Does the petitioner have to be a sponsor?
Asked by: Armani Haley | Last update: December 27, 2025Score: 4.8/5 (38 votes)
If the intending immigrant is required to submit an Affidavit of Support, the visa petitioner must submit an I- 864 Affidavit of Support as a sponsor, even if they do not have sufficient financial resources to meet the requirements and must enlist the help of others.
What is the difference between sponsor and petitioner?
The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.
Does petitioner need to be present?
Does the petitioner have to be present at the interview? No, only applicants must appear to be interviewed.
What is the responsibility of a petitioner?
It is the petitioner's responsibility to ensure that proof of personal service has been filed with the court. The respondent must be served with a copy of the Petition, the Domestic Case Information Sheet, and the Summons.
Who qualifies as a sponsor?
Sponsors must generally be U.S. citizens or lawful permanent residents who meet income and financial requirements. They are legally obligated to provide support until the immigrant becomes a U.S. citizen, has worked for a certain period of time, or meets other conditions.
Unemployed Petitioner: I-864 Required?
Who is not eligible to sponsor?
Those with a criminal history including: Aggravated assault or battery. Child abuse or neglect. Domestic violence.
What if the petitioner has no income?
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.
Who is considered the petitioner?
The petitioner is the party who presents a petition to the court. On appeal, the petitioner is usually the party who lost in the lower court. This can be either the plaintiff or defendant from the court below, as either of the parties can present the case to a higher court for further proceedings. See also respondent .
How much money do I need to sponsor an immigrant?
The minimum income for a household of 2 to sponsor a family member or spouse is $25,550 as of January 2025. Minimum income requirements are lower for active duty military members.
Does it matter who is the petitioner?
The person who files first, called the petitioner, does not get any preferential treatment compared to the person responding to the divorce petition, known as the respondent.
What if the petitioner does not show up?
But, on occasion, the plaintiff—the person who initiates a lawsuit by filing a complaint—fails to show up. If this happens to you, the judge will likely dismiss the matter, but not always, and the plaintiff might be able to refile the case.
Who would be the petitioner?
"Petitioner" refers to the party who petitioned the Supreme Court to review the case. This party is variously known as the petitioner or the appellant. "Respondent" refers to the party being sued or tried and is also known as the appellee.
Does the petitioner have to file an Affidavit of support?
The petitioner must complete Form I-864; however if the petitioner's income is insufficient, a joint-sponsor may agree to also complete an I-864 on the applicant's behalf. An Affidavit of Support is legally enforceable.
What is the downside to sponsoring an immigrant?
2) It can impact your financial situation.
Depending on 1) your income and existing assets and 2) how much monetary support the beneficiary requires, your financial situation may be impacted by becoming an immigration sponsor.
How long is a sponsor financially responsible for an immigrant?
The sponsor is also responsible for supporting the immigrant for 10 years or until the immigrant becomes a U.S. Citizen or Legal Permanent Resident. If the immigrant gets divorced, the sponsor is still responsible for supporting them financially. You may have a limited ability to sponsor other immigrants in the future.
What is a substitute sponsor?
Substitute Sponsor When the Petitioner Has Died: (1) INA 213A(f)(5)(B) now allows certain family members to become “substitute sponsors” if a visa petitioner dies following approval of the visa petition, but before the beneficiary obtains their permanent residence.
Can I be my own sponsor for immigration?
There are a couple of distinctive categories for self-sponsored green cards, where a foreign individual does not require an employer or family member's sponsorship – these are for victims of criminal activities and for those demonstrating extraordinary abilities.
What is the minimum sponsor amount?
British people who want to sponsor a foreign spouse or partner for a visa must normally earn £29,000 a year. A review of this policy is due to report in June 2025.
How many years of tax returns are required for a green card?
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.
Is sponsor and petitioner the same?
The petitioner who filed the immigrant visa petition (I-130) must be the sponsor. If the petitioner does not qualify, the petitioner may file with a joint sponsor or a substitute sponsor.
Who can be a petitioner for visa?
Petitioner: A U.S. citizen or lawful permanent resident family member or employer (or the employer's agent) who files a family-based or employment-based immigrant visa petition with USCIS.
How do you know who is the petitioner?
The person who filed the case is the Petitioner.
Can a petitioner be unemployed?
My Petitioner is unemployed, does he or she need to fill out an Affidavit of Support? Yes. Your petitioner must still submit an Affidavit of Support (I-864) even if your petitioner does not have enough money to support you.
What happens if a petitioner becomes a U.S. citizen?
When you become a U.S. citizen, NVC will upgrade the petition to an immediate relative (IR) visa category. This benefits your immigrating family member(s) because there are no limits on the number of visas that can be issued each year in the IR categories.