If you are petitioning for a family member to immigrate to the United States, chances are you have encountered the term "Form I-864" and wondered exactly what it entails. Form I-864, Affidavit of Support Under Section 213A of the Immigration and Nationality Act (INA), is one of the most critical—and often misunderstood—documents in the family-based immigration process. This form is a legally binding contract between you (the sponsor) and the U.S. government. By signing it, you are agreeing to use your financial resources to support the intending immigrant, ensuring they will not become a public charge—that is, reliant on government benefits. This guide explains what Form I-864 is, who is required to file it, and the key responsibilities that come with being a sponsor.
Key rule: Form I-864 is a legally enforceable contract that requires a sponsor to maintain the sponsored immigrant at an annual income of no less than 125% of the Federal Poverty Guidelines for their household size. The sponsor's obligation generally lasts until the immigrant becomes a U.S. citizen, is credited with 40 quarters of work (about 10 years), or permanently leaves the U.S.
What Is Form I-864, Affidavit of Support?
Form I-864, Affidavit of Support Under Section 213A of the INA, is a contract between a sponsor and the U.S. government. Its purpose is to ensure that immigrants who come to the United States have adequate means of financial support and are not likely to become dependent on the government for assistance. The form is used by most family-based immigrants and some employment-based immigrants to demonstrate they have sufficient financial backing.
When you sign Form I-864, you accept legal responsibility for financially supporting the sponsored immigrant(s). This obligation is not symbolic—it is enforceable in court. If the immigrant you sponsored receives any means-tested public benefits (such as food stamps, Medicaid, or Supplemental Security Income), you are responsible for repaying the cost of those benefits to the agency that provided them. If you fail to repay, the agency or the immigrant can sue you. The obligation generally lasts until the sponsored immigrant becomes a U.S. citizen, is credited with 40 qualifying quarters of work (usually 10 years), permanently leaves the United States, or passes away. Importantly, divorce does not end the sponsorship obligation.
Who Is Required to File Form I-864?
The general rule is that the petitioner—the person who filed the immigrant petition on behalf of the intending immigrant—is required to file Form I-864. However, there are specific categories of immigrants who are required by law to submit an affidavit of support completed by the petitioner.
The following individuals must submit a Form I-864:
- Immediate relatives of U.S. citizens: This includes parents, spouses, and unmarried children under the age of 21 (including orphans).
- Family-based preference immigrants: This includes:
- First Preference: Unmarried, adult sons and daughters (21 years of age or older) of U.S. citizens.
- Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children.
- Third Preference: Married sons and daughters of U.S. citizens, their spouses, and their unmarried minor children.
- Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses, and their unmarried minor children.
- Certain employment-based preference immigrants: Specifically, when a U.S. citizen or permanent resident relative filed the immigrant visa petition, or when such a relative has a significant ownership interest (5% or more) in the entity that filed the petition.
In almost every family-based case, the person who filed the I-130 petition is the sponsor and must file the I-864. However, there are a few exceptions. An individual does not need to submit an affidavit of support if they can show that they:
- Have already worked 40 qualifying quarters as defined in Title II of the Social Security Act;
- Can be credited with 40 qualifying quarters; or
- Are the child of a U.S. citizen and, if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship under Section 320 of the INA (as amended by the Child Citizenship Act of 2000).
It is important to note that an alien who is required to submit an affidavit of support and fails to do so is inadmissible on the public charge ground. This means the application for an immigrant visa or adjustment of status will be denied.
Sponsor Eligibility: Who Can Be a Sponsor?
To be a sponsor on Form I-864, you must meet specific eligibility requirements. The sponsor must:
- Be a U.S. citizen, U.S. national, or lawful permanent resident;
- Be at least 18 years old; and
- Be domiciled (have their principal residence) in the United States.
If you meet these requirements, you can serve as a sponsor. However, you must also demonstrate that you have sufficient income or assets to support the intending immigrant.
Financial Requirements: The 125% Poverty Guideline Threshold
The central financial test for Form I-864 is the income requirement. Sponsors must show income at or above 125% of the Federal Poverty Guidelines for their household size. For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child, the requirement is reduced to 100% of the poverty guidelines.
The poverty guidelines are updated annually by the U.S. Department of Health and Human Services (HHS) and are effective beginning March 1 of each year. For 2026, the guidelines are as follows for the 48 contiguous states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands:
| Household Size | 100% of Poverty Guidelines (Active-Duty Military for Spouse/Child) | 125% of Poverty Guidelines (All Other Sponsors) |
|---|---|---|
| 2 | $21,640 | $27,050 |
| 3 | $27,320 | $34,150 |
| 4 | $33,000 | $41,250 |
| 5 | $38,680 | $48,350 |
| 6 | $44,360 | $55,450 |
| 7 | $50,040 | $62,550 |
| 8 | $55,720 | $69,650 |
For each additional person beyond 8, add $5,680 for the 100% guideline and $7,100 for the 125% guideline.
Note: For sponsors residing in Alaska or Hawaii, separate higher guidelines apply due to the higher cost of living.
Determining your household size correctly is critical. Your household size includes:
- Yourself (the sponsor);
- Your spouse;
- Your dependent children (and any other individuals you claim as dependents on your tax return);
- The intending immigrant(s) you are sponsoring; and
- Any other immigrants you have previously sponsored under a separate I-864 who are still in the obligation period.
If your income falls short, you may be able to use assets to make up the difference. The net value of your assets must equal 5 times the income gap (the difference between your income and the required threshold). The assets must be liquid—meaning they can be converted to cash within 12 months—and you must provide proof of the assets.
