Form I-864 Guide: Affidavit of Support Requirements

Immigration applications often require Form I-864. Learn who must file, who can be a petitioner, and the requirements to be an immigrant’s financial sponsor.

How Form I-864 Supports Your Immigration Application

Many immigrants who file for a visa or adjustment of status must include Form I-864, Affidavit of Support, with their applications. This form plays a central role in immigration applications, because it shows that the applicant has reliable financial support. If USCIS finds the form insufficient, the applicant can be considered likely to become dependent on government resources, and they will be deemed inadmissible on public charge grounds.

Careful preparation matters to avoid delays or denial of your immigration application. Understanding Form I-864 and how to prepare it correctly can help you avoid setbacks in your case.

What Is Form I-864?

Form I-864, Affidavit of Support, is a contract used in many family-based and some employment-based immigration cases. The petitioner who signs it agrees to support the intending immigrant financially as their sponsor. This affidavit is legally binding between the petitioner and the U.S. government.

Section 213A of the Immigration and Nationality Act (INA) requires a legally enforceable affidavit of support. Congress added this requirement through the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and the Personal Responsibility and Work Opportunity Reconciliation Act, passed in 1996.

Why Does USCIS Require Form I-864?

Form I-864 is designed to reduce the risk that immigrants will need to rely on public benefits. USCIS uses the form to confirm that the immigrant will have adequate financial support from a qualified sponsor while they are in the United States. The sponsor’s obligation generally ends when the immigrant either becomes a U.S. citizen or earns 40 qualifying quarters of work (about 10 years).

Requirements to Be a Form I-864 Sponsor

Sponsors must be at least 18 years old, either a U.S. citizen or a permanent resident, and a relative or spouse of the applicant. They must also live in the United States or a U.S. territory. (A sponsor may still be eligible if they live abroad, if they can show the residence is temporary.)

The sponsor needs to show household income at or above 125% of the Federal Poverty Guidelines for their household size. Active-duty members of the U.S. Armed Forces sponsoring a spouse or child must show income at or above 100% of the threshold. Household size includes:

• The sponsor
• Dependents
• Relatives living in the household
• The immigrant(s) being sponsored

If a sponsor does not meet the income requirements, a joint sponsor may be included if they meet the 125% income requirement independently. A joint sponsor must meet all the same requirements as the petitioner, except for being related to the immigrant. For current guidance, visit the USCIS website. 

Who Must Submit Form I-864?

Immediate Relatives and Family-Sponsored Immigrants

Immigration applications based on a qualifying family relationship must submit Form I-864 unless an exception applies. This includes:

• Parents, spouses, and unmarried children (under 21) of U.S. citizens
• Unmarried sons and daughters (21 or older) of U.S. citizens
• Spouses and children of lawful permanent residents
• Married sons and daughters of U.S. citizens
• Siblings of adult U.S. citizens

Certain Employment-Based Immigrants

Most employment-based visas or adjustments of status do not require Form I-864. Applicants seeking Legal Permanent Resident status based on employment may be required to file the form in limited situations, such as when:

• A relative filed the employment-based petition, or
• A relative owns a significant interest in the petitioning business

K-1 and K-2 Visa Holders

If you entered the U.S. on a K-1 fiancé(e) visa, or a K-2 visa as an unmarried child of a K-1 applicant, and apply for adjustment of status, you must submit Form I-864. Without it, you may be found inadmissible under the public charge ground unless an exception applies. If the marriage between the K-1 beneficiary and the petitioner ends, that does not end your eligibility for adjustment of status.

Spouses and Children of Principal Applicants

If a spouse or child is considered “accompanying” or “following-to-join” a principal applicant who is required to submit Form I-864, each derivative applicant needs their own Form I-864.

T Visa, U Visa, VAWA, and Certain “Qualified Alien” Immigration applications

In general, T and U Nonimmigrants, VAWA Self-Petitioners, and Certain “Qualified Alien” victims are not subject to inadmissibility on public charge grounds. However, Form I-864 may still be required in certain employment-based cases if:

• A relative filed the petition, or
• A relative owns at least 5% of the petitioning entity

Who Is Exempt from Filing Form I-864?

Some applicants are exempt from the Form I-864 requirement. This is separate from whether they are exempt from the public charge ground of inadmissibility. An officer may still make an inadmissibility determination for an applicant who is exempt from the Form I-864 filing requirement unless the alien is also exempt from the public charge ground of inadmissibility.

For detailed categories, see: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-6

An Immigration Attorney Can Help You File

Small errors, such as incorrect income calculations, missing evidence, or an incomplete household size, can delay or derail an application. An immigration attorney can confirm whether Form I-864 is required in your case, identify when your petitioner will need a joint sponsor, and ensure supporting documents meet USCIS standards. Review your application with an immigration attorney before you file for the best chance of success.

FAQs:

1. Can an I-864 sponsor use assets instead of income to meet the minimum Federal Poverty Guidelines?

Yes, if the sponsor’s income does not meet the guidelines, they can include the value of assets to cover the difference. The total net value of assets, minus any liens and liabilities, must equal five times the difference between the sponsor’s income and the minimum Federal Poverty Guidelines. The assets must be easily convertible into cash within one year without significant hardship or financial loss, such as savings, stocks, bonds, and property.

2. Can a sponsor withdraw Form I-864?

Form I-864 can be withdrawn before USCIS approves the visa, permanent residency, or adjustment of status. Withdrawal must be submitted in writing to USCIS. Once the immigration application is approved, the affidavit of support becomes a legally binding contract that cannot be withdrawn until the beneficiary becomes a U.S. citizen, meets the 40-quarter work requirement, leaves the U.S. permanently, or passes away. If the sponsor is the immigrant’s spouse, divorce does not remove the sponsorship obligation unless marriage fraud can be proven.

3. When does a sponsor need to file Form I-864?

The sponsor should complete Form I-864 when the beneficiary has been scheduled for an immigrant visa interview or when they are about to submit an application for adjustment to permanent resident status. Once the form and supporting income documentation are prepared, the sponsor can give the beneficiary the packet of information to submit along with their application.