What Is Form I-864, the Affidavit of Support?

Form I-864, the Affidavit of Support, is a legally binding contract between a financial sponsor and the U.S. government promising to support a family-based (and some employment-based) immigrant at an income of at least 125 percent of the federal poverty line. There is no filing fee, but signing it commits you for years: the obligation is enforceable in federal or state court, the immigrant can sue you directly, and divorce does not end it.¹

Who Has to File It

If you petitioned for a family member to get a green card, you almost certainly need to sign an I-864. That covers spouses, parents, children, and siblings of U.S. citizens, and spouses and unmarried children of lawful permanent residents. Some employment-based green card cases also require one, but only when a relative filed the underlying petition or owns at least five percent of the sponsoring business.²

A few applicants are exempt: immigrants who have already earned 40 qualifying Social Security quarters (roughly ten years of work, with credit possible from a spouse or parent), VAWA self-petitioners, self-petitioning widows and widowers with an approved Form I-360, and children under 18 who will automatically become U.S. citizens upon admission under the Child Citizenship Act.²³

To sign as the primary sponsor, you must be at least 18, be a U.S. citizen, national, or lawful permanent resident, live in the United States or a U.S. territory (or show you’ll return by the time the immigrant arrives), and be the person who filed the I-130 or I-140 petition.¹

What You Are Promising When You Sign

The I-864 is a contract with the federal government. You agree to maintain the sponsored immigrant at an annual income of at least 125 percent of the federal poverty guidelines for your household size. If the immigrant later receives certain federal means-tested benefits, the agency that paid those benefits can demand reimbursement and sue you if you refuse. The immigrant can also sue you personally to enforce the support obligation.¹⁴

The benefits that trigger reimbursement are a specific list: Supplemental Security Income (SSI), non-emergency Medicaid, SNAP, Temporary Assistance for Needy Families (TANF), and the State Children’s Health Insurance Program. Emergency Medicaid, public health immunizations, school meal programs, and short-term disaster relief are not counted. When an agency does seek repayment, it must send you an itemized written request; if you do not respond within 45 days indicating willingness to pay, the agency can sue.¹

When the Obligation Ends

The support obligation is long, but it is not permanent. It terminates when the sponsored immigrant:

Becomes a U.S. citizen through naturalization;
Is credited with 40 qualifying quarters of Social Security work (roughly ten years), provided they did not receive federal means-tested benefits during any quarter counted after December 31, 1996;
Dies; or
Loses lawful permanent resident status, for example by abandoning it or being deported.

The sponsor’s death also ends the ongoing duty to provide support, though a government agency may still pursue the sponsor’s estate for benefits the immigrant received before the sponsor died.²

Divorce is not on that list. Once you sign, a later divorce leaves your I-864 obligation intact until one of the events above happens.¹ Federal courts have also generally refused to let prenuptial agreements waive the obligation, on the reasoning that the affidavit is a contract with the government rather than an agreement between spouses. A prenup purporting to release you from I-864 liability should not be relied on.

2026 Income Thresholds and Household Size

Your income needs to reach 125 percent of the federal poverty guidelines for your household size. Active-duty members of the U.S. Armed Forces sponsoring a spouse or child only need to meet 100 percent.⁵ The 2026 figures for the 48 contiguous states and D.C. are:⁶

Household of 2: $27,050 (125%) / $21,640 (military 100%)
Household of 3: $34,150 (125%) / $27,320 (military 100%)
Household of 4: $41,250 (125%) / $33,000 (military 100%)
Household of 5: $48,350 (125%) / $38,680 (military 100%)

Alaska and Hawaii have higher thresholds. A household of two in Alaska must show $33,812.50 at the 125 percent level; the same household in Hawaii must show $31,112.50.⁶

Household size for I-864 purposes is not just who lives in your home. Count yourself, your spouse, your children (by birth, marriage, or adoption) living with you, anyone you claimed as a dependent on your most recent tax return even if they live elsewhere, the immigrant you are sponsoring, any derivatives immigrating with the principal applicant within six months, and anyone in the U.S. you are still supporting on a previously filed I-864 that has not terminated.⁷ Getting this count wrong is one of the more common ways an otherwise adequate income comes up short on paper.

