Affidavit of Support I-864 Explained (2026 Guide)

Form I-864 is the legally binding affidavit of support that a petitioner files for almost every family-based immigrant case (and some employment-based cases). It commits the sponsor to make sure the immigrant will not become a public charge. The sponsor must show household income at or above 125% of the federal poverty guidelines for the household size. Joint sponsors (separate I-864) and household members (I-864A) can fill income gaps, and assets can sometimes bridge the rest.

This guide is informational and not legal advice. Verify the current rules on the official USCIS or travel.state.gov page linked at the end.

Form I-864 is a legally enforceable contract between the sponsor and the United States government. By signing, the sponsor commits to financially support the intending immigrant at no less than 125% of the federal poverty guidelines and to reimburse the federal government for any means-tested public benefits the immigrant receives.

The contract is unusual. Most family or moral commitments to support a relative carry no legal force. I-864 is different: federal courts recognize the affidavit as an enforceable contract, and immigrants can sue sponsors directly to collect support. Means-tested agencies can also sue sponsors to recover benefits paid to the immigrant.

The obligation lasts until one of five events:

• The immigrant becomes a US citizen.
• The immigrant accrues 40 quarters of work credited under Social Security (typically 10 years of qualifying work).
• The immigrant departs the United States permanently and abandons permanent resident status.
• The immigrant dies.
• The sponsor dies (the obligation ends but does not retroactively reimburse the sponsor's estate).

Divorce does NOT end the obligation. A divorcing sponsor cannot escape the I-864 commitment by terminating the marriage. Courts have repeatedly enforced I-864 obligations after divorce, ordering sponsors to pay support directly to the immigrant ex-spouse.

The obligation is to support at or above 125% of the poverty guidelines for the immigrant's household, not the sponsor's. If the immigrant cannot earn enough to reach 125% of poverty on their own, the sponsor must make up the difference. The immigrant can sue to enforce this.

I-864 also has an immigration consequence: USCIS treats the sponsor's income as available to the immigrant for purposes of the public charge inadmissibility analysis. A sponsor with insufficient income fails the public charge test and the immigrant case is refused.

I-864 is required for almost every family-based immigrant case and some employment-based cases. The categories that require I-864:

• All family-based immigrants: IR1, CR1, IR2, IR5, F1, F2A, F2B, F3, F4, K1 (after marriage and I-485 filing).
• Employment-based immigrants when the petitioner is a relative: rare but possible. If a US citizen or green card holder owns 5% or more of the petitioning employer, USCIS requires I-864 from that relative.
• Diversity Visa selectees with a US-based sponsor: in some cases. DV applicants who do not have a sponsor file Form I-134 (a non-binding affidavit) instead.

The sponsor is normally the petitioner who filed the underlying I-130. For family-based cases, this means the US citizen or permanent resident relative. The sponsor must:

• Be at least 18 years old.
• Be a US citizen or lawful permanent resident.
• Be domiciled in the United States (or able to demonstrate intent to return to the US, for sponsors temporarily abroad).
• Meet the income requirement (125% of the poverty guidelines for the household size) at the time of filing.

Sponsors who do not meet the income requirement on their own can use:

• A joint sponsor (separate I-864).
• Household member income via I-864A.
• Personal assets in some cases.
• The intending immigrant's own income in some cases (typically only when the immigrant has been working in the US already on a non-immigrant visa).

Some categories are exempt from I-864:

• Immigrants who have already accrued 40 quarters of work credited under Social Security.
• Self-petitioning widows and widowers of US citizens.
• VAWA self-petitioners.
• Children of US citizens who will automatically acquire US citizenship under the Child Citizenship Act on entering the US.

I-864 is filed with the I-485 packet for AOS cases and uploaded to NVC for consular processing cases.

The income requirement is 125% of the federal poverty guidelines for the sponsor's household size. The Department of Health and Human Services publishes the poverty guidelines each year, and USCIS publishes Form I-864P with the 125% values broken down by household size.

