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 only 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
- 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 United States
Legally Enforceable
By signing Form I-864, the Sponsor accepts 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?
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?
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 rules.
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
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.
7. 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.
What is Form I-864, Affidavit of Support?
Form I-864 is a legally enforceable contract in which a qualifying sponsor agrees to financially support an intending immigrant. It is required in most family-based immigration cases and certain employment-based cases involving a relative who has an ownership interest in the petitioning business.
How much income does a sponsor need for Form I-864?
What if the petitioner does not earn enough income?
Can I use a joint sponsor?
Does a joint sponsor have to be related to me?
What is the difference between Form I-864 and Form I-864A?
Can I use my spouse’s income to qualify?
Can I use assets if my income is too low?
Yes. Qualifying assets may be used to make up the difference between the sponsor’s income and the required income level. Assets generally must be capable of being converted into cash within one year without causing undue hardship or significant financial loss.
How much in assets do I need?
In most cases, the net value of qualifying assets must equal at least five times the difference between the sponsor’s income and the required income level. For a U.S. citizen sponsoring a spouse or certain children, the required asset value is generally three times the difference. Different rules may apply to certain adopted children.
What types of assets can be used for Form I-864?
Qualifying assets may include savings accounts, stocks, bonds, certificates of deposit, and real property. USCIS or the Department of State will generally consider the net value of the asset after subtracting mortgages, liens, or other debts secured by the property. The asset must also be reasonably available for the support of the immigrant.
Do I need to submit three years of tax returns?
What if the sponsor did not file a federal income tax return?
What if the sponsor is currently unemployed?
8. Do You Need an Attorney?
When Should You Consider Speaking With an Attorney?
Legal assistance may be particularly helpful when:’
- Legal assistance may be particularly helpful when:
- The petitioning sponsor does not meet the required income level;
- A joint sponsor may be necessary;
- The sponsor wants to use a household member’s income;
- There is uncertainty about whether Form I-864A is required;
- The intending immigrant’s income will be used to meet the financial requirement;
- The sponsor wants to qualify using assets rather than income;
- The sponsor has not filed one or more required federal income tax returns;
- The sponsor’s current income is substantially different from the income shown on the most recent tax return;
- The sponsor is self-employed or has income that is difficult to document;
- There is uncertainty about how to calculate household size;
- The petitioner or sponsor lives outside the United States and there are questions concerning U.S. domicile;
- A joint sponsor has a spouse or other household members whose income will be used;
- The intending immigrant may qualify for an exemption based on 40 qualifying quarters of work;
- There is uncertainty about whether Form I-864 is required at all;
- USCIS or the National Visa Center has rejected the Affidavit of Support or requested additional financial evidence; or
- There are questions concerning the sponsor’s continuing financial obligations after permanent residence is granted.
How Can an Immigration Attorney Help?
An immigration attorney can review the sponsor’s household size, income, tax history, assets, and immigration status to determine whether the financial requirements are satisfied and whether a joint sponsor or household member is necessary.
An attorney can also determine which financial documents should be submitted, evaluate whether income from the intending immigrant or another household member may be counted, calculate the amount of assets needed to overcome an income shortfall, and identify potential problems involving tax returns, self-employment income, foreign income, or U.S. domicile. USCIS permits qualifying household members to contribute income through Form I-864A, and qualifying assets may also be used when income alone is insufficient.
Legal assistance can also be useful when USCIS or the National Visa Center requests additional evidence or determines that a previously submitted Affidavit of Support is insufficient. The attorney can identify the specific deficiency, determine whether the problem can be corrected with additional documentation, a household member, assets, or a joint sponsor, and prepare an appropriate response.
An attorney cannot guarantee that USCIS or the Department of State will accept an Affidavit of Support or approve the underlying immigration case. The attorney’s role is to identify financial and legal issues, explain the available options and obligations, and present the strongest accurate case permitted by the facts and the law.
We’re Here to Help You Meet the Financial Sponsorship Requirements
The Affidavit of Support is more than a financial form. Form I-864 creates an enforceable sponsorship obligation and can affect whether an intending immigrant is able to complete Adjustment of Status or Consular Processing. Whether the case involves insufficient income, a joint sponsor, household-member income, assets, tax issues, domicile, or a possible exemption, our office can help determine the appropriate approach and prepare the required documentation.
Official Family Visa Resources
About the Author
Gabriel Sandoval, Esq.
Owner
GS LAW, APC
Gabriel Sandoval is an immigration attorney with more than 10 years of experience helping individuals and families obtain legal permanent residence in the United States
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