The Affidavit of Support is a cornerstone of many family and some employment-based immigration applications to the United States. Form I-864, issued by U.S. Citizenship and Immigration Services (USCIS), is designed to ensure that immigrants have adequate financial support and will not become reliant on public benefits. By signing this form, a sponsor legally commits to providing financial support to the intending immigrant if necessary.
What this article is about
This guide explains the I-864 Affidavit of Support in detail. It covers its purpose, who is required to complete it, the financial thresholds that must be met (including how assets can be used and the orphan adoption exception), how joint sponsorship and household member contributions work, and the binding obligations sponsors take on when signing. It also addresses common questions sponsors and applicants often ask when preparing the form and clarifies procedures such as how and when an affidavit may be withdrawn.
Section A: What is Form I-864?
Form I-864, Affidavit of Support, is a legally enforceable document required in many U.S. immigration cases. Its purpose is to show that the intending immigrant will have adequate financial backing once they arrive in the United States, and that they will not become a financial burden on the U.S. government. By signing, the sponsor agrees to maintain the immigrant at a minimum income level defined under U.S. law.
1. Purpose of the affidavit in U.S. immigration
The affidavit serves as evidence that the immigrant has a financial safety net. It allows U.S. immigration authorities to approve visas and green card applications with confidence that the immigrant will not rely on public assistance programs. Without the affidavit, many family-based immigrants would not be eligible to enter or remain in the U.S.
2. Who must submit the form (sponsors and petitioners)
The primary sponsor is usually the petitioner—the U.S. citizen or lawful permanent resident who filed the immigrant petition (Form I-130 or similar). Submission of the I-864 is mandatory for most family-based immigration cases and certain employment-based cases where a U.S. citizen or resident relative has a significant ownership interest in the sponsoring business.
3. Difference between I-864 and other affidavit forms (I-134, I-864EZ, I-864W)
Several affidavit forms exist, and each has a specific use:
- Form I-134: Used primarily for temporary visitors and some nonimmigrant cases. It is less binding than I-864.
- Form I-864EZ: A shorter version of I-864, available only if the sponsor meets strict eligibility criteria (for example, only one intending immigrant and income alone is sufficient to qualify).
- Form I-864W: A waiver form that applies if the intending immigrant is exempt from the affidavit requirement, such as when they have already earned sufficient work credits in the U.S.
4. Legal effect of signing the I-864
Signing Form I-864 creates a legally binding contract between the sponsor and the U.S. government. This contract is enforceable in court, meaning the government or the sponsored immigrant may sue the sponsor if financial obligations are not met. The obligations remain in force until specific termination conditions are met, which are discussed later in this article.
Section A Summary
Form I-864 is central to many U.S. immigration cases. It is not a mere administrative form but a binding contract requiring sponsors to provide financial support. It differs from other affidavit forms in its scope and enforceability, and sponsors should understand its implications before signing.
Section B: Financial Requirements for Sponsors
For the I-864 to be valid, the sponsor must meet certain financial criteria. These requirements are set by law to ensure that the sponsor has the means to support the intending immigrant at a minimum level and prevent the immigrant from relying on public benefits.
1. Minimum income threshold (Federal Poverty Guidelines)
The sponsor must demonstrate an annual income at or above 125% of the Federal Poverty Guidelines for their household size. These guidelines are updated annually by the U.S. Department of Health and Human Services. If the sponsor is on active duty in the U.S. military and sponsoring their spouse or child, the requirement is reduced to 100% of the poverty level.
2. How to calculate household size for eligibility
Household size is a critical factor in determining the required income level. It includes:
- The sponsor
- The sponsor’s spouse and dependent children
- Any other dependents listed on the sponsor’s tax return
- The intending immigrant(s) being sponsored
- Any other persons the sponsor has previously sponsored and is still financially responsible for
A larger household size increases the income requirement.
