Everything sponsors and petitioners need to know about filing Form I-864 for family-based and employment-based green card applicants.
Form I-864, Affidavit of Support Under Section 213A of the INA, is a legally binding contract between a U.S. citizen or lawful permanent resident sponsor and the U.S. government. By signing it, the sponsor promises to financially support the intending immigrant at 125% or more of the Federal Poverty Guidelines and agrees to reimburse any means-tested public benefits the immigrant may receive.
The I-864 is required for most family-based immigrant visa categories and some employment-based categories where a family member is petitioning. Specifically, it is required for: immediate relatives of U.S. citizens (spouse, parents, unmarried children under 21); family preference categories (F1, F2A, F2B, F3, F4); employment-based immigrants where the petitioner is a relative or a family member owns 5% or more of the sponsoring business.
For employment-based immigrants petitioned by an employer (not a family member) without a family relationship to the employer, the I-864 is generally not required. Instead, a different financial support demonstration is used. Confirm with your immigration attorney which affidavit form applies to your specific situation, I-864 vs. I-864EZ vs. I-864W.
The I-864 creates an enforceable obligation that survives job changes, divorce, and even the sponsor's own financial hardship. The obligation ends only when the immigrant becomes a U.S. citizen, has worked 40 qualifying quarters of Social Security credit, dies, leaves the U.S. permanently, or loses LPR status. Divorce does not end the I-864 obligation.
The sponsoring petitioner must demonstrate income at or above 125% of the Federal Poverty Guidelines for their household size. In 2026, the 125% threshold for a household of 2 is approximately $25,000; for a household of 4, approximately $38,000; for a household of 5, approximately $44,000. These figures adjust annually when HHS publishes new poverty guidelines, typically in January.
Household size for I-864 purposes includes: the sponsor, all dependents listed on the sponsor's most recent tax return, all persons being sponsored on the current and any prior I-864 that remains legally binding, and the intending immigrant (even if not yet in the U.S.). Correctly counting household size is critical, undercounting creates a false impression of sufficient income and can lead to a Request for Evidence (RFE) or denial.
Active military members petitioning for a spouse or child need to meet only 100% of the Federal Poverty Guidelines, a lower threshold than civilians. This exception applies to active duty Armed Forces members only, reserve and National Guard members on non-active duty do not qualify for this reduced threshold.
Income for I-864 purposes includes wages, salary, tips, alimony, child support, dividends, interest, rental income, and other regular income. Assets can be converted to imputed income: divide liquid assets (bank accounts, stocks, retirement accounts) by 5 (or by 3 for the sponsor's home equity and for the intending immigrant's assets) to determine their income equivalent. This asset calculation can bridge a gap between actual income and the required threshold.
If the petitioning sponsor cannot independently meet the 125% income threshold, a joint sponsor may be added. A joint sponsor is any U.S. citizen or lawful permanent resident who is willing to accept full legal liability for financially supporting the immigrant. The joint sponsor does not need to be related to the petitioner or the intending immigrant.
The joint sponsor files a separate, complete I-864 form independently. Their income is not combined with the petitioner's income, each I-864 must independently meet the income threshold for the joint sponsor's own household size plus the intending immigrant(s). There can be a maximum of two joint sponsors per principal applicant.
Joint sponsors should be selected carefully because they assume a legally binding financial obligation. Common joint sponsor choices include: the intending immigrant's U.S. citizen employer (particularly for employment-based cases where the employer also wants to demonstrate income stability); a U.S. citizen sibling or parent of the petitioner; or a close friend who understands and accepts the legal obligation.
Joint sponsors must provide the same documentation as the primary sponsor: most recent 3 years of federal tax returns (or IRS tax transcripts), W-2s and 1099s, recent pay stubs, and an employment verification letter. Self-employed joint sponsors should also provide Schedule C and business financial statements.
The I-864 requires substantial documentation. Core requirements include: (1) signed Form I-864; (2) proof of U.S. citizenship or LPR status (copy of passport, birth certificate, or green card); (3) most recent federal tax return (Form 1040) with all schedules, or IRS Tax Transcript; (4) W-2s and 1099s for the most recent tax year; (5) evidence of current employment (employment offer letter or recent pay stubs); (6) evidence of all household members.
USCIS has moved toward accepting IRS tax transcripts as a replacement for full tax return copies. Online transcripts from IRS.gov's Get Transcript portal are accepted. If you filed jointly, submit the joint return or transcript; if filing separately, submit your individual return.
For immigrants with income, whether from assets, foreign employment, or U.S. employment, I-864A (Contract Between Sponsor and Household Member) allows a household member's income to be included in the sponsor's I-864. The household member must file an I-864A and provide their own income evidence if their income is needed to reach the 125% threshold.
Common I-864 errors include: using gross income from Line 9 of Form 1040 (correct) instead of adjusted gross income; not accounting for household members who are themselves being sponsored under prior I-864s; submitting incomplete tax returns without all schedules; and not including evidence of all income sources. These errors generate RFEs that delay case processing by several months.
The I-864 creates a legally enforceable debt obligation. If the sponsored immigrant receives means-tested public benefits, including Medicaid, SNAP, SSI, TANF, or other covered programs, the sponsoring government agency can sue the I-864 sponsor to recover the benefits paid. Federal and state agencies have used I-864 enforcement actions, and courts have ruled in favor of government agencies seeking reimbursement.
Private enforcement is also possible. Courts have held that the intending immigrant (once they receive LPR status) may sue the I-864 sponsor for support at 125% of the poverty level if the sponsor fails to provide it. This has been particularly litigated in divorce cases where the sponsored spouse sought support from the U.S. citizen ex-spouse based on the I-864 obligation.
The I-864 obligation terminates under specific conditions: the sponsored immigrant naturalizes as a U.S. citizen; the sponsored immigrant works (or is credited with) 40 qualifying quarters of Social Security; the sponsored immigrant permanently departs the U.S. and abandons LPR status; the sponsored immigrant dies; or the intending immigrant fails to obtain LPR status (e.g., if the immigrant visa application is denied).
One common misconception is that divorce terminates the I-864. It does not. Even after divorce, the U.S. citizen petitioner remains legally obligated to support the ex-spouse at the 125% poverty level until one of the terminating conditions above occurs. This is a critical point for U.S. citizens sponsoring foreign national spouses to understand before filing the petition.
H1B Visa Jobs Editorial Team
Senior Immigration Attorney
15+ years specializing in employment-based immigration. Has helped thousands of professionals navigate U.S. visa processes.