When applying for a US Green Card under most family-based routes and some employment-based categories, the petitioner or another qualifying sponsor may need to file an affidavit of support on Form I-864. The form is the main way US immigration authorities check that the intending immigrant will have reliable financial backing in the United States.

The following practical guide to affidavits of support explains what Form I-864 is, when it is required and how it works in practice. It also looks at who can act as a sponsor, how income and assets are assessed and what the sponsor’s long-term financial responsibilities are once the green card is granted.

Section A: What is the I-864 Affidavit of Support?

When applying for a green card to live in the United States on a permanent basis, an affidavit of support is a written contract between the sponsor of the intending immigrant and the US Government. The sponsor is promising to maintain the sponsored person at a minimum income level so that the immigrant does not need to rely on means-tested public benefits. The obligation arises under sections 212(a)(4) and 213A of the Immigration and Nationality Act and it is legally enforceable in court by the sponsored immigrant or by a government agency that paid benefits.

Form I-864 is the specific version of the affidavit of support that US Citizenship and Immigration Services and the Department of State use in most family-based cases and in a limited set of employment-based cases. Through the form, the sponsor confirms that they meet the financial threshold, normally at least 125 percent of the applicable Federal Poverty Guidelines, or 100 percent where a qualifying sponsor on active duty in the US Armed Forces is sponsoring a spouse or child. The sponsor can rely on income, certain types of assets and, in some situations, income from qualifying household members to meet that standard.

The sponsor is usually the person who filed the immigrant petition for the intending immigrant, such as Form I-130, Petition for Alien Relative. In some employment-based cases, Form I-864 is also required where a family member filed Form I-140, Immigrant Petition for Alien Worker, or has a qualifying ownership interest in the petitioning business. In signing Form I-864, the sponsor is certifying the information under penalty of perjury, not before a notary, and is accepting a long-term financial commitment that continues after the green card is issued until one of the specific termination events in the law is met.

Section B: When is the I-864 Affidavit of Support Needed?

An affidavit of support on Form I-864 is required in most family-based green card cases and in a limited number of employment-based cases. In general, any intending immigrant who is coming to the United States for permanent residence as the relative of a US citizen or lawful permanent resident will need a sponsor to file Form I-864, unless an exemption applies. The obligation also extends to most derivative family members who will immigrate on the same petition.

The following individuals are required by law to submit a Form I-864 to obtain an immigrant visa or adjustment of status:

• All immediate relatives of United States citizens, including parents, spouses and unmarried children under 21
• Other relatives who qualify for immigration to the United States under the family-based preference categories
• Certain employment-based immigrants in cases where a US citizen or lawful permanent resident relative filed the immigrant visa petition, or where a US citizen or lawful permanent resident relative has a significant ownership interest of at least 5% in the petitioning business

When it comes to family-based green cards, these can include any one of the following preference categories:

• For first preference family-based green cards: unmarried sons and daughters aged 21 or over of US citizens
• For second preference family-based green cards: spouses and children, who are unmarried and under 21 years old, of lawful permanent residents and certain unmarried adult sons and daughters of lawful permanent residents
• For third preference family-based green cards: married sons and daughters of US citizens, together with their spouses and unmarried minor children
• For fourth preference family-based green cards: brothers and sisters of US citizens aged 21 years or more, together with their spouses and unmarried minor children

I-864 is not required in every immigrant visa or green card case. The law and USCIS guidance set out specific categories where the intending immigrant does not need a Form I-864 from a sponsor. Instead, the applicant either files a different form, such as Form I-864W, or proceeds without any affidavit of support requirement under section 213A of the Immigration and Nationality Act.

