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The I-864 affidavit of support
What the I-864 does
Form I-864, the Affidavit of Support, is the document a sponsor signs to promise that they will financially support an intending immigrant [Tier 1: USCIS.gov Form I-864 page, https://www.uscis.gov/i-864]. Most family-based green-card cases require it. Its purpose is to show the US government that the immigrant is not likely to become a “public charge” — that is, dependent on need-based public benefits.
The I-864 is not a formality. It is a legally enforceable contract between the sponsor and the US government. By signing, the sponsor accepts responsibility to support the immigrant at a defined income level and accepts that the government, or the immigrant, can enforce that obligation. That enforceability is the single most important thing to understand about the form.
Who signs it
The petitioner — the family member who filed the I-130 — is the primary sponsor and is generally required to sign an I-864, even when their own income is low. If the petitioner's income is not enough on its own, additional sponsors can be added (see the joint sponsor section below), but the petitioner's affidavit is still part of the package [Tier 1: USCIS.gov Form I-864 page, https://www.uscis.gov/i-864].
A sponsor generally must be a US citizen or lawful permanent resident, at least 18 years old, and domiciled in the United States. Whether a particular person meets the sponsor requirements depends on their circumstances, which is the kind of question a licensed immigration attorney can address.
Why it's a separate form from the I-130
The I-130 and the I-864 answer different questions, so they are different forms filed at different stages. The I-130 establishes that a qualifying family relationship exists — that is its only job (see How the I-130 process works). The I-864 establishes that the immigrant has adequate financial support.
Because of that division, the I-864 generally comes later than the I-130. It is filed with the adjustment-of-status application when the beneficiary is in the United States, or processed through the National Visa Center when the beneficiary is abroad. The consular processing vs adjustment of status page explains which branch a case follows.
Income thresholds
The sponsor generally has to show income at or above 125% of the Federal Poverty Guidelines for their household size. There is a lower threshold of 100% for a sponsor on active duty in the US armed forces who is petitioning for a spouse or child. The poverty guidelines change every year and vary by household size and by state, so USCIS publishes the figures that apply to the I-864 on a dedicated form, the I-864P [Tier 1: USCIS.gov Form I-864P, HHS Poverty Guidelines for Affidavit of Support, https://www.uscis.gov/i-864p].
Household size for this calculation includes the sponsor, the sponsor's dependents, the immigrant being sponsored, and certain others — so the threshold a given sponsor has to clear depends on how their household is counted. The current dollar figures live on the I-864P page linked above, which is the live source.
When a joint sponsor is needed
When the petitioner's income does not reach the applicable threshold, the case is not automatically over. There are a few common ways the income gap is bridged [Tier 1: USCIS.gov Form I-864 page, https://www.uscis.gov/i-864]:
- A joint sponsor. A second, separate sponsor who meets the income requirement on their own can file their own I-864. A joint sponsor takes on the same enforceable obligation as the petitioner.
- A household member's income.The income of certain household members can sometimes be combined with the sponsor's using a related form (Form I-864A).
- Assets. Significant assets can, in some cases, be counted toward the requirement when income alone falls short.
Which of these fits a given case, and how the numbers are calculated, depends on the specific finances involved — a question a licensed immigration attorney can address.
Required supporting documents
The affidavit is backed by evidence of the sponsor's income. The documents USCIS generally expects include [Tier 1: USCIS.gov Form I-864 page, https://www.uscis.gov/i-864]:
- A copy of the sponsor's federal income tax return, or an IRS tax transcript, for the most recent tax year.
- W-2 forms and, where relevant, 1099 forms.
- Proof of current income, such as recent pay statements or a letter from the sponsor's employer.
- Evidence of US citizenship or lawful permanent residence for any sponsor whose status is not already in the record.
The income evidence behind the I-864 takes time to assemble, which is why it appears on the broader I-130 document checklist even though the form is filed at a later stage.
How long the obligation lasts
The sponsor's obligation does not end when the immigrant receives a green card. It continues until a defined terminating event occurs [Tier 1: USCIS.gov Form I-864 page, https://www.uscis.gov/i-864]. The obligation generally ends when one of the following happens:
- The sponsored immigrant becomes a US citizen.
- The immigrant has worked, or can be credited with, 40 qualifying quarters of work (generally about ten years).
- The immigrant permanently leaves the United States.
- The immigrant dies, or the sponsor dies.
Notably, divorce does not end the support obligation — a frequent surprise for sponsors. Because the consequences of the obligation can be significant and turn on specific facts, questions about what the obligation means for a particular sponsor are the kind a licensed immigration attorney can address.
Related pages
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