I-864Affidavit of Support Under Section 213A of the INA

TL;DR Fast Facts

• Most family applicants need an I-864 from the petitioner; you can add a joint sponsor if income is too low
• Minimum income is 125% of the Federal Poverty Guidelines (100% if petitioning sponsor is active-duty military sponsoring spouse/child)
• If income is short, assets can make up the difference (usually 5× the shortfall; 3× for U.S. citizen sponsoring spouse/child)
• Some people are exempt: those with 40 Social Security quarters or certain children who automatically become citizens
• For consular cases, Department of State charges $120 Affidavit of Support review fee. No separate USCIS fee when filing with I-485
• Support obligation lasts until immigrant naturalizes, earns 40 quarters, leaves permanently, or dies. Divorce does not end it

Do You Need an I-864?

You generally need an I-864 if you're applying for a family-based green card (spouse, parent, child, or preference relatives). Some employment-based applicants also need an I-864 if a qualifying relative filed the petition or owns at least 5% of the petitioning company.

Exemptions (No I-864 Required)

An I-864 is not required if the intending immigrant:

• Has or can be credited with 40 qualifying quarters of work in the U.S. (roughly 10 years; certain spouse/parent work can count)
• Is a child who will automatically acquire U.S. citizenship upon admission (INA 320)

Note: Adjustment applicants claim these exemptions directly on Form I-485 (I-864W is no longer used for adjustment). Consular cases follow Department of State instructions.

Who Can Be a Sponsor (and Which Form)?

Primary Sponsor (Petitioner)

• Must be 18+, U.S. citizen/national or lawful permanent resident
• Must be domiciled in the United States
• Must submit an I-864 even if using a joint sponsor

Joint Sponsor

• Optional helper who independently meets income requirement
• Maximum two joint sponsors per case
• Joint sponsors cannot combine income with each other or petitioner

Household Member

• Uses Form I-864A to contribute income/assets
• Typically spouse or relative living at same residence

Simplified I-864EZ

Available only if you're the petitioner, sponsoring one immigrant, and qualifying using only your own W-2 wage/retirement income (no household members, no assets, no derivatives).

Income Requirement (How Much Is Enough?)

The sponsor must show income of at least 125% of the HHS Poverty Guidelines for the household size.

Special Cases:

• 100% when petitioning sponsor is active-duty U.S. Armed Forces/Coast Guard sponsoring spouse/child
• Guidelines update annually (2025 guidelines effective March 1, 2025)
• Alaska and Hawaii use different figures

Calculating Household Size

Include:

• Yourself
• Your spouse
• Unmarried children under 21
• Any dependents claimed on latest tax return
• Every immigrant you're sponsoring now
• Any previously sponsored immigrants still under obligation

May include:

• Other relatives living with you only if including their income via I-864A

What Income Counts?

Can count:

• Your current earned/retirement income
• Spouse/household member's income (with I-864A)
• Intending immigrant's income if continuing from same source after green card
• Investment income, rental income, etc.

Cannot count:

• Means-tested public benefits
• Illegal income
• One-time windfalls that won't continue

Using Assets to Qualify

If income falls short, you can use readily convertible assets (cash, savings, stocks, property equity) that can be turned into cash within 12 months without undue harm.

Asset Requirements

Asset value needed:

• 5× the income shortfall for most sponsors
• 3× the shortfall if U.S. citizen sponsoring spouse/child
• 1× the shortfall for certain orphans being adopted in U.S.

What counts:

• Cash, savings, checking accounts
• Stocks, bonds, certificates of deposit
• Real estate equity (property value minus loans)
• Second car (cannot count only car)

Required proof:

• Ownership documentation
• Current value appraisals
• Evidence of any liens or loans

Domicile Requirements (Living in the U.S.)

Sponsors must be domiciled in the U.S. (principal home) or show they are:

Temporarily Abroad

• Kept U.S. domicile (voting, taxes, property, accounts)
• Intent to return demonstrated

Will Re-establish Domicile

• U.S. job offer
• Lease agreement
• School enrollment for children
• Opening U.S. bank accounts

Special Categories

Certain U.S. government, research, corporate, international organization, or religious workers abroad are treated as maintaining U.S. domicile.