Common situations where an I-864 affidavit of support is not needed include the following:

• Where the intending immigrant can be credited with at least 40 qualifying quarters of work in the United States, counted through their own work record and, in some cases, the work history of a spouse or parent
• Where the intending immigrant is the child of a US citizen and will automatically acquire US citizenship upon admission as a permanent resident under the Immigration and Nationality Act
• Where the applicant is a self-petitioning widow or widower of a US citizen
• Where the applicant is a qualifying self-petitioning battered spouse or child under the Violence Against Women Act provisions
• Where the applicant is immigrating in certain humanitarian or special immigrant categories that are not subject to the affidavit of support rules, such as refugees and asylees who are adjusting status, some special immigrant juveniles and certain Afghan or Iraqi special immigrant cases
• Where the applicant is a Diversity Visa immigrant, who may instead be asked to show financial support through Form I-134 or other evidence at the consular interview

In exemption cases, the intending immigrant usually files Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support, instead of Forms I-864, I-864A or I-864EZ. It is also important to distinguish Form I-864 from Form I-134, Affidavit of Support, which is a different and less formal sponsor statement used in some nonimmigrant and Diversity Visa contexts. I-134 does not create the same long-term, enforceable financial obligation that applies when a sponsor signs Form I-864.

Section C: Who can Provide an Affidavit of Support?

The person who completes and signs the affidavit of support to become the sponsor of the intending immigrant is usually the petitioner who filed the immigrant petition. The sponsor has to be at least 18 years old and either a US citizen or a lawful permanent resident with a domicile in the United States or in a US territory or possession. Only individuals, not companies or organizations, can sign Form I-864.

The requirement to be US-domiciled generally means that the sponsor lives in the United States as their principal residence. However, a sponsor who is currently living abroad may still qualify if they can show that their residence abroad is temporary and that they have maintained a US domicile, or that they will re-establish domicile in the United States no later than the time the sponsored immigrant is admitted as a permanent resident. This can involve showing plans such as a US job offer, a lease or property in the United States, or other concrete steps to resume residence there.

Where the petitioning sponsor does not meet the income threshold on their own, or where the original petitioner has died but USCIS allows the immigrant petition to continue, the law permits the use of joint sponsors and substitute sponsors in certain cases. These additional sponsors take on the same legal and financial obligations as the petitioning sponsor under the affidavit of support rules.

• Joint sponsor. A joint sponsor is a separate individual who is willing to accept financial responsibility for supporting the intending immigrant. A joint sponsor must be at least 18 years old, a US citizen or lawful permanent resident and domiciled in the United States or a US territory or possession. The joint sponsor does not have to be related to the immigrant. A joint sponsor has to meet the full 125 percent income requirement for their own household size without combining income with the petitioning sponsor, although they can use qualifying household member income through a Form I-864A. In some cases, there can be up to two joint sponsors if more than one immigrant is immigrating on the same petition.
• Substitute sponsor. A substitute sponsor is used where the original visa petitioner has died after approval of the immigrant petition and USCIS agrees to allow the petition to be reinstated for humanitarian reasons. The substitute sponsor files Form I-864 in place of the deceased petitioner and must be a qualifying relative of the intending immigrant, such as a spouse, parent, mother- or father-in-law, child aged 18 or over, son or daughter, son- or daughter-in-law, sibling, sister- or brother-in-law, grandparent, grandchild or legal guardian. They must also be a US citizen or lawful permanent resident, at least 18 years of age, domiciled in the United States and able to meet the income requirements that apply to sponsors under the Immigration and Nationality Act.

In all cases, any person who signs Form I-864 as a sponsor, joint sponsor or substitute sponsor is taking on a long-term and enforceable obligation. They are agreeing that they are responsible for maintaining the intending immigrant at the required income level and, in some circumstances, reimbursing government agencies for certain means-tested public benefits paid to the sponsored person. Household members who sign Form I-864A to make their income or assets available also take on joint and several liability for these obligations.

Section D: Income Requirements for Affidavits of Support

In addition to meeting the age, status and domicile requirements, a proposed sponsor, joint sponsor or substitute sponsor needs to show that their income is high enough to support the intending immigrant. In most cases this means showing that the household income is at least 125 percent of the Federal Poverty Guidelines for the relevant household size. For qualifying sponsors on active duty in the United States Armed Forces who are sponsoring a spouse or child, the threshold is 100 percent of the guidelines.