Household size for I-864 purposes includes:

• The sponsor.
• The sponsor's spouse (whether or not they share I-864 obligations).
• The sponsor's unmarried children under 21 who live with the sponsor or are claimed as dependents on the sponsor's tax return.
• Any other dependents claimed on the sponsor's tax return.
• The intending immigrant being sponsored on this I-864.
• All immigrants previously sponsored under other I-864 filings who have not yet become US citizens, accrued 40 quarters, departed permanently, or died.

Add them all up. The total is the household size. Then look up 125% of poverty for that size on Form I-864P.

Example: a US citizen sponsor with a spouse, one minor child, and an intending immigrant spouse (from a prior I-130 still under sponsorship obligation) has household size of 5. Looking at the 125% column for household size 5 gives the income floor the sponsor must meet.

Active-duty military sponsors qualify at 100% (not 125%) of the poverty guidelines for the household size. This rule rewards military service and recognizes the additional sources of military compensation (housing, food, healthcare).

Income for the test is the sponsor's individual income from the most recent tax year (or current annual income from W-2s and pay stubs, if higher and verifiable). USCIS uses the "total income" line from Form 1040, not adjusted gross income.

If the sponsor's income is below 125%, the path forward is:

• Add a joint sponsor with their own I-864.
• Combine income with a household member via I-864A.
• Use assets to bridge the shortfall.
• Use the immigrant's own income, if the immigrant is working in the US legally.

When the petitioning sponsor cannot meet the 125% income requirement alone, two helpers exist: the joint sponsor (separate I-864) and the household member (I-864A).

Joint sponsor (separate I-864):

• A second eligible person who independently meets the 125% income requirement for their own household plus the intending immigrant.
• Files a completely separate Form I-864.
• Does NOT have to be related to the petitioner or the immigrant.
• Does NOT have to live with the petitioner or immigrant.
• Must be a US citizen or permanent resident, 18 or older, and domiciled in the US.
• Becomes a co-equal sponsor: the immigrant can sue either the petitioner or the joint sponsor for support, or both.

Joint sponsors are common for petitioner spouses who do not work, recent graduates without a long employment history, or petitioners with low wages. A working sibling, parent, friend, or another relative can serve as joint sponsor if they meet the income test.

Some cases need two joint sponsors when the immigrant family is large. USCIS limits to no more than two joint sponsors total, including the petitioning sponsor (so the petitioning sponsor plus one joint sponsor, OR two joint sponsors if the petitioning sponsor cannot file at all).

Household member (Form I-864A):

• A person who lives in the same household as the petitioning sponsor and whose income is added to the petitioner's income to meet the 125% test.
• Files Form I-864A (Contract Between Sponsor and Household Member) along with the petitioner's I-864.
• Must be related to the sponsor (the intending immigrant, the sponsor's spouse, unmarried adult child living with the sponsor, parent living with the sponsor, sibling living with the sponsor).
• Must have lived with the sponsor for the past 6 months (with some flexibility for spouses).
• Becomes a sub-obligor: the household member is jointly responsible with the sponsor for the support obligation.

I-864A is most common for working adult children living with their parent petitioners, or for the immigrant's own income to be added (when the immigrant has been working in the US on a non-immigrant visa).

When income alone cannot meet 125% of poverty, sponsors can use personal assets to bridge the gap. Assets are converted to a notional income equivalent using the asset rules.

The basic rule:

• Calculate the income shortfall: the amount by which the sponsor's income falls below 125% of poverty for the household size.
• Multiply the shortfall by 5: the asset value needed to bridge it (for most cases).
• Multiply by 3 instead of 5: for spouses or minor children of US citizens (a more favorable multiplier).
• Multiply by 1: for orphan immigrants being adopted from abroad.

Example: a sponsor whose income is 5,000 US dollars below 125% of poverty (for general family cases) needs 25,000 US dollars in qualifying assets to bridge the gap. The same shortfall for a US citizen's spouse needs 15,000 US dollars in assets (3x multiplier).

Qualifying assets include:

• Savings accounts: documented by recent bank statements.
• Stocks, bonds, mutual funds: documented by recent brokerage statements.
• Real estate: net equity (current market value minus outstanding mortgage balance), documented by appraisal and mortgage statement.
• Other liquid or convertible assets: certificates of deposit, money market accounts, retirement account vested balances (in some cases, depending on accessibility).