Understanding Joint Sponsors and Household Members
If the petitioning sponsor cannot meet the income requirement alone, the law allows a joint sponsor (also called a co-sponsor) to step in. However, the petitioner must still file their own Form I-864, regardless of whether a joint sponsor is used.
A joint sponsor is someone who files a separate Form I-864 and agrees to take on the same financial responsibility as the petitioner. The joint sponsor must:
- Be a U.S. citizen or lawful permanent resident;
- Be at least 18 years old;
- Be domiciled in the United States; and
- Independently meet the 125% poverty guideline for their own household size (which includes themselves, their dependents, and the intending immigrant(s)).
Critically, a joint sponsor cannot combine their income with the petitioner's income—they must qualify on their own. The joint sponsor's household size includes themselves, their spouse, any dependents, and the immigrant(s) being sponsored.
In addition to joint sponsors, household members can also help meet the income requirement. Household members who complete and sign Form I-864A agree to make their income and/or assets available to help support the sponsored immigrant. This form is a contract between the sponsor and a household member who agrees to combine resources. Form I-864A is not required unless there are accompanying children listed in the Affidavit of Support.
Supporting Evidence You Must Submit with Form I-864
To avoid a Request for Evidence (RFE) or a denial, you must submit a complete financial evidence package with Form I-864. The required documents include:
- A completed and signed Form I-864 (with an original "wet" signature);
- Proof of current income, such as pay stubs from the last six months or an employment verification letter on company letterhead;
- Proof of the most recent tax year, either an IRS tax return transcript or a photocopy of the federal individual income tax return;
- Proof of U.S. citizenship, lawful permanent residency, or U.S. nationality (e.g., copy of passport, green card, or naturalization certificate); and
- Proof of U.S. domicile, such as utility bills, a lease agreement, or a mortgage statement dated within 90 days of filing.
If you are using assets to meet the income requirement, you must provide documentation of the assets, such as bank statements, stock certificates, or property appraisals with net equity calculations.
All documents should be clear, legible copies. If any document is in a foreign language, a certified English translation must be included.
Common Mistakes That Lead to RFE or Rejection
Even when a sponsor has sufficient income, errors in documentation or calculation can trigger a Request for Evidence (RFE) or a denial. Avoid these frequent pitfalls.
- Using outdated poverty guidelines. The 2026 guidelines became effective March 1, 2026. Filing with 2025 figures will result in an incorrect calculation.
- Incorrect household size. Forgetting to include the intending immigrant(s) or dependents is a common error that leads to understating the required income.
- Not providing tax transcripts. USCIS prefers IRS tax transcripts over tax returns. A tax return alone may not be sufficient.
- Counting income that is not sustainable. One-time bonuses, overtime that is not guaranteed, or income from a job you have already left may not be counted as "current" income.
- Failing to include a joint sponsor's separate Form I-864. If your income is insufficient, a joint sponsor must file a separate affidavit. Their income is evaluated independently.
- Assuming the joint sponsor can combine income with yours. The joint sponsor must independently meet the 125% threshold for their own household size.
- Submitting an outdated form edition. The edition date of Form I-864 is 10/17/24. If you complete and print the form, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition.
To minimize the risk of an RFE, have your financial evidence reviewed by an immigration attorney or accredited representative before submission. A second set of eyes can catch errors that might otherwise delay your case by months.
Frequently Asked Questions
Q: What is Form I-864, Affidavit of Support?
A: Form I-864 is a legally binding contract between a sponsor and the U.S. government. By signing it, the sponsor agrees to use their financial resources to support the intending immigrant, ensuring they will not become a public charge.
Q: Who is required to file Form I-864?
A: Most family-based immigrants and some employment-based immigrants are required to submit Form I-864. This includes immediate relatives of U.S. citizens (parents, spouses, and unmarried children under 21) and family-based preference immigrants.
Q: What is the income requirement for Form I-864 in 2026?
A: Sponsors must show income at or above 125% of the Federal Poverty Guidelines for their household size. For a two-person household in the 48 contiguous states, the 125% threshold is $27,050. For active-duty military sponsoring a spouse or child, the requirement is 100% of the poverty guidelines.
Q: Can I use a joint sponsor if my income is too low?
A: Yes. A joint sponsor can file a separate Form I-864. The joint sponsor must independently meet the 125% poverty guideline for their own household size, which includes themselves, their dependents, and the intending immigrant(s). However, the petitioner must still file their own Form I-864.
Q: How long does the sponsorship obligation last?
A: The obligation generally lasts until the sponsored immigrant becomes a U.S. citizen, is credited with 40 qualifying quarters of work (usually 10 years), permanently leaves the United States, or passes away. Divorce does not end the obligation.
Q: What happens if the sponsored immigrant receives public benefits?
A: If the immigrant receives means-tested public benefits, the sponsor is responsible for repaying the cost of those benefits to the agency that provided them. If the sponsor fails to repay, the agency or the immigrant can sue.
Q: Can I use assets to meet the income requirement?
A: Yes. If your income falls short, you can use assets to make up the difference. The net value of your assets must equal 5 times the income gap. The assets must be liquid and convertible to cash within 12 months.
Q: Where do I file Form I-864?
A: The filing address depends on where you live. You can find the correct address on the USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms.
Q: Is there a filing fee for Form I-864?
A: If you file with USCIS, you can find the filing fee on the USCIS Fee Schedule page. If you file with the Department of State, fees are listed on the Fees for Visa Services page.