Form I-864
Affidavit of Support (I-864): What Every Marriage-Based Sponsor Needs to Know
The affidavit of support is a legally binding contract between a sponsor and the US government, required for nearly every marriage-based immigration case. By signing Form I-864, the sponsoring spouse agrees to financially support the immigrating spouse and reimburse the government for certain public benefits the immigrant might otherwise receive.
This Isn't Optional Paperwork
Without a properly completed I-864, a case cannot move forward, regardless of how strong the marriage itself is.
I-864 Income Requirements
125% of the federal poverty guidelines
The sponsoring spouse's household income must generally meet or exceed 125% of the federal poverty level for their household size, based on the most current guidelines published by the Department of Health and Human Services.Active-duty military exception
Sponsors on active duty in the US Armed Forces or US Coast Guard sponsoring a spouse or unmarried child under 21 may qualify at 100% of the federal poverty guidelines, rather than the standard 125% threshold.Household size calculation
Household size generally includes the sponsor, their spouse, dependent children under 21, any other dependents claimed on the sponsor's most recent tax return, the immigrant(s) being sponsored in this affidavit, and any immigrants previously sponsored on Form I-864 who remain under that support obligation.Assets as a substitute for income
If income alone doesn't meet the threshold, qualifying assets, such as savings or property, can sometimes be used to make up the difference.Joint sponsor option
If the primary sponsor's income falls short, a joint sponsor who meets the income requirement independently can file a separate I-864 to help satisfy the requirement.
Required Documents and Submission Timing
The following documents typically support the affidavit of support income requirements:
- Most recent federal tax return, or an acceptable explanation if not required to file
- W-2s or 1099s corresponding to the tax return
- Recent pay stubs or an employment verification letter
- Evidence of any additional income or qualifying assets, if relied upon
Submission timing
The I-864 is generally submitted at the NVC stage for consular processing cases or alongside Form I-485 for adjustment of status cases.
Common Challenges with the I-864
Sponsor income shortfall
Self-employed sponsor documentation
Joint sponsor eligibility
FAQ
Frequently Asked Questions
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Get a Free Case EvaluationWhat is the I-864 affidavit of support?
It's a legally binding form the sponsoring spouse signs, committing to financially support the immigrating spouse and reimburse the government for certain public benefits the immigrant might receive. It's required in almost every marriage-based immigration case.
What are the I-864 poverty guidelines, and how do they apply to me?
The sponsor's household income generally needs to meet or exceed 125% of the federal poverty guidelines for their household size. Sponsors on active duty in the US Armed Forces sponsoring a spouse or child may qualify at 100% instead. The exact dollar threshold changes each year and depends on how many people are counted in the household.
What counts as a joint sponsor for immigration purposes?
A joint sponsor is someone who agrees to share financial responsibility when the primary sponsor's income doesn't meet the requirement on its own. They must independently meet the income threshold, be a US citizen or lawful permanent resident, and live in the United States.
What is the sponsor income requirement for a green card if I'm self-employed?
The same 125% threshold applies, but self-employed sponsors typically need to submit more detailed documentation, such as full tax returns with schedules, since income isn't verified through employer pay stubs.
Is there a filing fee for the I-864?
No. USCIS does not charge a separate filing fee for Form I-864 itself, though it's submitted alongside other forms that do carry their own fees.
Can more than one joint sponsor be used?
Yes, in certain situations. If no single joint sponsor meets the full income requirement alone, more than one joint sponsor may each file a separate I-864 to cover different members of the household, depending on the specific case.
