Affidavit of Support: Sponsor Income, Obligations, and When It Ends

An Affidavit of Support is a legally enforceable contract in which a financial sponsor promises the U.S. government that a green card applicant will not need to rely on public benefits. It is filed on Form I-864 under Section 213A of the Immigration and Nationality Act, and it commits the sponsor to keep the immigrant at an income of at least 125% of the Federal Poverty Guidelines.¹ The obligation is serious. It survives divorce, can last ten years or longer, and gives both the government and the immigrant the right to sue the sponsor.

What You Are Agreeing To When You Sign

By signing Form I-864, you promise to maintain the sponsored immigrant at an income level no lower than 125% of the Federal Poverty Guidelines for as long as the contract remains in force.¹ Two different parties can enforce it against you.

If the immigrant receives means-tested public benefits such as Supplemental Security Income, Temporary Assistance for Needy Families, Medicaid, or SNAP, the agency that paid for those benefits can demand reimbursement from you and sue if you refuse. The immigrant can also sue you directly for support. Courts have upheld these suits and awarded back support even when the sponsor and immigrant no longer live together or have any ongoing relationship. Once a judgment is entered, standard collection tools like garnishment and liens are available, and you may owe attorney fees and collection costs on top of the support itself.²

Who Needs to File an I-864

Nearly all family-based green card applicants need a sponsor to file Form I-864. Some employment-based applicants also need one, specifically when a relative of the immigrant filed the underlying petition or owns a significant stake in the sponsoring employer.

Several categories of immigrants are exempt:³

Immigrants who have already earned, or can be credited with, 40 qualifying work quarters under Social Security (roughly ten years). Quarters worked by a spouse during marriage or by a parent while the immigrant was a minor can count.
Unmarried children under 18 who will automatically become U.S. citizens on admission because their U.S. citizen parent has legal and physical custody.
Self-petitioning widows and widowers filing Form I-360 based on a deceased U.S. citizen spouse.
VAWA self-petitioners, meaning battered spouses and children filing their own Form I-360.⁴
Employment-based immigrants in the first, second, or third preference categories where no qualifying relative filed the petition or holds significant ownership in the petitioning employer.

Sponsor Requirements

To qualify as a sponsor, you must be at least 18 years old, be a U.S. citizen or lawful permanent resident, and have your primary home (your domicile) in the United States or a U.S. territory.⁵ Sponsors living abroad can still qualify by showing the overseas residence is temporary and that they maintain a U.S. domicile.⁶

The Income Threshold

You must show household income of at least 125% of the Federal Poverty Guidelines for your household size.¹ For 2026, effective March 1, the thresholds in the 48 contiguous states are:⁷

Household of 2: $27,050
Household of 3: $34,150
Household of 4: $41,250
Household of 5: $48,350
Household of 6: $55,450
Household of 7: $62,550
Household of 8: $69,650

Alaska and Hawaii use higher thresholds. Household size includes the sponsor, all dependents, anyone living in the home whom the sponsor is legally obligated to support, and every immigrant being sponsored. Sponsors on active duty in the U.S. Armed Forces who are petitioning for a spouse or minor child only need to meet 100% of the guidelines rather than 125%, and this lower bar applies only to the service member’s spouse or child.⁷

Using Assets to Cover a Shortfall

If your income falls below the threshold, you can close the gap with assets like savings, stocks, or real estate equity. Assets must be worth at least five times the difference between your income and the required amount. On a $5,000 shortfall, that means $25,000 in qualifying assets. U.S. citizens sponsoring a spouse or child only need assets worth three times the shortfall.³

When Your Income Is Not Enough on Its Own

Two options exist when a sponsor cannot meet the threshold alone. A joint sponsor, who does not need to be related to the immigrant, files a separate I-864 and must independently satisfy every eligibility requirement, including reaching 125% of the poverty guidelines for their own household.⁶ You cannot add the petitioning sponsor’s income to a joint sponsor’s income to get over the line, and both sponsors carry full legal liability.

Alternatively, a household member can combine their income with the petitioning sponsor’s by signing Form I-864A. Eligible household members include the sponsor’s spouse, the intending immigrant if their income will continue after the green card is issued, relatives living in the same home, and anyone claimed as a dependent on the sponsor’s most recent federal tax return.⁸ Signing the I-864A binds the household member to the same enforceable support obligation as the sponsor.

When the Obligation Ends

The contract does not run for a set number of years. It ends only when one of these events occurs:⁶

The immigrant naturalizes and becomes a U.S. citizen.
The immigrant earns credit for 40 qualifying quarters of work under Social Security, which generally takes about ten years. Quarters worked by a spouse during marriage or by a parent while the immigrant was under 18 can be credited, but no quarter counts if the immigrant received federal means-tested benefits during that period.³¹
The immigrant leaves the United States permanently and abandons lawful permanent resident status.
Either the sponsor or the immigrant dies.

Divorce is not on the list. A sponsor who divorces the person they brought to the country remains financially responsible until one of the events above actually happens, which can mean years of continued liability to a former spouse.⁶

The Address Change Duty Most Sponsors Miss

If you move while the affidavit is still in force, you must notify USCIS of your new address within 30 days by filing Form I-865. Any move counts, even a local one. A first-time failure to report can bring a civil fine of $250 to $2,000. If you fail to report while knowing the immigrant has been receiving public benefits, the fine range rises to $2,000 to $5,000.¹ The 30 days run from the date you actually move, not from when you update your driver’s license or set up mail forwarding.

Do Not Confuse Form I-864 With Form I-134

These two forms sound similar and get mixed up often. Form I-134, the Declaration of Financial Support, is used for temporary stays such as visitor visas, fiancé(e) visas, and humanitarian parole, and asks a supporter to show they can cover expenses during a short visit.⁹ Form I-864 is required for permanent immigration and creates the enforceable, multi-year obligation described above.⁴ If someone is immigrating permanently, an I-134 will not satisfy the requirement.

1
Office of the Law Revision Counsel. 8 USC 1183a – Requirements for Sponsor’s Affidavit of Support
2
U.S. Citizenship and Immigration Services. Important Reminder to Sponsors and Household Members
3
U.S. Citizenship and Immigration Services. Instructions for Affidavit of Support Under Section 213A of the INA
4
U.S. Citizenship and Immigration Services. USCIS Policy Manual Chapter 6 – Affidavit of Support Under Section 213A of the INA
5
U.S. Department of State. I-864 Affidavit of Support FAQs
6
U.S. Citizenship and Immigration Services. Affidavit of Support
7
U.S. Citizenship and Immigration Services. I-864P, HHS Poverty Guidelines for Affidavit of Support
8
U.S. Citizenship and Immigration Services. Instructions for Contract Between Sponsor and Household Member
9
U.S. Citizenship and Immigration Services. Instructions for Form I-134, Declaration of Financial Support