Affidavit of Support Letter: Sponsors, Income, and Obligations

An affidavit of support for immigration is a legally binding promise, signed on Form I-864, in which a U.S. sponsor guarantees the federal government that a family-based green card applicant will have enough financial backing to stay off public assistance. The sponsor generally has to show income of at least 125% of the federal poverty guidelines for their household size — $27,050 for a two-person household under the 2026 figures.¹ The contract is enforceable in court, it can outlast the marriage or relationship that prompted it, and breaking it can mean paying the government back for benefits the immigrant received.

Who Has to File One

Nearly every immigrant applying for a family-based green card needs a sponsor to file Form I-864. The requirement also reaches certain employment-based immigrants when a relative filed the visa petition or has significant ownership in the sponsoring company.² The point of the form is to keep the immigrant from becoming a “public charge,” meaning someone primarily dependent on the government for basic needs.³

A handful of immigrants are exempt from the affidavit requirement:

Self-petitioning applicants under the Violence Against Women Act.
Self-petitioning widows and widowers of U.S. citizens.
Immigrants credited with 40 qualifying work quarters, counting their own work plus credits from a spouse or parents (roughly 10 years of U.S. work history).
Children under 18 who will acquire automatic citizenship on admission because a U.S. citizen parent has custody.
Employment-based immigrants where no qualifying relative filed or holds significant ownership in the petitioning employer.

If none of those fit, the petitioner has to sign the I-864.⁴

Who Can Be a Sponsor

Federal law sets three baseline rules. A sponsor must be at least 18, must be a U.S. citizen or lawful permanent resident, and must be domiciled in the United States or one of its territories.⁵

Domicile usually gets proven with a lease or mortgage, a U.S. bank account, voter registration, or an employment record. A sponsor living overseas has to show the stay abroad is temporary and that they’ll reestablish residence in the U.S. before or when the immigrant arrives. Without that geographic tie, USCIS won’t accept the affidavit, because a sponsor has to be reachable in a U.S. court if the government ever needs to enforce the contract.²

Income You Have to Show in 2026

The sponsor’s annual income must clear 125% of the federal poverty guidelines for their household size. Active-duty members of the U.S. Armed Forces sponsoring a spouse or child qualify at 100% instead.⁴ The Department of Health and Human Services updates the numbers each year, and the 2026 figures took effect on March 1, 2026. For the 48 contiguous states, the 125% thresholds start at $27,050 for a household of two, $34,150 for three, $41,250 for four, and rise by $7,100 for each additional person past eight. Alaska and Hawaii use higher figures.¹

Household size on the I-864 isn’t just the people under your roof. You count yourself, your spouse, your dependents, anyone else you claimed on your most recent tax return, the immigrant you’re sponsoring, and any family members immigrating with them. That total picks the row on the chart.

What to Do If Your Income Falls Short

There are three ways to close a gap: use assets, combine with a household member, or bring in a joint sponsor.

Assets

Savings, stocks, retirement funds, and real estate can count. The total net value of qualifying assets must equal at least five times the difference between your income and the required threshold, so a $10,000 shortfall needs $50,000 in eligible assets. The multiplier drops to three for a U.S. citizen sponsoring a spouse or a child at least 18 years old, and to one-to-one for a foreign-born orphan who will automatically acquire citizenship on admission.⁴ Every asset has to be convertible to cash within 12 months, and you’ll need bank statements, brokerage statements, or professional appraisals to back the values.

Household Member

A household member is someone who lives with you and agrees to combine their income by signing Form I-864A. They have to be at least 18, and they’re usually a spouse, adult child, parent, or sibling. Their income adds to yours, so together you only need to clear the threshold once.

Joint Sponsor

A joint sponsor is a separate person who files their own I-864 and independently takes on the full financial obligation. They don’t have to be related to anyone involved, but they have to meet the same baseline rules (citizen or LPR, 18 or older, U.S. domicile) and must qualify on their own income and household size without pooling resources with the primary sponsor.⁴

Documents to Send With the Form

Form I-864 is available on the USCIS website and asks for detailed financial information: full legal name, Social Security number, employment details including your employer and salary, and your household size calculation.⁶ The supporting evidence usually includes:

A copy of your most recent federal tax return with W-2s and 1099s. Returns from the two prior years and pay stubs from the last six months are optional but helpful.
An employer letter confirming job title, salary, and length of employment, especially if your latest return understates current earnings.
For the self-employed, the tax schedules showing net profit.
Asset documentation showing ownership, location, acquisition date, current value, and any liens.

Only the most recent tax year is required. Providing more gives the officer a fuller picture and cuts the odds of a Request for Evidence.⁶

How Long the Obligation Lasts

Signing the affidavit is signing a contract with the federal government, and it ends only when one of these things happens:

The sponsored immigrant becomes a U.S. citizen.
The immigrant is credited with 40 qualifying quarters of work (roughly 10 years), provided they didn’t receive federal means-tested benefits during any quarter earned after December 31, 1996.
The sponsor or the immigrant dies.
The immigrant permanently leaves the United States or loses lawful permanent resident status.

Nothing else ends it.⁴

Divorce Does Not End It

Divorce is the scenario that blindsides sponsors. A sponsor who divorces the person they brought to the U.S. is still on the hook for keeping that person’s income at 125% of the poverty guidelines. Courts have treated the I-864 as a federal contract that state divorce proceedings cannot dissolve.⁷

The sponsored immigrant can sue the former spouse in federal or state court for the difference between their actual income and the 125% threshold. Prenups and divorce settlements can’t override the federal duty. Courts have also held that the immigrant isn’t required to go find work to reduce the sponsor’s exposure. The obligation stands regardless.

Enforcement If You Don’t Pay

Three parties can enforce the affidavit against the sponsor: the sponsored immigrant, the federal government, and any state or local agency that provided means-tested public benefits to the immigrant.² If the immigrant collects a covered benefit, the agency can demand repayment. If the sponsor doesn’t respond within 45 days, the agency can sue. The statute of limitations runs 10 years from the date the immigrant last received the benefit at issue.

Covered means-tested federal benefits include Supplemental Security Income (SSI), SNAP, Temporary Assistance for Needy Families (TANF), non-emergency Medicaid, and the Children’s Health Insurance Program (CHIP). Emergency medical care, school lunch programs, immunizations, and short-term disaster relief don’t count. A sponsor who loses in court is liable for the full cost of the benefits plus legal fees.⁶

You Have to Report Every Move

Every time a sponsor moves, they have to notify USCIS within 30 days by filing Form I-865. The duty runs until the sponsorship obligation ends, which can be a decade or longer, and it applies even if the immigrant never lived with you or has since left your household. Failing to report can bring civil penalties of up to $5,000. Sponsors who signed I-864s for more than one immigrant have to file an I-865 for each active sponsorship after every move.

1
U.S. Citizenship and Immigration Services. I-864P, HHS Poverty Guidelines for Affidavit of Support
2
Office of the Law Revision Counsel. 8 USC 1183a – Requirements for Sponsors Affidavit of Support
3
U.S. Citizenship and Immigration Services. Public Charge Resources
4
U.S. Citizenship and Immigration Services. Instructions for Affidavit of Support Under Section 213A of the INA
5
eCFR. 8 CFR Part 213a – Affidavits of Support on Behalf of Immigrants
6
U.S. Citizenship and Immigration Services. I-864, Affidavit of Support Under Section 213A of the INA
7
U.S. Citizenship and Immigration Services. Affidavit of Support