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Client Guide

The Affidavit of Support (Form I-864)

This guide covers Form I-864, the Affidavit of Support that a sponsor signs in many family-based, and some employment-based, green card cases. It is written for the sponsor — the person taking on the support obligation — not for the immigrant being sponsored. It does not cover how to file the underlying petition itself; see the I-130 Petition or Family Petition guides for that step, or the Green Card Process guide for what happens after a petition is approved. If your household income does not clearly meet the requirement on its own, ask us about joint sponsors and how assets factor in during your consultation.

Who Must File It

For most family-based (and some employment-based) green card cases, a sponsor must show they can financially support the immigrant.

The petitioning family member (and sometimes a joint sponsor) generally signs this legally binding contract to support the intending immigrant.

The Income Requirement

Sponsors generally must show household income at or above 125% of the federal poverty guidelines for their household size.

If Income Falls Short

Assets, a joint sponsor, or household members' income may help meet the requirement.

How Long It Lasts

The sponsor's obligation generally continues until the immigrant becomes a citizen, is credited with 40 quarters of work, or a few other qualifying events occur.

Documents the Sponsor Typically Needs

  • Most recent federal tax return
  • W-2s or 1099s
  • Proof of current employment
  • Proof of U.S. citizenship or residency

Bottom Line

This is a serious financial and legal commitment — we walk sponsors through exactly what it means before they sign.

Who Can Serve as a Sponsor

The petitioning sponsor must be a U.S. citizen, U.S. national, or lawful permanent resident, must be at least 18 years old, and must be domiciled in the United States or a U.S. territory.

Domicile is the requirement that surprises people most often. A U.S. citizen living abroad can still sponsor, but has to show that the United States remains their principal residence or that they are taking concrete steps to re-establish it before or at the same time as the immigrant's arrival. Owning property, filing U.S. taxes, maintaining voter registration, and having a job offer or housing arranged in the U.S. all speak to that question.

The petitioner files the I-864 whether or not their income is sufficient. A petitioner who does not meet the income requirement does not get to step aside in favor of someone who does — they file, and a joint sponsor files in addition.

How the Income Requirement Is Actually Calculated

Two numbers meet in the middle. The first is household size, which counts more people than most sponsors expect: the sponsor, the sponsor's spouse, dependent children, anyone else claimed as a dependent on the most recent tax return, any immigrant previously sponsored on a still-active affidavit of support, and the intending immigrant and any accompanying family members.

The second is the income figure that household size is compared against. USCIS publishes the current threshold on Form I-864P, the Poverty Guidelines chart, which is updated annually. The general standard is 125% of the guideline for the household size; sponsors on active duty in the U.S. armed forces who are sponsoring a spouse or child use 100% instead.

The income examined is generally the sponsor's current annual income, supported by the most recent tax return. Current income matters as much as last year's number: a sponsor who changed jobs, started working after a period of unemployment, or received a raise can document present earnings, and a sponsor whose income has dropped since the last return should expect questions.

Because both the guidelines and household composition change, this is a calculation to run at the time of filing rather than one to assume from a previous case.

When the Numbers Do Not Work on Their Own

There are three common ways to close a gap, and they are not interchangeable.

A household member can combine their income with the sponsor's by signing Form I-864A, a contract between that person and the sponsor. This works for someone who lives in the household or is a dependent of the sponsor, and it makes them jointly responsible for the support obligation.

A joint sponsor is a separate person who files their own complete I-864. The joint sponsor — alone, or together with their own household members — must reach the income requirement independently, counting the intending immigrant in their household size. The petitioner's income cannot be added to a joint sponsor's to close a gap between them. A joint sponsor must also meet the same citizenship or residency, age, and domicile requirements.

Assets can be used to make up a shortfall, valued net of any debt against them and generally required to be convertible to cash within a year. Home equity, savings, and investments can count. The multiple of the shortfall that assets must cover depends on the relationship involved, which is one of the details worth confirming before you rely on it.

What the Contract Actually Obligates You To

The I-864 is enforceable, and that is not boilerplate. The immigrant can sue the sponsor directly to enforce the support obligation, and agencies that provide certain means-tested public benefits to the immigrant can seek reimbursement from the sponsor.

The obligation does not end with a divorce. It does not end because the relationship deteriorated, because the immigrant moved out, or because the sponsor changed their mind. It ends only on one of the events listed above — most commonly the immigrant naturalizing or being credited with 40 qualifying quarters of work.

