What if the petitioner who filed the immigrant petition on behalf of a relative no longer lives in the United States?

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Disclaimer: This article is meant for information purposes only and is not an official source for the immigration process. Please consult with your immigration attorney and official channels, including the sources provided in this article, and conduct your research based on your specific situation.

This is a common and critical issue in immigration cases, as the sponsor’s domicile is a fundamental requirement for the Affidavit of Support (Form I-864).

Here’s how this situation is generally handled:

1. The Domicile Requirement for the Petitioner/Sponsor

The individual who signs Form I-864, Affidavit of Support, must be domiciled in the United States. Domicile means that their principal residence is in the U.S. and they intend to maintain it there for the foreseeable future.

If the petitioner (the person who filed the I-130 petition for the relative) moves outside the U.S. and no longer maintains a U.S. domicile, they generally no longer qualify to be the sole sponsor for the immigrant.

Exceptions for Petitioners Living Abroad:

A petitioner living abroad can still meet the domicile requirement if they can prove:

• Their residence abroad is temporary (e.g., they are abroad for work for a U.S. government entity, a U.S. company developing foreign trade, a U.S. research institution, or a religious organization).
• They intend to re-establish domicile in the U.S. no later than the date the immigrant is admitted to the U.S. This would require showing concrete steps to return, such as having a job offer in the U.S., a lease agreement, or enrolling children in U.S. schools. They must provide evidence of their intention to return and make the U.S. their permanent home.

If the petitioner cannot meet either of these exceptions, they cannot serve as the sole financial sponsor.

2. The Role of Joint Sponsors

If the original petitioner (who is also typically the primary sponsor) no longer meets the domicile or financial requirements, the case will generally require a joint sponsor.

• Who can be a Joint Sponsor?
  • A joint sponsor must be a U.S. citizen or lawful permanent resident.
  • They must be at least 18 years old.
  • They must be domiciled in the United States. This is key.
  • They must meet the income requirements (125% of the Federal Poverty Guidelines for their household size) independently – meaning their income cannot be combined with the petitioner’s or the immigrant’s, unless they are a household member signing a Form I-864A with the joint sponsor.
  • They must be willing to accept legal financial responsibility for the sponsored immigrant(s).
• Can the Petitioner’s Children in the US be Joint Sponsors? Yes, absolutely. If the petitioner’s children are U.S. citizens or lawful permanent residents, are at least 18, and are domiciled in the U.S., and meet the financial requirements, they can serve as joint sponsors. They would each file their own Form I-864.

3. The Petitioner’s Continued Role (Even with a Joint Sponsor)

It’s important to note that even if a joint sponsor is required, the original petitioner (the one who filed Form I-130) generally must still sign and submit an I-864 Affidavit of Support themselves, even if they do not meet the income requirement or are having trouble with the domicile requirement.

• The petitioner is the individual who initiated the immigration process by filing the visa petition. Unless they withdraw the petition (which has other implications and often terminates the case) or certain specific exceptions apply (like the death of the petitioner and a substitute sponsor steps in), they remain linked to the case.
• The petitioner’s I-864 will indicate that they do not meet the income requirements, and then the joint sponsor’s I-864 will be submitted to cover the financial requirement.

Important Note on “Substituting” Sponsors:

The term “take over” as a sponsor is misleading in most scenarios. Generally, a joint sponsor adds their financial responsibility to the case; they don’t typically replace the original petitioner’s obligation entirely, especially if the petitioner is still alive and the primary petitioner. The only common scenario where a “substitute sponsor” completely replaces the petitioner’s I-864 is if the petitioner dies after the I-130 petition has been approved, and USCIS allows humanitarian reinstatement of the petition. In that specific case, a relative can become a “substituting sponsor.”

Steps to Address this Scenario:

1. Petitioner’s Domicile Assessment: The original petitioner should first determine if they can still meet the U.S. domicile requirement (e.g., if their absence is temporary and they maintain strong ties, or if they genuinely intend to return by the time the immigrant gets the visa). They would need to provide evidence to support this.
2. Seek Joint Sponsor(s): If the petitioner cannot meet the income requirement, or if there’s a serious question about their domicile, the sponsored immigrant will need a joint sponsor (or multiple joint sponsors, each meeting the requirements independently).
3. Required Forms:
   • The original petitioner will still submit Form I-864.
   • Each joint sponsor will submit their own Form I-864.
   • If a joint sponsor is using income/assets of a household member, that household member would also sign Form I-864A.

Failing to meet the sponsor requirements, especially the domicile rule, can lead to delays or even denial of the immigrant visa. It’s highly advisable to consult with an experienced immigration attorney when the petitioner’s situation changes, particularly regarding their residence, to ensure all requirements are met.