The U.S. immigration system requires many intending immigrants to have a qualified financial sponsor who guarantees the immigrant will not rely on means-tested public benefits. That guarantee is formalised through the Affidavit of Support, most commonly filed on Form I-864. By signing, the sponsor enters a legally enforceable contract with the U.S. Government for the benefit of the immigrant, accepting a duty to maintain the immigrant at not less than 125% of the Federal Poverty Guidelines, subject to limited statutory exceptions.
What this article is about: This guide explains the U.S. Affidavit of Support framework under INA §213A: when it is required, who must file, the financial thresholds and how to meet them, how to complete and submit the forms (I-864, I-864EZ, I-864A, I-864W), and the legal obligations and enforcement mechanisms that follow. It also covers exemptions (including certain employment-based, diversity visa, refugee/asylee, and VAWA self-petition contexts), the role of joint sponsors and household members, and practical filing points for both National Visa Center (CEAC) and USCIS adjustment of status cases.
The affidavit is not a procedural formality. Courts enforce its terms, and obligations generally continue until a statutory termination event occurs (naturalisation, credit for 40 Social Security quarters, permanent departure with loss of LPR status, or death). Divorce does not end liability, and sponsors cannot unilaterally withdraw after permanent residence is granted or discharge their duty through bankruptcy.
Section A: What is the U.S. Affidavit of Support?
The Affidavit of Support is a cornerstone of family-based immigration and certain employment-based cases where a relative has a qualifying ownership interest in the petitioning business. Though it appears administrative, it is a legally enforceable contract between the sponsor and the U.S. Government for the benefit of the intending immigrant, requiring the sponsor to maintain the immigrant at or above 125% of the Federal Poverty Guidelines, subject to narrow statutory exceptions.
1. Definition and legal framework
The Affidavit of Support arises under INA §213A and implementing regulations. In most cases it is executed on Form I-864. By signing, the sponsor agrees to support the intending immigrant and accepts legal liability that can be enforced in federal or state court by the immigrant or a government agency that provided means-tested benefits. The requirement applies to most family-based cases and to some employment-based cases where the petitioner is a business in which a qualifying relative holds a significant ownership interest.
2. Purpose
The affidavit exists to demonstrate that a qualified sponsor—not taxpayers—will provide financial support if needed. It is designed to reduce the risk that the immigrant will require means-tested public benefits and to ensure the economic viability of family reunification and related immigration pathways.
3. Forms involved
The Affidavit of Support framework comprises several forms tailored to different scenarios:
- Form I-864 — The standard affidavit used in most cases.
- Form I-864EZ — A streamlined version available only if the sponsor is the sole financial sponsor, the case involves a single intending immigrant and the sponsor qualifies based on income alone without counting assets.
- Form I-864A — Used when a qualifying household member (for example, a spouse or adult child living at the same residence) contributes income to meet the threshold.
- Form I-864W — A waiver for certain exempt immigrants, such as those credited with 40 qualifying Social Security quarters or certain children who will automatically acquire U.S. citizenship upon admission.
Section A Summary The Affidavit of Support is a binding contract grounded in federal statute. It allocates financial responsibility to a qualified sponsor and uses purpose-built forms—most often I-864—to ensure the immigrant has adequate support. Variants of the form accommodate simplified cases, household income contributions and defined exemptions.
Section B: Who Must File and Eligibility Rules
The Affidavit of Support requirement applies broadly in U.S. immigration law but not universally. Understanding who must file, and the eligibility standards for sponsors, is critical to compliance. The rules cover both the identity of the sponsor and the financial means they must demonstrate.
1. Sponsorship obligations
The duty to file Form I-864 generally falls on the petitioning U.S. citizen or lawful permanent resident in family-based immigration cases. In employment-based cases, an affidavit is also required if the petitioning business is significantly owned (5% or more) by a relative of the immigrant. To qualify, the sponsor must be:
- At least 18 years old
- Domiciled in the United States (residing in the U.S. or showing intent to re-establish domicile before the immigrant’s admission)
- A U.S. citizen or lawful permanent resident
Exemptions exist. Refugees, asylees, self-petitioning VAWA applicants, and diversity visa immigrants are not required to provide an affidavit of support.
2. Income thresholds
The sponsor must demonstrate income of at least 125% of the Federal Poverty Guidelines for the relevant household size, or 100% if the sponsor is on active duty in the U.S. Armed Forces and sponsoring a spouse or child. Household size is determined at the time of filing and includes:
- The sponsor
- All dependents claimed on the sponsor’s tax return
- The immigrant being sponsored
- Any other immigrants previously sponsored under an I-864 where obligations remain in force
If income alone is insufficient, certain assets (such as cash savings, real estate equity or investments) may be included, subject to USCIS valuation rules.
