Can a Joint Sponsor Fix a Public Charge Problem? — Transcript

If your income is too low to sponsor your fiancé or spouse, you may
be thinking:

Okay, I’ll just get a joint sponsor. Problem solved.

Well, maybe.

A strong joint sponsor can absolutely help.

But under the public charge rules in effect starting September 18,
2026, a joint sponsor does not automatically erase every public
charge concern.

Let me explain the difference.

For a successful fiancé or spouse visa application, the petitioner
must submit an Affidavit of Support.

If the petitioner simply does not earn enough income to meet the
required financial guideline, a qualified joint sponsor can often
solve that particular problem.

The joint sponsor submits their own Affidavit of Support and
demonstrates that they have enough income or qualifying assets to
financially support the immigrant.

And USCIS specifically says that a sufficient Affidavit of Support
is a positive factor when evaluating public charge.

But here is the important part.

USCIS also says that even a perfectly acceptable Affidavit of
Support does not, by itself, prove that the immigrant will not
become a public charge.

The officer may still look at the entire financial picture.

That can include the immigrant’s age.

Their health.

Their family situation.

Their assets and financial resources.

Their education and job skills.

And, under the rules taking effect September 18, USCIS has broader
discretion when considering the applicant’s circumstances and use
of means-tested public benefits.

So imagine this example.

The American spouse earns only $25,000 a year and does not meet the
income requirement.

But they find a joint sponsor earning $100,000 a year with stable
employment.

If the only problem was that the petitioner didn’t earn enough
money, that joint sponsor may very well solve the problem.

Now change the facts.

Suppose the immigrant has a serious medical condition that may
require expensive continuing care.

They have no health insurance arranged in the United States.

They have very little savings.

They have limited employment prospects.

And there are other financial circumstances suggesting that they
may need substantial government assistance after arriving.

Adding a joint sponsor certainly helps.

But the officer may still ask:

Looking at everything together, is this person likely to become a
public charge?

That is a different question from:

Does a sponsor earn over 125 percent of the poverty guidelines?

And that distinction is becoming much more important.

The State Department already makes essentially the same point for
spouse visa cases processed through an American embassy or
consulate.

A sufficient Affidavit of Support is important, but the consular
officer can also consider the applicant’s age, health, education,
skills, financial resources, family situation and other
circumstances.

So don’t think of a joint sponsor as a magic reset button.

Think of the joint sponsor as one very important piece of evidence
showing that financial support is available.

The stronger the joint sponsor, and the stronger the rest of the
applicant’s financial situation, the better the overall picture.

If you’re planning a fiancé visa, spouse visa, or
adjustment-of-status application, you’re welcome to contact me for
a free introductory consultation.

I’m Fred Wahl, the VisaCoach.

And for more practical information about the financial requirements
for fiancé and spouse immigration, click the video on your screen.

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guidance and updates.