The sponsor’s household size includes the sponsor, their spouse, any unmarried children under 21 who live with them, anyone else claimed as a dependent on the sponsor’s most recent federal income tax return and every immigrant being sponsored on Form I-864. Where the sponsor is also signing an affidavit of support for other immigrants, or has sponsored people in the past who have not yet become citizens or met another terminating event, those individuals may also need to be counted in the household size calculation.

To check whether their income meets the required level, sponsors are directed to Form I-864P, HHS Poverty Guidelines for Affidavit of Support. The poverty guideline figures are normally updated each year. Sponsors should use the most recent version of Form I-864P that applies at the time the affidavit of support is signed or, for consular cases, at the time the National Visa Center reviews the financial evidence.

Not all income will qualify. The focus is on taxable income that is likely to continue after the intending immigrant becomes a lawful permanent resident. Salary or wages from US employment, taxable pension income and stable self-employment income can often be counted. Foreign income can sometimes be included, but only if it is coming from a source that will continue after the sponsor moves or after the intending immigrant acquires permanent residence, for example a remote role with a US or foreign employer that has confirmed ongoing employment.

Self-employed sponsors need to show that their business income is real and ongoing, usually through IRS tax transcripts and supporting accounts. Large swings in income from year to year, or recent losses, can raise questions about whether the current income is high enough to meet the affidavit of support standard. If the sponsor was not required to file a tax return for a particular year, they are expected to explain why and to provide other evidence of income where available.

If the sponsor does not meet the minimum income requirement using earned income alone, there are several ways to try to bridge the gap. One option is to add the cash value of assets owned by the sponsor, the intending immigrant or certain household members. To be counted, an asset needs to be readily convertible to cash within one year and without significant hardship or financial loss. Common examples include savings and checking account balances, certificates of deposit, publicly traded stocks, bonds and mutual funds, and in some cases equity in real estate.

When assets are used, only the net value after any loans or liens is relevant. The total net value then has to be high enough to make up the difference between the sponsor’s income and the applicable poverty guideline. The law applies different multipliers depending on the relationship between the sponsor and the immigrant. In most family-based cases, the assets usually need to be worth at least five times the income shortfall. Where a US citizen is sponsoring a spouse or child, assets generally need to be worth at least three times the shortfall. For certain orphans being adopted by US citizens, assets equal to the shortfall can be enough.

The sponsor may also be able to count the income and assets of household members who are related to them by birth, marriage or adoption. To do this, the sponsor needs to show that the household member either lives at the same address or is listed as a dependent on the sponsor’s most recent federal income tax return. The household member who is making income or assets available completes Form I-864A, Contract Between Sponsor and Household Member, to confirm that commitment and to accept joint and several liability for the support obligations.

In some situations, the intending immigrant’s own income can be included if it is coming from a lawful source and will continue after they acquire permanent residence, for example where they are already working in the United States with valid employment authorization. The intending immigrant’s assets can also be counted, particularly where they have savings or investments in their own name. Where the intending immigrant has accompanying family members, and their income or assets are being used to support those relatives, they may also need to sign Form I-864A.

Section E: I-864 Affidavit of Support Process

The sponsor completes Form I-864 when the green card case reaches the financial evidence stage. In consular processing cases, the National Visa Center normally sends a request for the affidavit of support and supporting documents after the immigrant petition is approved and the case becomes documentarily qualified. For applicants filing for adjustment of status inside the United States, Form I-864 is submitted together with Form I-485 or in response to a request from USCIS if the petition and the adjustment application were filed separately.

Form I-864 has to be completed accurately and signed under penalty of perjury. The form does not require notarization. Sponsors certify that the information provided is true and that they understand the financial responsibilities that arise once the intending immigrant becomes a lawful permanent resident. Errors in the form, or gaps in the evidence, can delay the case or result in a request for further evidence. Persistent deficiencies can lead to the case being refused.

