Form I-864 Affidavit of Support: What Sponsors Must Know

Written by the Ellis Porter content team. This article has not been reviewed by an attorney. It is general information, not legal advice.

In plain English: Form I-864, the Affidavit of Support, is a promise the sponsor signs to financially support a family-based green card applicant so they will not rely on public benefits. It is required in most family cases, and it is a real, legally enforceable contract, not a formality. The sponsor must generally show income at or above 125 percent of the federal poverty guidelines for their household size. If the petitioner’s income is not enough, a joint sponsor or a household member can help. The exact income figures change each year, so always check the current guidelines.

If you have been asked to be a sponsor

If someone has asked you to sponsor a family member’s green card, the I-864 is often the part that gives people pause. Here is what it really asks of you, in plain terms.

Form I-864, the Affidavit of Support, is a promise a sponsor signs to financially support a family-based green card applicant. The aim is to keep that immigrant from relying on public benefits. The affidavit of support comes from federal law. That statute, INA 213A, is codified at 8 USC 1183a, and you can read INA 213A in full.

Here is the key point. The I-864 is required in most family-based green card cases, and it is a legally enforceable contract, not a formality. That contract is enforceable under INA 213A, and in it the sponsor agrees to financially support a family-based immigrant. The sponsor also agrees to maintain income above a required level so the immigrant does not become a public charge. This page walks through the income requirement, who must sign, and what you are really agreeing to.

The income requirement

You must generally show income at or above 125 percent of the federal poverty guidelines for your household size. Certain active-duty military sponsors of a spouse or child may use the 100 percent level instead of 125 percent.

Household size generally includes the sponsor, their dependents, the sponsored immigrants, and anyone else the sponsor is already obligated to support.

The exact dollar figures update annually and are published by USCIS on the Form I-864P poverty guidelines. Because they change each year, always check the current year’s guidelines. (Verify current Form I-864P guidelines for the applicable year and household size.) Assets can sometimes be used to supplement income and meet the requirement.

Who must file

The petitioner is the primary sponsor, and a joint sponsor may be added if needed. The petitioning relative who filed Form I-130 is the primary sponsor and must file an I-864. If you want the details, see our page on the I-130.

If the petitioner’s income is not enough, a joint sponsor or a household member can help. A joint sponsor is a separate qualifying person who files a separate I-864, or a household member adds income using Form I-864A. A household member is a relative in the petitioner’s household who adds their income using Form I-864A. You can find that form on our Form I-864A page. A joint sponsor must be a US citizen or permanent resident, at least 18 years old, and domiciled in the US. Each sponsor accepts the same legal support obligation. Some categories are exempt from the I-864 requirement, and that is fact-specific.

Using assets to qualify

If your income alone falls short, you may use significant assets such as savings, stocks, or property equity to make up the difference, usually valued at several times the income shortfall. The required asset value varies by immigration category. Assets must be available and convertible to cash. Confirm the current asset requirement for your situation.

What you are really agreeing to

None of this is meant to scare you off, and most sponsors meet the requirement without trouble. Still, it helps to know exactly what your signature commits you to before you sign.

The obligation is enforceable, and it lasts. Under INA 213A, the sponsor obligation lasts until the immigrant becomes a US citizen, is credited with 40 qualifying quarters of work, permanently leaves the US, or dies. Forty qualifying quarters of work is about ten years.

The support obligation generally survives divorce, so ending the marriage does not end it. A sponsored immigrant or a government agency that provided certain benefits can enforce the I-864 contract. The government benefits that trigger enforcement by an agency are means-tested benefits. Signing an I-864, whether as petitioner or joint sponsor, means accepting a potentially long-term financial liability.

Getting the affidavit right

I-864 errors are a common cause of delays and Requests for Evidence, such as income documented incorrectly, the wrong household size, or a joint sponsor who does not actually qualify. Whether you meet the income requirement, whether you need a joint sponsor, and how to document assets are fact-specific questions. A licensed Ellis Porter attorney can help you work through these questions before filing.

This article is general information, not legal advice, and does not create an attorney-client relationship. Support requirements and figures change annually and depend on your specific facts. Confirm current guidelines with USCIS and consult a licensed immigration attorney.

Frequently asked questions

What is Form I-864?

Form I-864, the Affidavit of Support, is a legally enforceable contract under INA 213A in which a sponsor agrees to financially support a family-based immigrant and maintain income above a required level so the immigrant does not become a public charge. It is required in most family-based green card cases. The petitioner is the primary sponsor, and a joint sponsor may be added if needed.

What is the income requirement for the I-864?

The sponsor must generally show income at or above 125 percent of the federal poverty guidelines for their household size (100 percent for certain active-duty military sponsors of a spouse or child). The exact dollar figures update annually and are published by USCIS on the Form I-864P poverty guidelines. Assets can sometimes supplement income. Always check the current year’s figures.

Who has to file Form I-864?

The petitioning relative who filed the I-130 is the primary sponsor and must file an I-864. If the petitioner’s income does not meet the requirement, a joint sponsor (a separate qualifying person who also files an I-864) or a household member (using Form I-864A) can be added. Each sponsor accepts the same legal obligation. Some categories are exempt, which is fact-specific.

Is the affidavit of support legally binding?

Yes. The I-864 is a legally enforceable contract. The sponsor’s obligation can last until the immigrant becomes a US citizen, is credited with 40 qualifying quarters of work, leaves the US permanently, or dies. The obligation generally survives divorce. A sponsored immigrant or a government agency that provided certain benefits can enforce it, so signing an I-864 is a serious commitment.

What is a joint sponsor on the I-864?

A joint sponsor is a separate person who independently meets the income requirement and files their own Form I-864, accepting the same support obligation as the petitioner. A joint sponsor is used when the petitioner’s income (and assets) are not enough. The joint sponsor must be a US citizen or permanent resident, at least 18, and domiciled in the US. Their obligation is just as binding.

Can assets be used to meet the I-864 requirement?

Yes, in many cases. If income alone is insufficient, the sponsor may use significant assets (such as savings, stocks, or property equity) to make up the difference, usually valued at several times the income shortfall depending on the relationship. The rules on how much asset value is required vary by category, so confirm the current requirement for your situation.