relation. However, you can create a chain of relationships so that a more immediate family member can petition for them.
Can I bring my unmarried partner to the US? ›If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here, with a nonimmigrant visa for a fiancé(e) (K-1). An I-129F fiancé(e) petition is required.
Can I bring my foreign girlfriend to USA? ›The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a U.S. citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. You can learn more about fiancé(e) visas on usvisas.state.gov.
Which is faster fiancé visa or marriage visa? ›Application Process and Timeline for Fiancé(e) and Spousal Visa. If your main goal is to get to the U.S. as quickly as possible, then the K-1 fiancé(e) visa is likely the fastest option. But if your goal is to get an actual green card as soon as possible, then a marriage-based visa will be quicker.
Who is not eligible for sponsorship? ›You may not be eligible to sponsor your spouse, partner if you: were sponsored by a spouse or partner and you became a permanent resident less than 5 years ago. are still financially responsible for a previous spouse or partner that you sponsored.
Can sponsorship be denied? ›Misrepresentation in the Application Form
All parties involved in the sponsorship application—sponsor as well as sponsored family members—are required by law to provide accurate information in the application. Any misrepresentation, accidental or deliberate, shall result in the application being denied.
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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. 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”).
Is it OK to sponsor an immigrant? ›You cannot directly sponsor a friend to come to the U.S. and to gain a green card. You can only do so for family members. However, you can become a co-sponsor in your friend's immigration.
How long is the process to sponsor an immigrant? ›This can take anywhere from six months to several years to complete. Obtaining approval from U.S. Citizenship and Immigration Services (USCIS) of the I-140 petition on behalf of the foreign worker.
How much does it cost to sponsor someone to us? ›
The minimum cost to petition a relative is $1,400-$1,900 per immigrant. Form I-130, Petition for Alien Relative is the form that a U.S. citizen or a lawful permanent resident submits to USCIS to sponsor a qualified relative for permanent residence in the United States.
How much does it cost to sponsor someone to become a U.S. citizen? ›The current naturalization fee for a U.S. citizenship application is $725. That total includes $640 for application processing and $85 for biometrics services, both of which are nonrefundable, regardless of whether the U.S. government approves or rejects an application.
What documents do I need to invite someone to the USA? ›- Scanned copy of host's ID or passport.
- Evidence of means of financial subsistence.
- Proof of homeownership or rental contract.
- An itinerary of the planned visit.
- Documentation of the host's time off from work for the visit.
The only difference is that the joint sponsor doesn't have to be related to the intending immigrant, while the primary sponsor does.
How much income do I need for affidavit of support? ›People in Household | Active duty Sponsors in U.S. Armed forces | All Other Sponsors |
---|---|---|
1 | $11,860 | $14,825 |
2 | $16,020 | $20,025 |
3 | $20,160 | $25,200 |
4 | $24,300 | $30,375 |
What happens if the petitioner doesn't have enough income? Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines.
What are the consequences of sponsoring an immigrant? ›The Cons of Sponsoring an Immigrant
The immigrant becomes a U.S. citizen. The immigrant earns 40 quarters of credited work (approximately 10 years). The immigrant dies or permanently leaves the U.S.
While you can't petition for a friend's immigrant visa or Green Card (only family members can do that), you can financially sponsor a friend's immigration petition with Form I-864, Affidavit of Support.