Form I-864, Affidavit of Support

If you’re sponsoring a family member for a Green Card, one of the key steps in the process is proving they’ll be financially supported in the United States. This is done through Form I-864, Affidavit of Support. Most family-based immigrants—and some employment-based immigrants—must submit this form as part of their Green Card application. 

What is Form I-864 Affidavit of Support?

The Form I-864 (Affidavit of Support Under Section 213A of the INA) is a legal contract between the sponsor (usually the petitioning family member) and the U.S. government. The purpose of the affidavit is to show that the intended Green Card recipient will have enough financial support when they arrive in the country and will not rely on public benefits. This form is required for most family-based cases and some employment-based cases.

What do sponsors need to know about Form I-864?

Anyone who signs the Affidavit of Support agrees to support the person they’re sponsoring, even financially when necessary. If you are petitioning for your spouse, parent, or another immediate relative to come to the U.S., you must sign Form I-864. These obligations are enforceable, so once the family member gets permanent residency, they have the legal right to sue the sponsor in court if the sponsor fails to provide the required financial support.

If the Green Card holder later becomes a “public charge”—meaning they receive certain means-tested public benefits from any of the following programs, the government can require the sponsor to repay the costs.

• SNAP (Food Stamps)
• SSI (Supplementary Security Income)
• Medicare 
• TANF (Temporary Assistance for Needy Families)
• CHIP (State Child Health Insurance Program) 

The sponsor’s responsibilities last until the Green Card holder becomes a U.S. citizen or completes 10 years of work under the Social Security Act. If the sponsor is a spouse, getting divorced won’t end the obligations. Legal responsibility also ends if either the sponsor or beneficiary dies. 

Who must submit Form I-864?

Anyone applying for permanent resident status on family grounds must submit Form I-864, except under narrow circumstances. This includes anyone who files a Form I-130 visa petition as part of their application and fits into these visa categories:

• IR-1 and CR-1: Spouse of a U.S. citizen
• IR-2 and CR-2: Unmarried child (under 21) of a U.S. citizen
• IR-5: Parent of a U.S. citizen 
• F1: Unmarried sons and daughters (21 or older) of U.S. citizens.
• F2A: Spouses and unmarried children under 21 of lawful permanent residents
• F2B: Unmarried sons and daughters (21 or older) of lawful permanent residents
• F3: Married sons and daughters of U.S. citizens
• F4: Brothers and sisters of U.S. citizens

Some employment-based immigrants also need to file an Affidavit of Support. This applies when

a qualifying relative either filed Form I-140 for the intending immigrant or owns 5% or more of the company that filed Form I-140 on the immigrant’s behalf. 

Who does not need to submit Form I-864 Affidavit of Support?

Some people applying for a Green Card do not need their petitioning sponsor to file an affidavit of support. These include:

• Applicants who have earned 40 qualifying quarters (about 10 years) of work under the Social Security Act
• Widows or widowers with an approved Form I-360
• Battered spouses or children self-petitioning under the Violence Against Women Act (VAWA), with an approved Form I-360.
• Orphans adopted by U.S. citizens while abroad, and the adoptive parents have not seen the child yet.

Eligibility requirements of an Affidavit of Support sponsor

To sponsor a family member, you must meet several requirements. In addition to being a U.S. citizen or Green Card holder and at least 18 years old, you also meet the following financial and residency rules.

The petitioning sponsor must have a U.S. domicile

USCIS considers you domiciled in the U.S. if one of the following is true:

• You currently live in the U.S.
• You temporarily live abroad but have maintained ties to the U.S, usually by filing taxes, owning property, or having a job waiting in the country
• You can prove you intend to return to the U.S. by the time your relative gets their visa.

The petitioning sponsor must meet the income requirement

You need to show an annual income of at least 125% of the Federal Poverty Guidelines based on household size. The exception is if you’re an active-duty military member petitioning for a spouse or child; in this case, your income must be 100% of the guidelines.

Poverty guidelines are updated every year. You should use the guidelines relevant to the year in which you filed. This often can mean the previous year’s guidelines. 

48 contiguous states and D.C.

Alaska

Hawaii

What if my annual income isn’t high enough?

Sponsors who do not meet the income requirement can add the cash value of their assets. 

Assets include anything that can be turned into cash within one year, such as savings, stocks, bonds, and real estate, including your home. Property outside the United States can also count, as long as it can be sold and the funds can legally be transferred out of that country.

You generally cannot count the value of your car as an asset unless you own more than one and your primary vehicle is not included.

Adding the cash value of assets isn’t as simple as figuring out how much you have in stocks and adding that value to your household income. There is a formula: 

(Minimum income requirement – household income) * 5 = Total cash value of assets needed

Can I use a financial sponsor for an Affidavit of Support?

If your income and net value of assets don’t meet the financial requirements, you can add a joint sponsor. The joint sponsor must independently meet the income guidelines and submit their own Form I-864. This is in addition to—not instead of—the form you must file as the primary sponsor.

