I-864 — Affidavit of Support.

Form I-864 is the U.S. sponsor's legally binding promise that the immigrant won't become a public charge. Required for almost all family-based and some employment-based green card cases.

Who must file I-864

The petitioner (U.S. citizen or LPR sponsor) must file I-864 in:

• All family-based cases (immediate relatives and family preference)
• Employment-based cases where the employer is a relative or owns 5%+ of the petitioning entity
• Returning resident cases (SB-1)

Not required for:

• Self-petitioned EB-1A, EB-2 NIW, EB-5
• VAWA self-petitioners
• Asylees and refugees
• Diversity Visa winners
• Children who will become USCs upon admission

Income requirements (2026)

Sponsor must demonstrate income at 125% of federal poverty guidelines for household size (100% for active duty military sponsoring spouse or child).

Household size includes:

• Sponsor
• Sponsor's spouse
• Sponsor's dependent children
• Other dependents listed on tax returns
• Other immigrants currently being sponsored under existing I-864 obligations
• The intending immigrant(s) and accompanying family members

2026 minimum income (125% of poverty, 48 contiguous states + DC)

Alaska and Hawaii have higher thresholds. Always verify current guidelines at uscis.gov.

If your income is insufficient

Option 1: Use household member income (Form I-864A)

A household member can combine their income with yours by signing Form I-864A. Must be a relative living with you or your dependent.

Option 2: Use assets

Liquid assets can substitute for income deficit at a 5:1 ratio for spouses of USCs (3:1 for spouses of LPRs and minor children of USCs). Assets must be available for liquidation within 1 year.

Example: If you're $10,000 short on income and sponsoring a spouse, you need $50,000 in qualifying assets.

Option 3: Joint sponsor

A second sponsor (relative, friend, or willing third party) files their own I-864. Must independently meet the 125% threshold for their own household plus the immigrant. Not combined with primary sponsor's income — must qualify alone.

Required supporting documents

• Sponsor's most recent federal tax return (entire return, all schedules)
• W-2s, 1099s for tax year
• Tax transcripts strongly preferred over self-printed returns
• Most recent 6 months of pay stubs
• Letter from current employer confirming employment and salary
• Self-employed sponsors: profit/loss statement, business tax returns
• Asset documentation if used
• Proof of U.S. citizenship or LPR status
• Birth certificates or marriage records establishing household members

Legal obligations of the sponsor

I-864 is a legally enforceable contract between the sponsor and the U.S. government. Obligations:

• Maintain immigrant at 125% of poverty if they fall below
• Reimburse means-tested benefits the immigrant receives (food stamps, SSI, etc.)
• Notify USCIS of address changes (Form I-865) within 30 days

When obligations end

• Immigrant naturalizes (becomes U.S. citizen)
• Immigrant accumulates 40 quarters of work (~10 years)
• Immigrant departs U.S. permanently and abandons LPR status
• Immigrant dies
• Sponsor dies (estate may still be liable for accrued obligations)

Divorce does NOT end the I-864 obligation. This catches many sponsors by surprise.