3. Joint sponsors and household members
If the petitioning sponsor cannot meet the threshold, the law permits assistance. A joint sponsor may file a separate Form I-864, provided they independently meet the income requirement. Only two joint sponsors are allowed per case. Alternatively, household members may execute Form I-864A to pool their income with the primary sponsor’s. Both approaches create the same binding obligations for those who sign.
Section B Summary The affidavit must be filed by the petitioning sponsor in most family-based and some employment-based cases. Sponsors must be U.S. citizens or permanent residents, at least 18 and domiciled in the U.S. They must show income of at least 125% of poverty guidelines, with limited exceptions. Where they fall short, joint sponsors or household members may step in, each accepting full enforceable responsibility.
Section C: Completing and Filing the Affidavit of Support
Because the Affidavit of Support creates enforceable financial obligations, completing and filing it correctly is essential. Errors or omissions can delay visa issuance or adjustment of status, or trigger requests for additional evidence. Sponsors must prepare both the form and supporting documents carefully.
1. Required information and documents
Sponsors must provide documentary proof of their financial standing and U.S. domicile. Typical evidence includes:
- Federal tax returns (most recent year is required; up to three years may be requested)
- W-2s or 1099s to demonstrate reported income
- Evidence of current employment or self-employment such as pay stubs, employer letters, contracts or business records
- Bank statements and asset records if assets are being used to meet the threshold
- Proof of U.S. domicile such as a residential lease, voter registration, utility bills, or evidence of intent to re-establish domicile if currently abroad
The affidavit also requires details of household size, immigration sponsorship history and the financial contributions of any joint sponsors or household members.
2. Filing process
The procedure depends on whether the immigrant applies abroad or within the United States:
- Consular processing: The affidavit is submitted electronically via the Consular Electronic Application Center (CEAC) to the National Visa Center (NVC). A scanned signed copy of the affidavit may be uploaded, but it must bear the original “wet ink” signature before scanning.
- Adjustment of status: The affidavit is filed with Form I-485 directly to USCIS, with the original signed form and supporting evidence.
In both contexts, accuracy, completeness and current form editions are required. Submitting outdated versions or incomplete packages will result in rejection or lengthy delays.
3. Common mistakes
Frequent errors include:
- Incorrect income calculations, often from miscounting household size or using outdated poverty guidelines
- Missing signatures, as USCIS will not accept unsigned forms
- Use of expired forms, which are automatically rejected
- Insufficient evidence, such as omitting proof of current employment alongside tax returns
- Weak domicile evidence, especially for sponsors currently abroad
Section C Summary Filing the affidavit requires detailed financial records and compliance with both USCIS and State Department procedures. Whether through CEAC for overseas processing or with USCIS for adjustment of status, precision is vital. Sponsors should avoid common errors such as outdated forms, missing signatures or inadequate proof of income or dom
Section D: Legal Obligations and Duration of Support
Signing Form I-864 is not a symbolic act. It creates a binding, enforceable contract between the sponsor and the U.S. Government for the benefit of the immigrant. The sponsor accepts a legal duty to maintain the immigrant’s income at or above 125% of the Federal Poverty Guidelines, subject to statutory exceptions.
1. Binding contract with the U.S. Government
Once executed, the affidavit may be enforced in federal or state court by the immigrant or by a government agency that has provided the immigrant with means-tested public benefits. Unlike other immigration forms, the affidavit creates continuing financial obligations that cannot be unilaterally withdrawn once permanent residence is granted.
2. Duration of liability
The sponsor’s obligations continue until one of the following occurs:
- The immigrant becomes a U.S. citizen
- The immigrant is credited with 40 qualifying Social Security quarters (approximately 10 years of work)
- The immigrant permanently departs the U.S. and loses lawful permanent resident status
- Either the immigrant or the sponsor dies
Divorce does not end liability. Nor can the obligations be discharged in bankruptcy. The contract remains in force until one of the statutory termination events occurs.
3. Enforcement and lawsuits
Courts regularly uphold the enforceability of the affidavit. Sponsored immigrants may sue to compel support, and agencies may recover benefits paid. Courts typically calculate damages as the difference between the immigrant’s actual income and 125% of the applicable poverty guideline for their household size. This ensures that the sponsor is held to the precise statutory obligation assumed.
Section D Summary The Affidavit of Support is a binding financial contract, enforceable in court by immigrants or government agencies. Obligations last until naturalisation, 40 quarters of work, permanent departure, or death. Divorce or bankruptcy does not end the duty, and enforcement actions often result in awards equal to the income shortfall below 125% of poverty levels.
