Comprehensive Overview of Immigration Law (COIL) Practice Exam

Which statement about income requirements for the affidavit of support is accurate?

1. Joint sponsor must meet the requirement independently

2. Income from any family member can be counted

3. Assets can substitute for income

4. Only the petitioner's income counts

The correct answer is: Joint sponsor must meet the requirement independently

The statement that the joint sponsor must meet the requirement independently is accurate. In the context of immigration, the affidavit of support is a legally binding contract between the sponsor and the U.S. government, ensuring that the sponsored immigrant will not become a public charge. If a joint sponsor is involved in the process, they must independently demonstrate that their income meets or exceeds the required poverty guidelines for sponsorship. This means that the joint sponsor’s own income must satisfy the income requirement without relying on the primary sponsor's financial resources. The other options do not correctly reflect the requirements surrounding the affidavit of support. Notably, while income from other household members can indeed contribute to the overall financial requirement, the combined income from other family members alone cannot substitute or alleviate the joint sponsor's separate financial requirements. Additionally, assets can supplement income and potentially meet the necessary financial criteria, but they do not automatically substitute for income; rather, they can be considered under certain conditions to meet the requirements when income is insufficient. Finally, stating that only the petitioner's income counts overlooks the allowance for joint sponsors and other financial support that can augment the required financial backing.