Using Assets If Income Falls Short

Assets can fill an income gap. The net value of qualifying assets (after debts and liens) must equal at least five times the shortfall between your actual income and the 125 percent threshold. For a U.S. citizen sponsoring a spouse or minor child, the multiplier is three times the shortfall.⁷

Say the threshold for your household is $27,050 and you earn $22,050. The shortfall is $5,000. Most sponsors would need $25,000 in qualifying assets; a citizen sponsoring a spouse would need $15,000. Savings, stocks, bonds, and real estate count, but only if they can be converted to cash within a year without serious hardship, and you’ll need documentation of ownership and any liens.⁷

Joint Sponsors and Combined Household Income

If neither your income nor your assets cover the requirement, a joint sponsor can step in. A joint sponsor must independently meet the age, status, and domicile rules, does not need to be related to the immigrant, and accepts the same full legal liability you would. Each joint sponsor files a separate I-864 and must show enough income for their entire household size.⁷

You can also combine a household member’s income with your own. That person completes Form I-864A, a contract between them and you, and must be at least 18. The intending immigrant’s own income can help too. If the immigrant is your spouse, their income counts as long as it continues from the same source after the green card. If the immigrant is a different relative, the income must continue from the same source and the immigrant must already live with you.²

Documents and Where to File

Most of the work on this form is paperwork. At a minimum, gather:

An IRS transcript or copy of your most recent federal tax return (Form 1040) with all schedules; up to three years can help show stability.²
W-2s and 1099s matching that return.²
Pay stubs from the past six months.
A signed employer letter confirming position, salary, and length of employment.

Any document in a foreign language needs a certified English translation. The translator must certify in writing that the translation is complete and accurate and that they are competent to translate; USCIS does not require a professional.

Where you file depends on where the immigrant is. If they are abroad, the I-864 and its evidence go through the Consular Electronic Application Center (CEAC) portal via the National Visa Center. If they are already in the U.S. and adjusting status, the I-864 goes in the packet with Form I-485.⁸ Always use the current edition of the form; an outdated version will be rejected. If the reviewer finds your financial evidence thin, expect a request for more documentation before the case moves.

After You Sign: Address Changes and Reimbursement

Once the affidavit takes effect, you must report any move to USCIS within 30 days on Form I-865. The civil penalty for failing to do so runs from $250 to $2,000, and if you knew the immigrant was receiving means-tested benefits when you failed to report, the range jumps to $2,000 to $5,000.¹ Sponsors who are lawful permanent residents must also meet the general 10-day address-change rule that applies to all LPRs.⁹

The larger financial risk is a reimbursement lawsuit. If a government agency pays out means-tested benefits to the person you sponsored and you ignore an itemized demand for repayment, the agency can sue in state or federal court. Available remedies include wage garnishment, liens on your property, and an order to pay the agency’s legal fees and collection costs on top of the benefits themselves.¹ That is the practical reason to read the affidavit carefully before signing: the commitment reaches into your paycheck long after the wedding photos or the airport pickup.

1
Office of the Law Revision Counsel. 8 USC 1183a – Requirements for Sponsors Affidavit of Support
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USCIS. Form I-864 Instructions for Affidavit of Support Under Section 213A of the INA
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U.S. Citizenship and Immigration Services. Affidavit of Support
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Travel.State.Gov. Step 4 – Complete Affidavit of Support
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U.S. Citizenship and Immigration Services. HHS Poverty Guidelines for Affidavit of Support
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HHS Office of the Assistant Secretary for Planning and Evaluation. 2026 Poverty Guidelines – 48 Contiguous States
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Travel.State.Gov. I-864 Affidavit of Support FAQs
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U.S. Department of State. Step 9 – Upload and Submit Scanned Documents
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USCIS. Form I-865 Instructions for Sponsors Notice of Change of Address