FAQs
Who is exempt from filing Form I-864?
Exemptions apply in specific categories. Refugees, asylees, self-petitioning VAWA applicants, and diversity visa immigrants do not require an affidavit of support. In addition, certain children who will automatically acquire U.S. citizenship upon admission and individuals credited with 40 Social Security quarters are exempt. In such cases, Form I-864W is filed instead.
How long am I financially responsible under an affidavit of support?
Responsibility continues until the immigrant naturalises, earns 40 qualifying Social Security quarters, permanently departs and loses lawful permanent residence, or dies. Divorce does not end the obligation, and bankruptcy does not discharge the duty.
Can I withdraw my affidavit after filing?
Withdrawal is possible only before the immigrant is issued an immigrant visa abroad or USCIS approves adjustment of status. Once permanent residence is granted, the affidavit cannot be withdrawn and obligations remain in force.
What if my income is not enough to meet the threshold?
If the sponsor’s income is insufficient, options include securing a joint sponsor who independently meets the requirement, or having a qualifying household member contribute income via Form I-864A. Certain assets may also be counted toward the threshold if they satisfy USCIS valuation rules.
Conclusion
The U.S. Affidavit of Support is a statutory contract that underpins many immigrant visa and adjustment cases. Executed primarily on Form I-864 under INA §213A, it allocates financial responsibility to a qualified sponsor and provides a clear enforcement pathway for immigrants and government agencies. Sponsors must be eligible, domiciled in the United States and able to demonstrate income at or above 125% of the Federal Poverty Guidelines (or 100% for qualifying active-duty military cases), with limited exemptions and narrow use of I-864EZ, I-864A and I-864W in defined circumstances.
Because the affidavit is enforceable and long-lasting, accuracy and documentary rigor matter. Sponsors should confirm the correct household size, apply the current poverty guidelines, use the latest USCIS form editions, and ensure proper signatures and evidence whether filing through CEAC for consular processing or with USCIS for adjustment. Obligations persist until a statutory termination event occurs—naturalisation, credit for 40 Social Security quarters, permanent departure with loss of LPR status or death—and are not ended by divorce or bankruptcy.
Handled properly, the affidavit supports a smooth immigration outcome and guards against avoidable delays or litigation. Understanding the forms, eligibility rules, filing mechanics and enforcement framework allows both sponsors and intending immigrants to proceed with clarity and confidence.
Glossary
| Term | Definition |
|---|---|
| Affidavit of Support | Legally enforceable contract, typically on Form I-864, requiring a sponsor to maintain an immigrant at or above 125% of Federal Poverty Guidelines. |
| INA §213A | Statutory basis for the Affidavit of Support and sponsor obligations in U.S. immigration law. |
| Form I-864 | Standard affidavit signed by the sponsor to accept financial responsibility for the intending immigrant. |
| Form I-864EZ | Simplified affidavit available only if there is one immigrant, a single sponsor and eligibility is based on income alone (no assets). |
| Form I-864A | Contract between the sponsor and a qualifying household member who contributes income to meet the threshold. |
| Form I-864W | Exemption form used when the intending immigrant is not required to submit an affidavit (e.g., 40 quarters credited, certain automatic citizen children). |
| Joint Sponsor | Separate individual who independently meets the income requirement and assumes full liability by filing a separate I-864. |
| Household Member | Person residing with the sponsor who may pool income via I-864A (e.g., spouse, adult child). |
| Federal Poverty Guidelines | Annual HHS figures used to determine the 125% (or 100% for certain military cases) income threshold. |
| 40 Qualifying Quarters | Approx. 10 years of work credited by Social Security; one of the events that terminates sponsor obligations. |
| Means-Tested Public Benefits | Benefits for which eligibility depends on income/resources; agencies can seek reimbursement from the sponsor. |
| CEAC | Consular Electronic Application Center used to upload the affidavit and civil documents for NVC review. |
| Adjustment of Status | Process of applying for a green card within the U.S.; the affidavit is filed with Form I-485. |
Useful Links
| Resource | Link |
|---|---|
| USCIS – Affidavit of Support (Form I-864) | Visit USCIS |
| USCIS – I-864 Instructions (PDF) | Download instructions |
| USCIS – Poverty Guidelines (Form I-864P) | Visit USCIS |
| USCIS Policy Manual – Volume 12, Part G (Affidavit of Support) | Read policy |
| U.S. Department of State – Affidavit of Support | Visit State.gov |
| National Visa Center/CEAC – Submit Documents | NVC guidance |
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.