Assets must be liquid or convertible to cash within 12 months. Long-term assets that cannot be reasonably liquidated (like a home with a deep underwater mortgage, or a privately held business interest without a market) do not qualify.

Assets that do NOT count include:

• Personal use vehicles (one car is usually exempt from any analysis).
• Personal use household goods, furniture, jewelry.
• Future income or expected inheritances.
• Assets that secure debt or are otherwise encumbered.

Document assets with current statements, appraisals, and ownership evidence. USCIS officers verify the asset values and the convertibility.

USCIS publishes three related affidavit of support forms. They cover different scenarios.

Form I-864 (standard):

• The default affidavit of support for almost every family-based immigrant case.
• Used by petitioners and joint sponsors.
• Detailed, with sections for income, household members, employment, immigration, and asset calculations.
• Requires supporting documents: tax transcripts for last 3 years (or just 1 year in some cases), recent employment letter, recent pay stubs, evidence of US domicile.

Form I-864EZ (simplified):

• A shorter version of I-864 for simpler cases.
• Available only when:
  • The petitioner is sponsoring exactly one immigrant (the spouse, a parent, or an unmarried child).
  • The petitioner is using only their own salary or pension income (no household members, no assets).
  • The petitioner's W-2 income alone meets the 125% test.
• Roughly half the form length of standard I-864.
• Same legal effect as I-864.

I-864EZ is the right choice for a petitioner who is salaried, has high enough income to meet 125% alone for a single immigrant, and does not need household member or asset support. Most petitioning spouses with stable W-2 jobs and no other complications use I-864EZ.

Form I-864A (household member):

• NOT a substitute for I-864. It is a contract that supplements the petitioner's I-864.
• Allows a household member's income to be added to the petitioner's income.
• Makes the household member jointly responsible for the sponsorship obligation.
• Used when the petitioner's income alone is insufficient and a household member's income closes the gap.

A case can require multiple forms: the petitioner files I-864 or I-864EZ, a household member files I-864A, and a joint sponsor files a separate I-864. NVC and USCIS expect all required forms to be filed together; missing any of them triggers an RFE or a checklist letter.

The I-864 packet requires extensive documentation to verify income, household, and US domicile.

Standard supporting documents for the sponsor:

• Federal tax transcripts: for the most recent tax year (and sometimes the prior 2 years for borderline cases). Order transcripts from IRS.gov; they are free and process in days.
• Federal tax returns: if transcripts are not available, certified copies of filed returns with all schedules and W-2s.
• Employment letter: from the current employer, on company letterhead, confirming the sponsor's position, salary or hourly rate, hours per week, hire date, and the offered position is permanent (or expected to continue).
• Recent pay stubs: last 2 to 6 months, depending on the case.
• Self-employment evidence: for self-employed sponsors, profit and loss statements, business tax returns (Schedule C, Schedule K-1, or business income returns), business license, and bank statements showing business income.
• Social Security retirement or disability evidence: SSA award letters, recent SSA-1099 forms.
• Investment income evidence: brokerage statements, 1099-DIV, 1099-INT, 1099-B.
• Asset documentation: bank statements, brokerage statements, real estate appraisal and mortgage statement.
• US domicile evidence: US lease or mortgage, utility bills, US bank statements, voter registration, US driver's license. Sponsors temporarily abroad must demonstrate intent to return: US property ownership, US bank accounts, US tax filings, US family ties.
• Citizenship or permanent residence evidence: US passport biographic page, naturalization certificate, US birth certificate, or green card.

For joint sponsors: the same packet of documents, plus evidence of their own US citizenship or permanent residence and their own household composition.

For household members on I-864A: the same income and identity documents.

NVC and USCIS verify everything. Incomplete documentation triggers an RFE or, for NVC, a checklist letter delaying the case.

Form I-864 itself does not require a photo. The underlying immigrant visa or adjustment of status filing (I-485 for AOS, DS-260 for CP) requires passport-style USCIS or State Department photos. If you are organizing a marriage-based green card packet, plan a single photo session that produces enough compliant prints for every form in the chain. Use our photo validator to confirm the file passes before printing, and review the full green card photo rules so the photo never becomes the reason your I-485 or DS-260 is delayed.