USCIS recently introduced an important change affecting green card applicants who rely on a sponsor to meet the financial requirements for the I-864 Affidavit of Support.
Form I-864, Affidavit of Support, is a legally binding form used to show that a green card applicant has sufficient financial support and is unlikely to become a public charge. The sponsor of the I-864 is generally the U.S. citizen or lawful permanent resident who filed the immigrant petition. If the petitioner does not meet the income requirement for their household size, a joint sponsor may be needed.
Under new USCIS policies, sponsors and joint sponsors are now required to provide additional financial information, including their credit score and credit report.
USCIS has also released a new edition of Form I-864 reflecting these changes, which will be required beginning October 1.
Why does this matter?
A sponsor or joint sponsor with poor credit, high debt, late payments, collections, or bankruptcy could face greater scrutiny because USCIS may question whether they are financially capable of supporting the intending immigrant. This could result in requests for additional evidence, processing delays, or a determination that the sponsor or joint sponsor does not qualify.
If a sponsor has a credit or security freeze in place, USCIS may be unable to access the information needed to evaluate Form I-864.
Increased Financial Vetting: Before vs. Now
These changes significantly expand the financial scrutiny of sponsors. Previously, USCIS generally relied on documents such as the sponsor’s most recent tax return, W-2 or 1099, and proof of employment. Under the new requirements, immigration officials may also review a sponsor’s credit report and credit score when evaluating financial eligibility.
However, the government has not established a minimum credit score required to qualify as a sponsor or joint sponsor.
This lack of guidance raises important questions. A joint sponsor may meet the required income threshold but still have a low credit score, leaving it unclear how USCIS officers will evaluate eligibility moving forward.
Litigation Challenges
On September 3, the American Immigration Lawyers Association (AILA) sued USCIS, challenging the abrupt implementation of the new Affidavit of Support requirements, including the use of sponsors’ credit reports and credit scores, without advance notice or a grace period. The lawsuit asks the court to temporarily block the changes. A judge has not yet ruled on the lawsuit. We will continue to monitor the case and provide updates here on our blog.
How Sponsors Can Prepare
If you plan to sponsor an immigrant or serve as a joint sponsor, consider taking the following steps:
- Review your credit report. Check for negative information, errors, collections, or other issues, and remove any credit or security freeze before USCIS attempts to access your report.
- Address potential financial concerns. If your credit history includes collections, bankruptcy, significant debt, or other negative information, consider whether another qualified joint sponsor may be needed.
- Use the correct Form I-864. Beginning October 1, applicants must use the new 08/24/26 edition of Form I-864. Using an outdated version could result in the filing being rejected.
- Be prepared for an RFE. If USCIS requests additional financial evidence, consider speaking with an immigration attorney about how to respond and what documentation to provide.
These changes could also make finding a joint sponsor more difficult. Convincing someone to accept the legal financial obligations of Form I-864 can already be challenging. Requiring sponsors to disclose their credit report and credit score adds another layer of personal financial information that some people may be reluctant to share. As a result, some applicants may have greater difficulty finding a qualified joint sponsor and moving forward with their green card case.
Pro Tip: If you believe you may need a joint sponsor, start the process early. Speak with trusted friends or family members so they understand the requirements and can determine whether they qualify by providing their credit report and financial documentation early on.
The Bottom Line
Green card policies and filing requirements continue to change, making it more important than ever to stay informed and prepared. Our law firm is here to help you navigate these changes, understand your options, and avoid unnecessary delays in your immigration case. Contact us to help you prepare a strong application from the very beginning.
Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.
Helpful Links
- September Visa Bulletin
- Adjustment of Status Filing Dates from Visa Bulletin
- Know your Rights if ICE visits your home or workplace
- Know your Rights Card (English)
- Know your Rights Card (Spanish)
- ICE Online Detainee Locator System
- ICE Immigration Detention Facilities
- USCIS Processing Times
- ImmigrationLawyerBlog
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