What documents are required for submitting Form I-864?

The exact documents you need depend on whether you are a U.S. citizen or permanent resident, and how you’re meeting the financial requirements.

Proof of U.S. citizenship or immigration status

• If you are a U.S. citizen or U.S. national, you must submit a copy of your birth certificate, U.S. passport, Certificate of Naturalization, or Certificate of Citizenship.
• If you are a lawful permanent resident, provide a copy of both sides of your Permanent Resident Card (Form I-551).
• If you are on active duty in the U.S. armed forces or U.S. Coast Guard using 100% of the Federal Poverty Guidelines to qualify as a sponsor, you need to provide proof of your active military status.

Proof of employment and income

Petitioning sponsors must show they are currently employed (or self-employed) and that their income meets the required guidelines. You must submit your most recent federal income tax return, including all W-2s. If you were not required to file taxes, include a written explanation and supporting evidence.

Self-employed sponsors must include copies of any relevant Schedules—such as Schedule C, D, E, or F—as well as all Forms 1099 and documentation of reported income. You may also include your tax returns from the past three years, recent pay stubs covering at least six months, and/or an employer letter if it strengthens your financial case.

Other supporting documents (for certain cases)

You may need additional documents if your annual income is not high enough and you’re getting help. For example:

• If you’re using the income of a household member: Form I-864A (Contract Between Sponsor and Household Member) plus proof of their income (W-2s, Form 1040 from the most recent tax year, or pay stubs), and evidence that they live in the same household.
• If you’re using assets to qualify: Provide bank statements, investment account summaries, property deeds, appraisals, or titles for assets that can be converted into cash within one year.
• If the sponsored immigrant’s income will count towards the requirement, include proof of their current U.S. employment and evidence that their income will continue after becoming a permanent resident.

Form I-864 Checklist

• Completed Form I-864
• Copy of your birth certificate, passport, or Certificate of Naturalization/Citizenship
• Copy of both sides of your Green Card (Form I-551) if you’re a lawful permanent resident 
• Federal income tax return (Form 1040)
• All W-2s
• Copy of every Form 1099 and any other evidence of reported income 
• Copy of your Schedule C, D, E, or F—if self employed 
• Written explanation and evidence describing why you were exempt—if you didn’t file
• Pay stubs from the most recent six months 
• Employment verification letter with job title, start date, and income

Filing Form I-864

You can file Form I-864 only after USCIS approves the underlying immigrant visa petition; in this case, Form I-130. 

Here’s what you need to know to complete Form I-864:

• The Green Card applicant’s name and address
• The names of the applicant’s family members and their relationship to them
• Your employer and annual income
• Your total household size
• The annual income of any household members who will contribute to the sponsorship
• Information about anyone you previously sponsored on a Form I-864

If you’re sponsoring one person and relying on your own income without the help of a joint sponsor or another household, you can fill out Form I-864EZ, a simplified version of the Affidavit of Support. Not everyone qualifies, but it’s a shorter, easier form when applicable.

• For consular processing cases outside the U.S., Form I-864 is uploaded to the National Visa Center (NVC) through the CEAC portal. NVC will send you the form and instructions after your visa petition has been processed and you’ve paid the fees.
• For adjustment of status cases inside the U.S., Form I-864 is included with Form I-485 and mailed to the appropriate USCIS lockbox. The correct mailing address depends on the state where the applicant lives. 

If you’re trying to understand whether you qualify to sponsor a family member, we can help. Manifest Law’s family-based immigration attorneys can review your documents, confirm you meet the financial requirements, and assist you in avoiding mistakes that slow down processing. If you want confidence that your affidavit is complete and correct, our team is here.

👉 Request a consultation with Manifest Law’s experienced immigration lawyers now. 

Form I-864 Affidavit of Support FAQs

How much income is required for an I-864 Affidavit of Support? 

Those sponsoring a family member must generally show an annual income of at least 125% of the Federal Poverty Guidelines for their household size (or 100% for active-duty military sponsoring a spouse or child). The exact dollar amount varies by household size and location.

Can I submit Form I-864 online? 

You can upload Form I-864 electronically to the National Visa Center (NVC), but only if your case is processed through consular processing, and not through an adjustment of status. AOS cases are handled via paper as part of the I-485 application packet.

How much is the fee for filing Form I-864? 

The National Visa Center charges a $120 fee for processing the Affidavit of Support in consular cases. There is no separate fee when filing Form I-864 with a USCIS adjustment of status application (the cost is included in the I-485 filing fee). 

How long does it take for I-864 to be approved?  

USCIS or the NVC reviews Form I-864 as part of the overall Green Card process, which itself can take eight to 10 months or more after your underlying petition (typically I-130) is approved. The form itself is not approved as a standalone filing—it must meet all requirements before the Green Card case can move forward.