Form I-864: What Sponsors Need to Know About the Affidavit of Support for Family-Based Green Cards

For most family-based Green Card applications, financial sponsorship is not optional — it is a legal requirement. Form I-864, Affidavit of Support Under Section 213A of the INA, is the document through which a U.S. citizen or lawful permanent resident formally agrees to financially support a family member seeking permanent residency. Understanding what this form requires, what obligations it creates, and what happens when the income threshold isn’t met is essential for anyone petitioning for a family member’s Green Card.

What Form I-864 is

Form I-864 is a legally binding contract between the sponsoring petitioner and the U.S. government. Its purpose is to demonstrate that the intending immigrant will have adequate financial support upon arriving in the United States and will not rely on means-tested public benefits. The government may require the sponsor to repay costs if the Green Card holder later receives benefits from programs such as SNAP, SSI, Medicaid, TANF, or CHIP.

The obligations created by signing Form I-864 are enforceable in court. If a sponsor fails to provide required financial support, the sponsored family member has the legal right to sue. These obligations do not end upon divorce — they continue until the Green Card holder becomes a U.S. citizen, completes 40 qualifying quarters of work under the Social Security Act (approximately 10 years), permanently leaves the United States, or either party dies.

Who must file it

Form I-864 is required for most family-based Green Card applicants, including those in the following visa categories: IR-1 and CR-1 (spouses of U.S. citizens), IR-2 and CR-2 (unmarried children under 21 of U.S. citizens), IR-5 (parents of U.S. citizens), and family preference categories F1 through F4. Certain employment-based immigrants must also submit Form I-864 when a qualifying relative either filed Form I-140 on their behalf or owns 5% or more of the petitioning company.

Some applicants are exempt, including those who have earned 40 qualifying quarters of work under the Social Security Act, certain widows or widowers with an approved Form I-360, and self-petitioning battered spouses or children under the Violence Against Women Act with an approved Form I-360.

Sponsor eligibility requirements

To serve as a petitioning sponsor, an individual must be a U.S. citizen or lawful permanent resident, at least 18 years old, and domiciled in the United States. USCIS considers a person domiciled in the United States if they currently live there, temporarily reside abroad but maintain qualifying ties such as tax filings or property ownership, or can demonstrate intent to return before the sponsored family member receives their visa.

The most consequential eligibility requirement is financial. The sponsor must demonstrate an annual income of at least 125% of the Federal Poverty Guidelines for their household size. Active-duty military members sponsoring a spouse or child may qualify at 100% of the guidelines. Poverty guidelines are updated annually, and the guidelines applicable to the year of filing — which may be the prior year’s figures — should be used. Current guidelines are published by the U.S. Department of Health and Human Services.

As a general reference based on the most recently available figures in the source document, the 125% threshold for a household of two in the 48 contiguous states is $27,050 annually (as of March 1, 2026 guidance from USCIS), with higher thresholds for larger households and separate guidelines for Alaska and Hawaii. These figures should be verified against the current federal poverty guidelines before filing.

What to do if income is insufficient

Sponsors whose income falls below the required threshold have two options.

Assets. The cash value of assets that can be converted to cash within one year — including savings, stocks, bonds, and real estate — may be added to supplement income. To find out how much you need in assets, subtract your household income from the minimum income requirement, then multiply that difference. For most sponsors, you multiply by five. But if you are a U.S. citizen sponsoring your spouse or a child age 18 or older, you multiply by only three. (For a foreign orphan being adopted in the U.S., the assets only need to equal the difference itself.)

Joint sponsor. A joint sponsor who independently meets the income requirements may file their own Form I-864 alongside the petitioning sponsor’s form. The joint sponsor must meet all the same eligibility requirements and file a completely separate Form I-864 — they do not replace the primary sponsor’s filing but supplement it.

If a household member’s income will be counted toward the requirement, that individual must complete Form I-864A, Contract Between Sponsor and Household Member, and provide supporting income documentation.

What documents are required

A complete Form I-864 filing typically includes proof of the sponsor’s U.S. citizenship or permanent resident status, the most recent federal income tax return including all W-2s and Form 1099s, recent pay stubs covering at least six months, and an employment verification letter. Self-employed sponsors must also include relevant Schedules from their tax return. Sponsors using assets to qualify must provide bank statements, investment account summaries, property deeds, or other documentation of assets convertible to cash within one year.

How and when to file

Form I-864 may only be filed after USCIS has approved the underlying immigrant visa petition — typically Form I-130. For consular processing cases, Form I-864 is uploaded to the National Visa Center through the CEAC portal. For adjustment of status cases, it is included with the Form I-485 filing packet and mailed to the appropriate USCIS lockbox.

There is no separate USCIS filing fee for Form I-864 when submitted with an adjustment of status application — the cost is included in the Form I-485 filing fee. For consular processing cases, the National Visa Center charges a $120 Affidavit of Support processing fee.

Sponsors meeting all requirements on their own income without a joint sponsor or household member contribution may be eligible to file Form I-864EZ, a simplified version of the form.

Getting it right the first time

Form I-864 is reviewed as part of the overall Green Card process — any deficiency in the affidavit can delay the entire application. Given the legal obligations the form creates, the financial documentation it requires, and the consequences of errors or omissions, working with experienced immigration counsel to review the affidavit before submission is a practice frequently associated with more complete filings and fewer avoidable delays.