IMMIGRATION LAW / RESOURCE GUIDE

The Complete Guide to the Form I-864, Affidavit of Support

Requirements, Forms, and the Process

A practical guide to understanding who may qualify, what may create problems, and what happens during the application process.

Written and legally reviewed by:

Gabriel Sandoval, Attorney at Law

GS LAW, APC

Last reviewed: August 2, 2026

Disclaimer: This guide is provided for general informational purposes ony and does not constitute legal advice. Immigration laws and policies change frequently. For advice about your specific situation, consult a qualified immigration attorney.

IN THIS GUIDE

What Is Form I-864?
When is it Required?
Who Can Be a Sponsor?
Income and Household Size
If Income is Too Low
Using Assets
Forms and Financial Evidence
Frequently Asked Questions
Do You Need an Attorney?

RELATED GUIDES

The Adjustment of Status Guide
The I-130, Family Petition Guide
The I-751, Removal of Conditions Guide
The N-400, Naturalization Guide
The Green Card Rules Guide
The I-864 Affidavit of Support Guide

1. What Is Form I-864?

Form I-864, Affidavit of Support Under Section 213A of the INA, is a financial sponsorship form required in most family-based immigration cases. By signing Form I-864, the sponsor agrees to financially support the intending immigrant and demonstrates that the immigrant has adequate financial support in the United States. In most cases, the sponsor must show household income of at least 125% of the applicable Federal Poverty Guidelines, based on household size.

Unlike many immigration forms, the I-864 is also a legally enforceable contract between the sponsor and the U.S. government. It does not grant immigration status or approve a green card by itself; rather, it is one part of the financial eligibility requirements that must be satisfied in cases where the Affidavit of Support rules apply.

Financial Sponsorship

Shows that the intending immigrant has sufficient financial support in the U.S. nited States.

Legally Enforceable

By signing Form I-864, the Sponsor accept legally enforceable financial obligations.

125% Income Requirement

Most sponsors must demonstrate income at or above 125% of the Federal Poverty Guidelines.

Part of the Green Card Process

Commonly required in family-based Adjustment of Status and immigrant visa cases.

2. When is it Required?

Form I-864 is generally required in family-based green card cases to establish that the intending immigrant has adequate financial sponsorship in the United States. Depending on where the applicant is applying for permanent residence, the Affidavit of Support is submitted either as part of the Adjustment of Status process with USCIS or during the National Visa Center (NVC) stage of consular processing. The financial requirements are substantially the same in either process, although the timing and method of submission are different. Certain applicants may qualify for an exemption from the I-864 requirement, including some applicants who can be credited with 40 qualifying quarters of work under the Social Security Act.

Adjustment of Status Process (I-485)

For an applicant seeking a green card from inside the United States, Form I-864 is commonly submitted as part of the Adjustment of Status application. In most family-based cases, the petitioning family member serves as the sponsor and submits Form I-864 together with supporting financial documentation. The sponsor must generally demonstrate sufficient household income based on the sponsor's household size and the applicable Federal Poverty Guidelines. If the petitioner's income is insufficient, the case may still qualify through the use of a joint sponsor, qualifying household-member income, assets, or a combination of these options.

NVC / Consular Processing (DS-260)

When the intending immigrant is applying for an immigrant visa through a U.S. embassy or consulate abroad, the Affidavit of Support is generally handled during the National Visa Center stage after the underlying immigrant petition has been approved. The intending immigrant completes Form DS-260, while the petitioner submits Form I-864 and the required financial evidence through the NVC/CEAC process. NVC reviews the financial sponsorship documents before the case is considered documentarily complete and scheduled for the immigrant visa process.

Not Every Applicant Needs Form I-864

Some intending immigrants are exempt from the Affidavit of Support requirement. One important exemption applies when the applicant can be credited with 40 qualifying quarters of coverage under the Social Security Act. Other statutory exemptions may also apply depending on the immigrant category.

3. Who Can Be a Sponsor?

In most family-based immigration cases, the petitioner who filed the Form I-130 is also the primary financial sponsor for purposes of Form I-864. The sponsor must satisfy certain requirements relating to age, immigration status, and U.S. domicile before his or her income can be considered. It is important to distinguish between being legally qualified to serve as a sponsor and having enough income to meet the financial requirement. A petitioner may be required to serve as the sponsor even when his or her income is too low. In that situation, additional income, assets, or a joint sponsor may be necessary.

Basic Sponsor Requirements

A sponsor must generally:

Be at least 18 years old;
Be a U.S. citizen, U.S. national, or lawful permanent resident;
Be domiciled in the United States, a U.S. territory, or possession; and
Complete and sign the required Form I-864, Affidavit of Support.

