Form I-864, Affidavit of Support Under Section 213A of the INA, is the form a sponsor completes for an immigrant, and the sponsor accepts legal responsibility for supporting that person. USCIS says all immediate relatives of U.S. citizens must submit it, and that certain family-preference relatives and some employment-based immigrants need one too. This guide explains who files it, what a joint sponsor is, how household size and income evidence work, and when the obligation ends, using USCIS pages.
What the I-864 is
The I-864 is filed by a sponsor, not by the immigrant. USCIS's I-864 page says "Most family-based immigrants and some employment-based immigrants use this form" and that the sponsor completes it for the immigrant. The sponsor is the person who accepts legal responsibility for supporting the immigrant.
Because the sponsor accepts legal responsibility, read the form instructions carefully before signing, and ask a licensed immigration attorney if you are unsure what you are agreeing to.
Who needs one
USCIS's affidavit of support page says: "All immediate relatives of U.S. citizens" must submit Form I-864. It describes immediate relatives as parents, spouses, and unmarried children under 21. Certain family-preference relatives and some employment-based immigrants also need one. USCIS lists an exception for immigrants who can be credited with 40 qualifying quarters of work.
Which category you are in depends on your case. Our pages on Form I-130 and Form I-485 explain how those forms fit together, and the form instructions list who must file an I-864.
Joint sponsors
USCIS defines a joint sponsor this way: "A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you." A joint sponsor does not have to be related to the immigrant, but must meet the income requirement on their own. USCIS says the joint sponsor's income cannot be combined with yours.
On the I-864 page, USCIS notes that joint sponsors, substitute sponsors, and relatives of an employment-based immigrant must provide proof of their U.S. citizenship, lawful permanent resident, or U.S. national status.
Household size
USCIS says: "Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring." Household size matters because the income requirement is based on it. The I-864 page also lists "Proof of each household member's residency in your household and relationship to you" among the evidence required when applicable.
Income evidence
The affidavit of support page says the sponsor must provide a copy of their U.S. federal income tax return for the most recent tax year, along with proof of current employment. If no return was required, an explanation is needed. The I-864 page asks for "A copy of your individual federal income tax return, including W-2s for the most recent tax year," plus every Form 1099 and other evidence of reported income. USCIS says that failing to provide the tax return, or evidence that you were not required to file, will delay action, and that if this information is not provided it will result in denial of an immigrant visa or adjustment of status.
Dollar amounts: use the official table
This article does not list income thresholds because they change. USCIS publishes them in Form I-864P, HHS Poverty Guidelines for Affidavit of Support. USCIS says to use those guidelines to complete the I-864, and they are organized by household size, with separate categories for sponsors on active duty in the armed forces who are petitioning for a spouse or child and for all other sponsors. Always use the current version on the I-864P page.
When the obligation ends
USCIS says the sponsorship obligation lasts "generally until they become U.S. citizens or are credited with 40 quarters of work." It also ends if the sponsor or the immigrant dies, or if the immigrant stops being a lawful permanent resident and leaves the United States. USCIS states that divorce does not end it. The exact conditions are in the form instructions and the contract language on the I-864 itself, so a sponsor with a specific question should ask an attorney.
What to read before you file
On the I-864 page, USCIS says: "If you are eligible to file Form I-864, review the "Where to File" and "Special Instructions" sections." The I-864 page also shows which edition of the form USCIS currently accepts, and says USCIS may reject a form with missing pages or pages from a different edition. Read both pages, the form instructions, and the current poverty guidelines form before the sponsor signs.
| Topic | Where USCIS explains it |
|---|---|
| Who must file and exceptions | Affidavit of Support page |
| Where to file and special instructions | Form I-864 page |
| Income guideline figures | Form I-864P |
If the sponsor's circumstances are complicated, for example if more than one sponsor is involved or the sponsor lives abroad, the form instructions and a licensed immigration attorney are the right places to look. This article does not cover those special cases.
Common questions
Who has to file an I-864?
USCIS says all immediate relatives of U.S. citizens must submit one, and that certain family-preference relatives and some employment-based immigrants also need one.
Can two people combine their incomes?
USCIS says a joint sponsor must meet the income requirement independently and that the joint sponsor's income cannot be combined with yours.
Does divorce end the obligation?
No. USCIS states that divorce does not end it.
Where do I find the income numbers?
In Form I-864P, which USCIS says to use to complete the I-864. We do not repeat the numbers because they are updated.
Official sources
- USCIS: Affidavit of Support
- USCIS: Form I-864, Affidavit of Support Under Section 213A of the INA
- USCIS: Form I-864P, HHS Poverty Guidelines for Affidavit of Support
GreenLight is not affiliated with USCIS or the U.S. government. This article is for informational purposes only and does not constitute legal advice.