When preparing the affidavit, the sponsor has to provide their federal income tax return for the most recent tax year. USCIS and the Department of State usually prefer IRS tax transcripts, although full returns can be accepted. If the sponsor was not required to file a federal tax return for the most recent year, they need to provide a written explanation and any available evidence of income. Sponsors can also provide wage statements, proof of current employment, bank statements showing asset balances and other supporting evidence where these are needed to meet the financial threshold.

For consular processing, the completed Form I-864, with evidence, is uploaded to the National Visa Center through the designated online portal unless the case has been marked for direct consular filing. The National Visa Center reviews the financial evidence and either accepts it or issues a checklist requesting corrections or additional documentation. The consular officer then reviews the affidavit again at the immigrant visa interview. For adjustment of status cases inside the United States, USCIS reviews Form I-864 during adjudication of the Form I-485. Officers commonly request updated financial evidence where income has changed or where the affidavit is several months old at the point of decision.

A sponsor who relies on assets to meet the financial standard needs to include clear documentary proof showing ownership, valuation and any liens or obligations. For real estate, recent appraisals and mortgage statements may be required. Where a household member’s income or assets are being included, Form I-864A has to be fully completed and signed. It is also important that the information across all financial forms is consistent, because discrepancies in income figures, tax filings or address history can lead to questions about the reliability of the evidence.

Once the affidavit of support and supporting documents are accepted, the financial eligibility element of the green card case is treated as satisfied. However, if circumstances change before the immigrant visa is issued or before USCIS adjudicates the I-485, the officer can request updated evidence to make sure the sponsor still meets the financial standard at the time of decision.

Section F: Form I-864 Versions

In most cases, the petitioning sponsor completes the standard version of Form I-864, which is available on the USCIS website. The standard form is used whenever the sponsor’s situation does not fit within the narrow rules for the shorter I-864EZ or where household member income or joint sponsors are involved. It is also the form used by joint sponsors and substitute sponsors, even where the underlying petition is based on Form I-130 or Form I-140.

Form I-864A, Contract Between Sponsor and Household Member, is used when the sponsor is counting the income or assets of qualifying household members to reach the required financial threshold. Each household member who is making income or assets available signs a separate Form I-864A. That signature confirms that the household member will share legal responsibility for supporting the intending immigrant and for reimbursing certain means-tested public benefits if required by law.

Form I-864EZ, Affidavit of Support Under Section 213A of the Act, is a shorter version of the standard I-864 designed for straightforward family cases that meet all of the following conditions:

• The sponsor is the person who filed or is filing Form I-130, Petition for Alien Relative
• The relative being sponsored is the only person listed on Form I-130 and there are no accompanying or following-to-join family members immigrating on the same petition
• The income being used to qualify is based entirely on the sponsor’s salary or pension, as shown on one or more IRS Forms W-2 or similar wage statements, without the need to rely on assets or household member income

If any of these conditions is not met, the sponsor needs to use the full Form I-864 instead of Form I-864EZ. The standard I-864 is required where the sponsor is using assets, where there are derivative family members, where there is a joint sponsor or household member income, or where the underlying petition is based on Form I-140. The standard form is also used whenever a substitute sponsor is stepping in because the original petitioner has died and USCIS has agreed to reinstate the petition for humanitarian reasons.

For intending immigrants who are exempt from the affidavit of support requirement under section 213A of the Immigration and Nationality Act, the correct form is usually Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support. This includes applicants who can be credited with at least 40 qualifying quarters of work in the United States, certain children of US citizens who will automatically acquire citizenship upon admission as permanent residents, and qualifying widow(er) and VAWA self-petitioners. Filing Form I-864W tells USCIS or the consular officer that no I-864 is required in that case.

