What Happens If Your Financial Sponsor Can No Longer Support Your Immigration Case?

For many family-based immigration cases, the financial sponsor plays an important role in demonstrating that the intending immigrant will have adequate financial support in the United States.

But what happens if your sponsor loses their job, their income decreases, or they can no longer meet the financial requirements?

A change in the sponsor's financial situation does not necessarily mean that the immigration case is over. However, the appropriate solution depends on what changed, when it changed, and what stage the immigration case is in.

What Is a Financial Sponsor?

In many family-based immigration cases, the petitioner must submit Form I-864, Affidavit of Support, to demonstrate that the intending immigrant has adequate financial support and is less likely to become primarily dependent on certain government benefits.

By signing Form I-864, the sponsor accepts a legally enforceable financial obligation. In general, this obligation continues until certain conditions are met, such as the immigrant becoming a U.S. citizen or being credited with 40 qualifying quarters of work under the Social Security Act.

Importantly, divorce does not automatically end the sponsor's obligations under the I-864.

What If the Sponsor's Income Changes After Filing Form I-864?

A sponsor's financial circumstances can change while an immigration case is pending.

For example, the sponsor may:

• Lose their job

• Change to a lower-paying position

• Retire

• Experience a significant reduction in income

• Become unable to work

• Experience another major financial change

  
  

A change in income does not automatically mean that the previously submitted Form I-864 is invalid. However, updated financial information may be requested, depending on the circumstances and stage of the case.

However, if the sponsor's current income is no longer sufficient, the applicant may need to provide additional financial evidence or explore another sponsorship option.

Depending on the circumstances, the case may involve:

•             Qualifying assets

•             Income from an eligible household member

•             A joint sponsor

•             Other financial evidence that may be permitted under the applicable rules

For this reason, applicants should not assume that financial documents submitted months or years earlier will always be sufficient.

Can You Use a Joint Sponsor?

In many cases, a joint sponsor can help when the petitioner's income does not meet the applicable financial requirements.

A joint sponsor generally must independently meet the applicable requirements, including requirements related to U.S. citizenship or immigration status, domicile, and income.

The joint sponsor does not necessarily have to be a relative of the immigrant. However, the petitioner generally still has to submit their own Form I-864 even when a joint sponsor is used.

This means that finding a joint sponsor does not simply transfer all of the petitioner's responsibilities to another person.

What If the Sponsor Dies?

The death of a petitioner or sponsor can create a different situation.

In certain circumstances, immigration law allows another eligible person to act as a substitute sponsor. Specific requirements apply, including requirements concerning the substitute sponsor's relationship to the immigrant and their financial ability to provide support.

Because the rules can vary depending on when the death occurs and the stage of the immigration process, legal guidance may be especially important in these cases.

Seek Legal Guidance When Necessary

Cases involving a sponsor's death, withdrawal of the I-864, changes in domicile, or complicated financial circumstances can require careful review of the applicable immigration rules.

The Bottom Line

If your financial sponsor can no longer support your immigration case, it does not necessarily mean that your case will end.

There may be options, such as a joint sponsor, qualifying assets, household-member income, or—in certain circumstances—a substitute sponsor.

However, the right option depends on the specific facts of your case and the stage of the immigration process.

Because Form I-864 creates a legally enforceable financial obligation, both sponsors and applicants should understand their responsibilities before submitting an Affidavit of Support or making changes to an existing case.

Need Help With Your Immigration Case?

Changes in your sponsor's employment, income, or personal circumstances can raise important questions about your immigration case.

Mundo Attorney can help you understand your options and determine what steps may be appropriate for your specific situation.

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