The sponsor must also provide the required financial documentation and, unless an exception applies, demonstrate sufficient income or other qualifying financial resources.

Who The Sponsor Cannot Be

A sponsor must be an individual person. A business, corporation, employer, or other organization cannot serve as an I-864 sponsor.

The Petitioning Sponsor Must Still File

One of the most important I-864 rules is that using a joint sponsor generally does not replace the petitioning sponsor. Even if the petitioner:

Has no current income;
Is unemployed;
Does not earn enough to meet the income requirement; or
Plans to use a joint sponsor.

The petitioner generally must still complete and submit his or her own Form I-864.

4. Income and Household Size

The amount of income required for Form I-864 is not the same for every sponsor. The minimum income requirement depends primarily on the sponsor’s household size. In most cases, the sponsor must demonstrate qualifying household income equal to at least 125% of the applicable Federal Poverty Guidelines. As the sponsor’s household size increases, the amount of income required also increases.

Important: Household Size

Household size is not simply the number of people who live in the home. The I-864 uses specific counting rules and no person should be counted twice.

How is Household Size Counted

For Form I-864 purposes, household size generally includes:

The Sponsor
The person completing and signing Form I-864.
The Sponsor’s Spouse
A spouse is generally counted even if the spouse does not live with the sponsor.
Dependent Children and Other Dependents
This generally includes dependent children under age 21 and other individuals claimed as dependents on the sponsor’s most recent federal income tax return.
The Intending Immigrant(s)
The immigrant or immigrants being sponsored through the Form I-864 must be included.
Certain Previously Sponsored Immigrants
A person previously sponsored through Form I-864 or I-864EZ may still count if the sponsor’s financial support obligation to that immigrant has not terminated.
Certain Household Members Whose Income Is Being
Used Certain adult children, parents, or siblings residing with the sponsor may be included when their income is being combined with the sponsor’s income, generally through Form I-864A.

How the Income Test Works

Count Household Size

Determine everyone who must be included under the I-864 fules.

Find the Guideline

Use the current Form I-864P poverty guideline for that household size

Compare Income

Compare the sponsor's qualifying current income to the required amount

General Rule: 125% of the Federal Poverty Guidelines

Limited Military Exception: 100% for certain active-duty sponsors

5. If Income is Too Low

If the petitioning sponsor’s income does not meet the required level for the household size, the case is not necessarily disqualified. Immigration law provides several ways to satisfy the financial requirement, including the use of a joint sponsor, qualifying household-member income, the intending immigrant’s continuing income, qualifying assets, or a combination of these resources.

Joint Sponsor

A joint sponsor may be used when the petitioning sponsor does not independently meet the income requirement. The joint sponsor submits a separate Form I-864 and must independently satisfy the applicable financial requirements based on the joint sponsor’s own household size.

A joint sponsor does not need to be related to either the petitioner or the intending immigrant. The joint sponsor may be a friend, relative, acquaintance, or another qualifying person willing to accept the financial sponsorship obligations.

The joint sponsor must generally be at least 18 years old, be a U.S. citizen, U.S. national, or lawful permanent resident, and be domiciled in the United States.

Important: The petitioning sponsor generally must still submit his or her own Form I-864 even when a joint sponsor is used.

Household Member Income — Form I-864A

In some cases, the sponsor may combine his or her income with the income of a qualifying household member rather than obtaining a separate joint sponsor.

A qualifying household member may include certain relatives who share the sponsor’s principal residence, such as the sponsor’s spouse, parent, child, adult son or daughter, or sibling. A person whom the sponsor lawfully claimed as a dependent on the sponsor’s most recent federal income tax return may also qualify under certain circumstances.

The household member generally must be at least 18 years old and sign Form I-864A, Contract Between Sponsor and Household Member, agreeing to make his or her income and/or assets available to support the intending immigrant.

The Intending Immigrant's Income

The intending immigrant’s income may sometimes be counted toward the financial requirement.

If the intending immigrant is the sponsor’s spouse, the spouse’s income may generally be counted if that income will continue from the same source after the spouse becomes a lawful permanent resident.

For other intending immigrants, additional requirements generally apply, including that the immigrant reside with the sponsor and that the income continue from the same source after permanent residence is granted.

Depending on the circumstances, the intending immigrant may not need to execute Form I-864A merely to count his or her own continuing income.

Using Assets

If income alone is insufficient, the sponsor may be able to use qualifying assets to make up the difference between the sponsor’s income and the required income level.

Assets may include funds in checking or savings accounts, stocks, bonds, certificates of deposit, and the net cash value of qualifying real estate and other property.

Because special formulas determine how much asset value is required, assets are discussed separately in the next section.

Combining Income and Financial Resources

A case does not necessarily have to rely on only one method.

