Who this guide is for
- Petitioners who will sign an Affidavit of Support
- Green card applicants whose case requires a sponsor
- Relatives considering becoming a joint sponsor
Who signs Form I-864
- In most family-based cases, the petitioner who filed Form I-130 must sign as the sponsor
- If the petitioner's income is not enough, a joint sponsor may also sign a separate Form I-864
- A separate Form I-864 is needed for each intending immigrant, though copies may be used when several are listed on the same affidavit
- Household members can combine income with the sponsor using Form I-864A
Income guidelines
Sponsors generally must show household income of at least 125% of the federal poverty guidelines for their household size; the threshold is 100% for sponsors on active duty in the U.S. Armed Forces or U.S. Coast Guard who are sponsoring a spouse or child. The current figures are published on Form I-864P. Significant assets can sometimes make up a shortfall.
Common supporting documents
- The sponsor's most recent federal tax return or IRS transcript
- Proof of current employment or income, such as recent pay stubs or a letter from an employer
- Proof of the sponsor's U.S. citizenship or permanent residence and U.S. domicile
The sponsor's obligation
Form I-864 is a legally enforceable contract. The sponsor's obligation ends when the immigrant becomes a U.S. citizen; has worked, or can be credited with, 40 qualifying quarters under Social Security rules; loses permanent resident status and also departs the United States; receives a new grant of adjustment of status in removal proceedings; or dies.
Qualifying quarters are Social Security work credits, generally based on annual earnings from work covered by Social Security, with up to four credits earned per year. Quarters in which the immigrant received certain federal means-tested public benefits do not count, and some quarters worked by a spouse or parent may count. Simply living or working in the United States for ten years does not automatically qualify.
A sponsor's own obligation also ends if that sponsor dies, but one sponsor's death does not end the obligation of any other sponsor, joint sponsor, or household member. Divorce does not end the obligation, and support owed before it ended can still be collected.
Important considerations
- Poverty guideline figures change each year; always use the current Form I-864P.
- Some intending immigrants are exempt. Adjustment applicants now request the exemption in Part 3 of Form I-485 instead of filing Form I-864W.
When to consider legal help
Consider speaking with a qualified immigration attorney or accredited representative if your situation involves any of the following:
- Any arrest, criminal charge, or conviction, in any country
- Past or current removal (deportation) proceedings, or a prior removal order
- Unlawful presence, a prior visa overstay, or a past immigration violation
- Questions about whether you need a waiver or qualify for an exception
- A sponsor whose income or residence makes eligibility unclear
Official USCIS sources
Fees, mailing addresses, form editions, and processing times change. Always confirm them on the official USCIS pages below before you file.
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