Withdrawing an affidavit of support is possible before the immigrant is admitted or granted adjustment of status, but not afterward. Sponsors should understand this before signing rather than after, which is why we go through it in detail rather than handing it over with the rest of the packet.

When an Affidavit of Support Is Not Required

Not every case needs one. Some intending immigrants are exempt, including applicants who have worked or can be credited with 40 qualifying quarters of coverage under the Social Security Act, certain children of U.S. citizens who acquire citizenship on admission, and certain self-petitioning widow(er)s and battered spouses and children. Applicants adjusting status inside the United States now request that exemption on Form I-485 itself rather than on a separate exemption form.

Employment-based cases generally require an affidavit of support only when a relative filed the petition or has a significant ownership interest in the sponsoring business.

Several humanitarian categories operate outside this framework entirely — asylum applicants, VAWA self-petitioners, and T and U visa applicants are not building a case around a financial sponsor, and those guides describe what does apply instead.

What Delays an Affidavit of Support

  • Submitting the tax return for the wrong year, or omitting all W-2s and 1099s referenced in it
  • Filing a return with a schedule missing — self-employed sponsors are frequently asked for the complete return
  • Undercounting household size, especially dependents claimed on a return but not living in the home
  • Using an outdated poverty guidelines figure after the annual update
  • A joint sponsor who does not independently meet the requirement once the immigrant is added to their household size
  • A sponsor living abroad with no evidence addressing domicile
  • Claiming assets without documentation of ownership, value, and any debt against them
  • An unsigned form, or a Form I-864A signed by someone who is not actually a household member

Where This Fits in the Case

The affidavit of support is not the first step. A petition establishing the qualifying relationship comes first, and only after that does the financial question arrive.

For a case being decided inside the United States, the I-864 is normally submitted with the adjustment of status application. For a case being decided at a consulate abroad, it goes to the National Visa Center during the immigrant visa stage. Either way, the officer reviewing it can request updated financial documents if enough time has passed, so sponsors should keep current tax returns and pay records accessible until the case is decided.

Because the sponsor is usually a family member with a life of their own, the practical advice is simple: tell us early about a job change, a move, a marriage, a new dependent, or a drop in income. Each of those can change the calculation, and all of them are easier to address before a filing than after a request for evidence.

Who This Guide Is Not For

This guide addresses the sponsor's obligation, not the immigrant's application. If you are trying to determine which relatives you are allowed to petition for, see our guide on who you can petition for. If you are preparing the petition itself, see the I-130 guide. If the petition is approved and you are asking what happens next, see the green card process guide.

If your case is marriage-based specifically, the marriage green card guide covers the interview and conditional residence issues that this one does not.

Frequently Asked Questions

Who has to file Form I-864?

The petitioning family member files it in most family-based green card cases, and in some employment-based cases where a relative filed the petition or owns a significant part of the sponsoring business. The petitioner files regardless of income; if their income is insufficient, a joint sponsor files in addition rather than instead.

How much income do I need to sponsor an immigrant?

Sponsors generally must show household income at or above 125% of the federal poverty guidelines for their household size, or 100% for a sponsor on active duty in the U.S. armed forces sponsoring a spouse or child. USCIS publishes the current figures on Form I-864P, which is updated annually, so the number should be checked at the time of filing.

What is the difference between a joint sponsor and a household member?

A household member combines their income with the sponsor's by signing Form I-864A and must live in the household or be a dependent of the sponsor. A joint sponsor is a separate person who files a complete I-864 of their own and must meet the income requirement independently, counting the intending immigrant in their own household size.

Does the affidavit of support end if we get divorced?

No. Divorce does not terminate the obligation. It generally continues until the immigrant becomes a U.S. citizen, is credited with 40 qualifying quarters of work, or one of the other qualifying events occurs.

Can I use assets instead of income?

Assets can be used to make up a shortfall. They are counted net of any debt against them and generally must be convertible to cash within a year, with documentation of ownership and value. The multiple of the shortfall that assets must cover depends on the relationship, so confirm the calculation before relying on it.

What documents does a sponsor need to provide?

At a minimum, the most recent federal tax return with the W-2s or 1099s it references, proof of current employment or income, and proof of U.S. citizenship or lawful permanent residence. Self-employed sponsors are frequently asked for the complete return with all schedules, and sponsors relying on assets need documentation of value and any debt against them.

General information only — not legal advice.

Your immigration journey deserves a plan, not just paperwork.

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