Form I-864 should also be kept distinct from Form I-134, Affidavit of Support, which is often used in nonimmigrant and Diversity Visa cases. I-134 is a different document that does not create the same level of long-term financial obligation and is not a substitute for Form I-864 where the statute or regulations require a formal affidavit of support for immigrant cases.

Section G: How Long is Form I-864 Valid For?

When a sponsor signs an affidavit of support on Form I-864, they are accepting a long-term financial obligation that does not automatically end when the green card is issued. The sponsor’s responsibility continues until one of the specific terminating events in the law occurs. Until then, the sponsor remains liable for maintaining the sponsored immigrant at the required income level and can be pursued for reimbursement of certain means-tested public benefits paid to the immigrant.

In most cases, the sponsorship obligation will end when the sponsored immigrant becomes a US citizen or when they are credited with 40 qualifying quarters of work in the United States for Social Security purposes. A qualifying quarter usually represents a three-month period of covered work. The immigrant can sometimes count quarters earned by a spouse during the marriage or by a parent before the immigrant turned 18, although quarters already used to qualify another immigrant cannot be counted again. Careful analysis is often needed where work history has been built up through more than one family member.

The obligation also comes to an end if either the sponsor or the sponsored immigrant dies, or if the immigrant ceases to be a lawful permanent resident and permanently leaves the United States. It is important to note that the sponsor’s financial responsibility does not end just because the sponsor and the immigrant divorce. A sponsor who signed Form I-864 for a spouse remains bound by the contract until one of the statutory terminating events occurs, even if the marriage later breaks down.

During the period when the affidavit is in force, federal, state and some local agencies can consider the sponsor’s income and resources when deciding whether the sponsored immigrant qualifies for means-tested public benefits. If the immigrant receives covered benefits and an agency decides to seek reimbursement, the agency can demand repayment from the sponsor and, if necessary, can file a lawsuit to recover the funds. Any joint sponsor and any household member who signed Form I-864A can also be held jointly and severally liable for the full amount. The obligation can remain enforceable even if the sponsor’s finances deteriorate or if the sponsor files for bankruptcy.

Section H: Form I-864 Processing Time

There is no separate, stand-alone processing time for Form I-864. The affidavit of support is one part of the overall green card case and is reviewed as part of immigrant visa or adjustment of status processing. How long it takes therefore depends on whether the case is going through consular processing with the National Visa Center and a US consulate, or through USCIS as an adjustment of status application inside the United States.

For consular processing cases, the National Visa Center usually reviews Form I-864 and the supporting financial evidence after the immigrant petition has been approved and the required fees have been paid. The time it takes the National Visa Center to review and accept the affidavit can vary depending on case volumes and how complete the documents are, but it is typically measured in weeks rather than days. If the National Visa Center issues a checklist or requests additional evidence, the review period will extend until the requested documents are provided and accepted.

For applicants filing for adjustment of status, USCIS reviews Form I-864 as part of the Form I-485 adjudication. The affidavit is normally submitted with the I-485 packet or in response to a specific notice from USCIS. In these cases, the practical processing time for the I-864 aligns with the overall I-485 processing time at the relevant USCIS field office or service center. If the officer decides that updated financial information is needed, they may issue a Request for Evidence asking for more recent tax transcripts, pay statements or other proof before making a decision on the green card application.

In both consular and adjustment cases, the main timing risk comes from errors or gaps in the affidavit or supporting documents. Missing tax returns, unclear income figures, inconsistent household size or unsigned forms will all trigger further questions and can delay the case significantly. A carefully prepared Form I-864 package that anticipates questions about income, assets and domicile is the best way to avoid unnecessary processing delays.

Section I: Form I-864 Affidavit of Support Fee

There is no separate filing fee payable to USCIS for Form I-864 when it is submitted with a green card application inside the United States. In adjustment of status cases, the cost of reviewing the affidavit of support is covered within the overall filing fee that applies to Form I-485. Sponsors should still treat the financial evidence as a critical part of the case, even though there is no stand-alone I-864 charge for USCIS filings.