3. Using assets to meet the requirement
If the sponsor’s income does not reach the required threshold, assets may be used to make up the difference. Assets may include savings, stocks, bonds, or property. Generally, the value of assets must be at least five times the income shortfall. For U.S. citizen sponsors of a spouse or child, the requirement is three times the shortfall. For certain employment-based cases, assets only need to equal the income shortfall. When sponsoring an orphan being adopted, assets need only equal the shortfall as well.
4. Special rules for active-duty military sponsors
Sponsors serving on active duty in the U.S. armed forces face a lower income threshold if sponsoring a spouse or child: they only need to meet 100% of the poverty guidelines. This exception recognises the unique service of military families and reduces barriers to family reunification.
Section B Summary
To qualify as a sponsor, an individual must show they meet or exceed the financial thresholds set by federal guidelines. Household size and income levels are central to this determination, with assets providing an alternative if income falls short. Military sponsors may benefit from reduced requirements, but all sponsors must be prepared to provide clear evidence of financial capability.
Section C: Joint Sponsors and Household Members
Not all petitioners can meet the financial requirements of Form I-864 on their own. In such cases, U.S. immigration law allows for the use of joint sponsors or household members to help meet the threshold. These additional sponsors take on the same legally binding obligations as the primary sponsor.
1. When a joint sponsor is needed
A joint sponsor is typically required when the primary sponsor does not meet the minimum income or asset requirement. For example, if the petitioner earns below 125% of the Federal Poverty Guidelines and does not have sufficient assets, a joint sponsor can step in to meet the requirement.
2. Eligibility rules for joint sponsors
To serve as a joint sponsor, an individual must:
- Be a U.S. citizen, lawful permanent resident, or U.S. national
- Be at least 18 years old
- Reside in the United States or its territories
- Meet the income requirement independently, without relying on the primary sponsor’s income or assets
Only two joint sponsors are permitted per immigrant case. Each joint sponsor must independently meet the full income requirement for the immigrant(s) they agree to sponsor. In cases with multiple intending immigrants, one joint sponsor can cover certain applicants while another covers the rest, provided that every immigrant has a qualifying sponsor.
3. Responsibilities of household members (Form I-864A)
Household members may also contribute their income or assets by completing Form I-864A. A household member must live at the same address as the sponsor and be related by birth, marriage, or adoption. This allows the combined income of the household to meet the threshold. Household members who sign I-864A are also legally bound to support the immigrant.
4. Risks and obligations shared with co-sponsors
Both joint sponsors and household members share the same obligations as the primary sponsor. Their responsibility continues until the sponsorship contract terminates, regardless of changes in circumstances such as divorce or separation. This means a joint sponsor could be held financially liable even if the primary sponsor is unwilling or unable to fulfil their duties.
Section C Summary
When a petitioner cannot meet the I-864 financial criteria alone, joint sponsors or household members can step in. Both options come with serious, enforceable obligations. Sponsors must weigh the risks carefully before agreeing to co-sponsor an immigrant, as liability lasts until specific legal termination conditions are satisfied.
Section D: Sponsor Obligations and Enforcement
Signing Form I-864 is more than a formality; it is a binding legal commitment enforceable under U.S. law. Sponsors, including joint sponsors and household members who sign, take on obligations that last well beyond the initial visa or green card approval. Understanding the scope and duration of these obligations is essential before signing.
1. Duration of support obligations
The sponsor’s obligations continue until one of the following events occurs:
- The sponsored immigrant becomes a U.S. citizen
- The sponsored immigrant earns 40 qualifying quarters of work (approximately 10 years) under the Social Security system
- The immigrant permanently leaves the United States
- The immigrant dies
- The sponsor dies (this ends only that sponsor’s obligation; co-sponsors or household members remain bound)
Importantly, divorce does not end the sponsorship obligation. Even if the relationship ends, the sponsor remains legally responsible until one of the above conditions is met.
2. Government enforcement of sponsor liability
If the sponsored immigrant receives certain means-tested public benefits, the government agency providing assistance may seek reimbursement from the sponsor. The immigrant may also bring a civil lawsuit against the sponsor if financial support falls below the required level. Courts have consistently upheld the enforceability of the I-864 as a contract.