Documents Checklist

Required Documents

• ✓ Signed Form I-864 (ink signature; scanned/photocopied accepted)
• ✓ Most recent federal tax return or transcript
• ✓ W-2s and 1099s if submitting tax return
• ✓ Proof of current employment (letter, recent pay stubs)
• ✓ Proof of U.S. citizenship/LPR status (for joint sponsors)
• ✓ Bank statements (if using assets)
• ✓ Property appraisals (if using real estate)
• ✓ Form I-864A (if using household member income)
• ✓ Proof of domicile (if living abroad)

Special Considerations

If you didn't file taxes:

• Provide explanation letter
• Evidence income was below filing threshold
• Any foreign tax documents if applicable

For NVC/Consular Processing:

• Upload to CEAC portal
• Use Financial Evidence Assistant tool
• Documents must be accepted before interview scheduling

Fees

USCIS (Adjustment of Status)

• No separate fee for I-864 when filed with I-485
• Included in I-485 application fee

Department of State (Consular Processing)

• $120 Affidavit of Support review fee
• Plus immigrant visa application fee
• Paid online through CEAC

After You File: Obligations & How They End

By signing I-864, the sponsor agrees to:

• Support immigrant at/above 125% of poverty line
• Repay certain means-tested benefits if sought by agencies
• Notify USCIS of address changes via Form I-865 within 30 days

Obligation Ends When Immigrant:

• Becomes a U.S. citizen (naturalizes)
• Earns 40 Social Security quarters
• Permanently leaves the United States
• Dies

Critical: Divorce does NOT end the obligation. The I-864 remains enforceable even after divorce.

Common Pitfalls (and How to Avoid Them)

1. Counting Household Size Incorrectly

Double-check you're including all required persons and not double-counting. Previously sponsored immigrants still under obligation must be included.

2. Using Income That Won't Continue

Immigrant's income must continue from same source. One-time bonuses or temporary jobs don't qualify.

3. Insufficient Asset Documentation

Provide ownership proof, current valuations, and evidence of liens. Remember the 5×/3×/1× multipliers.

4. Forgetting Form I-864A

If including spouse/relative's income, they must sign I-864A (except when using only immigrant's assets).

5. Not Proving U.S. Domicile

If abroad, include strong evidence of maintaining or re-establishing U.S. domicile before entry/approval.

6. Missing Signatures

Original ink signatures required (though scanned copies accepted for filing). Each sponsor needs separate signed form.

7. Using Wrong Form Version

Always use current form edition from USCIS.gov. Outdated forms will be rejected.

I-864 vs I-134: Don't Mix Them Up

Critical differences:

Never use I-134 as substitute for I-864 in green card cases - it will be rejected.

Quick Reference: Which I-864 Form?

• I-864EZ: Simplest - petitioner only, one beneficiary, W-2 income only
• I-864: Standard - all other cases, joint sponsors, using assets
• I-864A: Supplement - household members adding income/assets
• I-865: Change of address for all sponsors while obligation active

Red Flags That Delay Processing

• Math errors in household size or income calculations
• Missing pages or signatures
• Using outdated poverty guidelines
• Insufficient evidence of current income
• No proof of domicile for sponsors abroad
• Mixing up gross vs. net income
• Not including required dependents
• Assets without proper valuation

Timeline Considerations

Adjustment of Status:

• File with I-485 package
• Reviewed during adjudication
• RFE possible if insufficient

Consular Processing:

• Submit to NVC after case creation
• Must be documentarily qualified before interview
• Consul reviews at interview
• May request additional evidence

Remember: The I-864 creates a legally binding obligation that can be enforced in court. Sponsors have been successfully sued by states for benefit reimbursement and by immigrants for support. Take this commitment seriously and ensure you understand the long-term obligations before signing.