Depending on the circumstances, the financial requirement may be satisfied through a combination of the sponsor’s income, qualifying household-member income, the intending immigrant’s continuing income, and qualifying assets.

The important issue is whether the financial resources being relied upon meet the requirements of Form I-864 and are properly documented.

6. Using Assets

When the sponsor’s qualifying income falls below the required amount, assets may be used to make up the income shortfall. However, USCIS does not simply add the value of the assets dollar-for-dollar to the sponsor’s income. Instead, the amount of assets required is calculated by determining the difference between the sponsor’s qualifying income and the applicable poverty-guideline amount and then applying the appropriate multiplier.

What Assets Can Be Used?

Qualifying assets may include:

Cash in checking and savings accounts;
Stocks, bonds, and certificates of deposit;
The net cash value of real estate; and
Other assets that can reasonably be converted into cash.

Generally, the asset must be available for the support of the intending immigrant and capable of being converted to cash within one year without causing undue hardship to the owner or the owner’s family.

How Is the Required Asset Amount Calculated?

The first step is to determine the income shortfall

Required Income − Qualifying Household Income = Income Shortfall

The required value of the assets is then determined by multiplying that shortfall by the applicable factor.

For example, if the required income is $40,000 and the sponsor has $35,000 in qualifying income, the income shortfall is $5,000.

The amount of assets required would depend upon which multiplier applies.

General Rule: 5 Times the Income Shortfall

For most cases, the net value of the qualifying assets must equal at least five times the difference between the required income and the sponsor’s qualifying household income.

Example:

Required income: $40,000

Qualifying income: $35,000

Shortfall: $5,000

Required assets: $25,000

$5,000 × 5 = $25,000.

Spouse or Child of a U.S. Citizen: 3 Times the Shortfall

A reduced multiplier generally applies when the intending immigrant is the spouse or child of a U.S. citizen.

In those cases, the required net value of the qualifying assets is generally three times the income shortfall.

Using the same $5,000 shortfall:

$5,000 × 3 = $15,000 in qualifying assets.

Certain Orphan Adoption Cases: 1 Times the Shortfall

A special rule applies in certain cases involving an orphan who will acquire U.S. citizenship after admission and adoption in the United States.

In those limited cases, qualifying assets generally need to equal only one times the income shortfall.

For a $5,000 shortfall:

$5,000 × 1 = $5,000 in qualifying assets.

Evidence of Assets

When relying on assets, the sponsor should provide documentation establishing both ownership and net value.

Depending on the type of asset, evidence may include bank statements, investment-account statements, ownership records, property valuations, mortgage or lien information, and other documents showing the asset’s current net cash value.

For real estate, the relevant amount is generally the property’s net value after subtracting mortgages and other secured debt, rather than simply the property’s gross market value.

8. Frequently Asked Questions

Form I-864 can raise questions that go well beyond simply determining whether a sponsor earns enough income. Sponsors frequently have questions about how long their financial obligations last, what happens after divorce, whether the Affidavit of Support can be withdrawn, living outside the United States, tax-filing issues, public benefits, and changes that occur after the form has been submitted. The answers below address some of the most common issues that arise before and after an Affidavit of Support is filed.

Does an approved I-130 mean I have a green card?

No. Approval establishes the qualifying family relationship. The beneficiary must still complete Adjustment of Status or Consular Processing.

Can I file Form I-130 and Form I-485 at the same time?

Often, yes, for an immediate relative of a U.S. citizen who is in the United States and otherwise eligible for Adjustment of Status. Preference-category beneficiaries may file only when visa availability and USCIS filing rules permit.

Can I stay in the United States because an I-130 is pending?

Not simply because the I-130 was filed. A pending or approved I-130 does not itself provide lawful immigration status.

Can I work because my I-130 was approved?

No. Form I-130 by itself does not provide employment authorization.

What is a priority date?

For most family-preference petitions, the priority date is based on the date the I-130 was properly filed. It determines the beneficiary’s place in line for an immigrant visa.

What is the Visa Bulletin?

The Department of State publishes the Visa Bulletin each month showing visa availability for numerically limited family-preference categories. The applicable dates depend on the beneficiary’s category and, in some cases, country of chargeability.

Visit the U.S. Visa Bulletin

Do immediate relatives have to check the Visa Bulletin?

Generally, no. Immigrant visas for immediate relatives of U.S. citizens are not subject to the family-preference numerical limits.

What happens if a permanent resident petitioner becomes a U.S. citizen?

Naturalization may change the beneficiary’s immigration category. For example, a spouse or qualifying child of a permanent resident may become an immediate relative after the petitioner naturalizes. The effect depends on the particular relationship and circumstances.