3. How divorce or separation affects obligations
Sponsors often assume that divorce will end their liability, but this is not the case. Unless the immigrant becomes self-sufficient or meets one of the termination conditions, the sponsor remains obligated to provide support even after the marital relationship ends.
4. Withdrawing an affidavit before approval
Sponsors may withdraw Form I-864, but only before USCIS or the Department of State approves the immigrant’s visa or adjustment of status application. Withdrawal must be made in writing and received by USCIS or the National Visa Center before a final decision is issued. Once the affidavit has been accepted and the immigrant becomes a permanent resident, the obligations are binding and cannot be revoked unilaterally.
Section D Summary
The I-864 Affidavit of Support creates lasting legal responsibilities. Sponsors must be aware that their liability continues until specific legal triggers are met and that divorce or personal disputes do not end their obligations. Withdrawal is possible only at an early stage; once approved, the commitment is enforceable by both government agencies and the immigrant.
FAQs
Do I need to notarise Form I-864?
No. The I-864 does not need to be notarised. However, it must be signed under penalty of perjury and submitted with all required supporting documents, such as tax returns and proof of income.
Can assets outside the U.S. be counted?
Yes, assets located abroad may be used, but the sponsor must demonstrate that these assets can be converted into cash within 12 months and transferred lawfully to the United States. Evidence of ownership and valuation is required.
What happens if my income is not high enough?
If your income alone does not meet the required level, you can rely on assets, include a household member’s income using Form I-864A, or obtain a joint sponsor who meets the requirements independently.
Does Form I-864 expire?
The form itself does not have a strict expiration date once signed and accepted, but the poverty guidelines used to determine eligibility are updated annually. Sponsors must use the most current guidelines at the time of filing.
Is a sponsor still responsible if the immigrant works and supports themselves?
Yes. Even if the immigrant becomes self-sufficient, the sponsor remains legally liable until one of the termination conditions applies, such as naturalisation or reaching 40 qualifying quarters of work.
What supporting documents must be submitted with Form I-864?
Sponsors must usually provide their most recent federal income tax return (Form 1040), W-2s or 1099s, and proof of current income such as recent pay stubs or an employment verification letter. Where assets are used, evidence of ownership and valuation must also be included.
Conclusion
The I-864 Affidavit of Support is one of the most significant legal documents in the U.S. immigration system. It ensures that immigrants entering the country have a financial safety net and will not rely on public benefits. For sponsors, it represents a serious legal commitment, enforceable by both government agencies and the immigrant.
Sponsors must fully understand the income requirements, the role of assets (including the adoption and employment-based exceptions), and the potential involvement of joint sponsors or household members. They should also recognise that their obligations last for years and are not ended by divorce or personal disputes.
For intending immigrants, the affidavit is often the key to securing lawful permanent residency. For sponsors, it is a binding promise to the U.S. government. Careful preparation, accurate financial evidence, and awareness of legal consequences are all vital to completing the I-864 correctly and responsibly.
Glossary
| Affidavit of Support | A legally enforceable contract signed by a sponsor to provide financial support to an immigrant. |
| Household Size | The number of people counted for poverty guideline purposes, including the sponsor, dependents, and intending immigrant(s). |
| Federal Poverty Guidelines | Annual income thresholds set by the U.S. Department of Health and Human Services that determine minimum financial eligibility. |
| Form I-864A | Contract between a sponsor and a household member combining income to meet financial requirements. |
| Joint Sponsor | A separate individual who meets the income threshold independently and agrees to share legal responsibility for supporting the immigrant. |
| 40 Qualifying Quarters | Ten years of work under the Social Security system, after which a sponsor’s obligations can end. |
| Form I-864W | A waiver form available when the intending immigrant is exempt from the Affidavit of Support requirement, such as when they have earned 40 qualifying quarters or are children who will automatically acquire U.S. citizenship. |
Useful Links
| USCIS Form I-864 Affidavit of Support | USCIS I-864 Form and Instructions |
| Federal Poverty Guidelines | HHS Poverty Guidelines |
| Department of State Visa Process | U.S. State Department – Immigrant Visa Process |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.