For consular processing cases handled through the National Visa Center, the Department of State charges an Affidavit of Support Review fee for most family-based and certain employment-based cases that require Form I-864. That fee is currently set at a fixed amount per case, not per sponsor, and is paid through the online Consular Electronic Application Center before the National Visa Center will review the financial documents. Separate immigrant visa application processing fees also apply for each intending immigrant.

There are limited situations where the Affidavit of Support Review fee is not charged. For example, when the immigrant petition and subsequent affidavit of support are both filed and processed directly at a US embassy or consulate abroad under specific direct consular filing rules, there is no National Visa Center review and no separate domestic affidavit of support fee. In cases where an intending immigrant is exempt from the affidavit of support requirement, such as applicants who can be credited with 40 qualifying quarters or certain children who will automatically acquire US citizenship on entry, there is no I-864 fee because no I-864 is required.

Sponsors and applicants should always check the latest Department of State fee schedule and any National Visa Center instructions for the current Affidavit of Support Review fee and for guidance on how and when to pay it as part of consular processing.

Section J: Summary

The I-864 Affidavit of Support sits at the heart of many family based green card applications and some employment based cases because it shifts financial responsibility to the sponsor on a long term basis. The form is more than a checklist exercise. It is a binding contract that can be enforced in court and that can affect both the progress of the green card case and the sponsor’s own financial exposure for years afterwards.

For sponsors, the key issues are meeting the required income or asset level, choosing the correct version of the form, handling joint or household sponsors properly and dealing with domicile where they live or work outside the United States. For applicants, the focus is on making sure the right sponsor is chosen, that the information across the petition, green card forms and I-864 is consistent and that financial weaknesses are identified early rather than at interview.

Careful planning, accurate figures and well prepared evidence make the difference between a smooth I-864 stage and a case that stalls on financial grounds.

Section K: Need Assistance?

NNU Immigration are US visa and nationality specialists. For expert guidance from our US attorneys, contact us.

Section L: Form I864 FAQs

What is an affidavit of support?

An affidavit of support is a legally enforceable contract in which the proposed sponsor of someone applying for permanent residency in the United States agrees to use their own financial resources to support the individual named in the affidavit. For most family-based cases and some employment-based cases, this is done on Form I-864, which is required under the Immigration and Nationality Act for certain immigrant categories.

What does I-864 mean?

Form I-864 is the Affidavit of Support Under Section 213A of the Immigration and Nationality Act. It is used by the sponsor of an intending immigrant to show that the applicant will have adequate financial support and should not need to rely on means-tested public benefits after becoming a lawful permanent resident.

What is the difference between I-864 and I-485?

Form I-864 is the affidavit of support completed and signed by a qualifying sponsor to show they meet the financial sponsorship requirements. Form I-485, Application to Register Permanent Residence or Adjust Status, is the form the intending immigrant uses inside the United States to apply for a green card. Many family-based adjustment cases will include both forms in the same filing, but they serve different purposes and are decided under different legal tests.

Should I file I-130 and I-864 together?

Whether Form I-130 and Form I-864 are filed together depends on how the case is being processed. In most consular processing cases, Form I-130 is filed and approved first, then the National Visa Center later requests Form I-864 and financial evidence. Where an applicant is filing for adjustment of status in the United States and is eligible to file concurrently, Form I-130, Form I-485 and Form I-864 are often submitted in one combined package so that USCIS can consider the petition, the green card application and the financial sponsorship at the same time.

What is the difference between I-864P and I-864?

Form I-864P is the HHS Poverty Guidelines document that lists the minimum income levels sponsors need to meet, based on household size and location. Form I-864 is the actual affidavit of support that the sponsor completes and signs to confirm they meet or exceed those income thresholds, or that they can reach the required level through a combination of income and qualifying assets.

Section M: Glossary

Section N: Additional Resources