Do I need a separate I-130 for each family member?

Immediate relatives generally require separate petitions for each qualifying relative. In family-preference cases, a principal beneficiary’s spouse and unmarried children may sometimes qualify as derivative beneficiaries without separate petitions.

Can I file an I-130 for my fiancé(e)?

Not unless you are already legally married. A U.S. citizen seeking to bring a foreign fiancé(e) to the United States to marry generally uses Form I-129F and the K-1 visa process.

Read Our K-1 Fiancé(e) Visa Guide →

Can I change from Consular Processing to Adjustment of Status, or vice versa?

Yes, but the procedure depends on where the case is pending and whether the beneficiary is actually eligible for Adjustment of Status. If the I-130 is still pending, the petitioner should notify USCIS of changes in the beneficiary’s location or intended method of processing. If USCIS has already approved the I-130 and retained it for Adjustment of Status, but the beneficiary later needs Consular Processing, the petitioner may have to file Form I-824 to request that USCIS send the approved petition to the National Visa Center. Changing the intended processing method does not by itself make someone eligible for Adjustment of Status. The beneficiary must independently satisfy the requirements for adjustment.

What happens if the petitioner and beneficiary divorce while a spousal I-130 is pending?

A spousal I-130 requires a valid qualifying marriage. If the petitioner and beneficiary legally divorce while the petition is pending, the qualifying relationship no longer exists and USCIS will generally deny the petition. Similarly, if the I-130 has already been approved but the couple divorces before the beneficiary becomes a permanent resident, the approved petition generally can no longer support immigration as the petitioner’s spouse.

What happens if the petitioner dies after filing or after approval?

The death of the petitioner does not always end the immigration case, but the rules are complicated and depend heavily on the family relationship, where the beneficiary lives, and whether the petition was pending or already approved.

A surviving spouse of a U.S. citizen may qualify for immigration as a widow or widower, and USCIS may automatically convert a qualifying spousal I-130 into a widow(er) petition. In other family cases, relief may sometimes be available under INA §204(l) or through humanitarian reinstatement of an approved I-130. Because these rules are highly fact-specific, beneficiaries should obtain legal advice before assuming that the case has ended.

9. Do You Need an Attorney?

USCIS does not require a petitioner to hire an attorney to file Form I-130. Many straightforward family petitions can be prepared without legal representation. However, some cases involve questions about the qualifying relationship, immigration history, prior marriages, visa availability, Adjustment of Status eligibility, or admissibility that extend beyond simply completing Form I-130.

When Should You Consider Speaking With an Attorney?

Legal assistance may be particularly helpful when:

The beneficiary entered the United States without inspection;
The beneficiary overstayed a visa or violated immigration status;
The beneficiary has prior deportation or removal proceedings;
Either party has a complicated criminal or immigration history;
The beneficiary previously provided inaccurate information to immigration officials;
The marriage occurred during removal proceedings;
The petitioner or beneficiary has multiple prior marriages;
There is limited evidence of a bona fide marriage;
A prior immigration petition was denied;
USCIS issued a Request for Evidence or Notice of Intent to Deny;
There are questions involving adoption, stepchildren, legitimation, or parent-child relationships;
The beneficiary may require a waiver;
There is uncertainty about whether Adjustment of Status or Consular Processing is appropriate; or
The family is unsure how the Visa Bulletin affects the case.

How Can an Immigration Attorney Help?

An immigration attorney can review the petitioner’s and beneficiary’s histories, determine the correct immigration category, identify potential eligibility problems, and develop an appropriate filing strategy.

An attorney can also prepare Form I-130 and supporting evidence, evaluate the documentation establishing the family relationship, address prior immigration or criminal issues, respond to USCIS notices, and help the family prepare for the next stage of the case.

An attorney cannot guarantee approval. The attorney’s role is to identify legal and evidentiary issues, explain the available options and risks, and present the strongest accurate case permitted by the facts and the law.the case, including National Visa Center processing, the embassy interview, entry into the United States, marriage within 90 days, and the beneficiary’s Adjustment of Status application. An attorney can respond to an RFE, NOID, or other agency notice and explain the available options if the case is delayed or denied.

An attorney cannot guarantee that USCIS or the Department of State will approve the petition or visa. The attorney’s role is to identify legal and evidentiary concerns, explain the available options and risks, and present the strongest accurate case permitted by the facts and the law.

We’re Here to Help You Bring Your Family Together

Family-based immigration can involve several different paths depending on the petitioner’s status, the family relationship, the beneficiary’s location, and visa availability. Our office assists families with I-130 petitions, Adjustment of Status, Consular Processing, Affidavits of Support, and related family immigration matters.

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About the Author

Gabriel Sandoval, Esq.

Owner