⚠ General information only — not legal advice. Immigration law is complex and fact-specific. Consult a licensed immigration attorney for your specific situation.
USCIS · Form I-864
Affidavit of Support Under Section 213A of the INA
A US sponsor promises to financially support an immigrant to prevent them from becoming a public charge.
Filing fee
No fee — submitted as part of the green card application package.
Processing time
Reviewed as part of the I-485 package or immigrant visa application — no separate processing time.
Filed with
USCIS with Form I-485 for adjustment of status, or to the National Visa Center for consular processing.
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Overview
Form I-864 is a legally binding contract in which a US sponsor agrees to financially support an immigrant applying for a green card. The purpose is to ensure immigrants will not become dependent on government means-tested public benefits after becoming permanent residents.
The I-864 is not merely a statement of intent — it is enforceable in court. The US government and the immigrant can both sue the sponsor to recover the value of any means-tested public benefits the immigrant receives. This obligation does not terminate because the marriage ends or the relationship changes.
The income requirement is 125% of the federal poverty guideline for the sponsor's household size. Household size includes the sponsor, dependents listed on tax returns, anyone the sponsor is currently sponsoring on other I-864s, and the immigrant being sponsored.
If the sponsor's income is insufficient, a joint sponsor — a separate US citizen or LPR — can file their own I-864 alongside the primary petitioner's. The joint sponsor must independently meet the income requirements and accepts the same legal obligations.
Who needs Form I-864?
Required for almost all family-based green card applicants and some employment-based applicants. The petitioner (US citizen or LPR who filed the I-130) is typically the sponsor. If the petitioner's income is insufficient, a joint sponsor who is a separate US citizen or LPR can file their own I-864.
What does Form I-864 do?
Creates a legally enforceable contract between the sponsor and the US government. The sponsor agrees to support the immigrant at 125% of the federal poverty level and to repay any means-tested public benefits the immigrant receives. This obligation continues until the immigrant naturalizes, works 40 quarters, leaves the US permanently, or dies.
Key requirements
✓Most recent federal income tax return or proof of non-filing with explanation
✓W-2s, 1099s, or other evidence of income for the most recent tax year
✓Recent pay stubs or employment verification letter showing current income
✓Income must meet 125% of federal poverty guidelines for the sponsor's household size
✓If using assets: documentation of assets worth at least 5 times the income shortfall
Common mistakes to avoid
⚠Not including all household members when calculating household size — affects the poverty guideline threshold
⚠Using a tax return that does not reflect current income without supporting documents showing higher current earnings
⚠Forgetting to include a joint sponsor if the primary sponsor's income is insufficient
⚠Submitting an unsigned I-864 — USCIS will reject an unsigned affidavit of support
⚠Not counting the immigrant as part of the household size
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Processing details
The I-864 is not filed as a standalone application — it is submitted as part of the I-485 package or sent to the National Visa Center for consular processing.
USCIS and consular officers review the I-864 to ensure the income threshold is met and the form is properly completed and signed. If income is insufficient without a joint sponsor, or if the form is incomplete or unsigned, an RFE or denial will follow.
There is no separate receipt notice or approval notice for the I-864 — it is accepted or rejected as part of the overall application review.
After you file
The sponsor's obligation under the I-864 continues for years after the immigrant receives their green card. The sponsor should understand this obligation fully before signing.
If the immigrant receives means-tested public benefits, the agency providing those benefits can sue the sponsor to recover the cost. The immigrant can also sue the sponsor for support if the sponsor fails to maintain them at 125% of the poverty level.
Divorce does not end the I-864 obligation. The obligation typically ends when the immigrant naturalizes, works 40 qualifying quarters, permanently leaves the US, or dies.
Common situations
Petitioner's income below the 125% threshold
If the US citizen or LPR petitioner does not earn enough, they need a joint sponsor — a US citizen or LPR who independently demonstrates income meeting 125% of the poverty guideline for their own household size including the immigrant being sponsored. Both file separate I-864 forms.
Recently unemployed sponsor
If your most recent tax return does not reflect your current income, include an employer letter confirming current employment and salary, plus recent pay stubs. USCIS considers current income, not just last year's return.
Frequently asked questions
What income level is required?
The sponsor must demonstrate income of at least 125% of the federal poverty guideline for their household size. The poverty guidelines are updated annually. For example, for a household of 3 in 2024, the 125% threshold is approximately $31,000 per year.
Can I use assets instead of income?
Yes. If your income falls short, you can use assets to make up the difference. Assets must be worth at least 5 times the shortfall (3 times for a US citizen sponsoring a spouse or minor child). Qualifying assets include bank balances, stocks, bonds, and real estate equity.
What is a joint sponsor?
A joint sponsor is a separate US citizen or LPR who independently meets the income requirements and jointly sponsors the immigrant. You need one if the primary petitioner's income alone is insufficient. The joint sponsor files their own I-864 and accepts the same legal obligations as the primary sponsor.
Does the I-864 obligation end if we divorce?
No. Divorce does not end the I-864 obligation. The sponsor remains legally obligated to support the immigrant at 125% of the poverty level until the immigrant naturalizes, works 40 qualifying quarters, permanently leaves the US, or dies.
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Official USCIS page for Form I-864
Always download the latest version of the form directly from the official source.