Form I-864, the Affidavit of Support, is a signed legal contract in which a U.S. citizen, national, or lawful permanent resident agrees to financially support an immigrant becoming a lawful permanent resident. Per USCIS on Form I-864, once the immigrant's status is approved, you become their legal sponsor and accept a binding financial obligation.
Family-based immigrants must have a sponsor file this form. Employment-based immigrants usually do not, unless the visa petitioner or an entity they own is the sponsor. The sponsorship creates real legal liability: your sponsored immigrant's use of certain government benefits can trigger lawsuits against you, and the obligation can last decades.
Table of Contents
- Who Must File Form I-864
- Requirements to Qualify as a Sponsor
- Your Financial Liability as a Sponsor
- When Your Sponsorship Obligation Ends
- Exemptions to the I-864 Requirement
Who Must File Form I-864
Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of citizens age 21 and older)], all family-based preference immigrants, and K-1/K-2 fiancé(e)s seeking to adjust status in the United States must have a sponsor file the form. Per [USCIS instructions on Form I-864, employment-based immigrants rarely need one, except when the visa petitioner or an entity they significantly own is involved in the sponsorship.
Requirements to Qualify as a Sponsor
You must be at least 18 years old, be domiciled in the United States, and show sufficient income to support the immigrant. According to USCIS on the Affidavit of Support, your annual household income must be at or above 125% of the Federal Poverty Guidelines for your household size. Active-duty military members sponsoring a spouse or child only need 100% of the guidelines.
You can combine income from employment, investments, and household members' earnings. You must provide your most recent federal income tax return with W-2s, recent pay stubs or an employer letter, and documentation of any assets used to meet the income requirement. Your signature must be in ink, not typed or stamped.
Your Financial Liability as a Sponsor
Once you sign the I-864, you become legally responsible for supporting the immigrant. If your sponsored immigrant receives means-tested public benefits such as SNAP, Medicaid, or SSI, the government agency providing those benefits can sue you for full repayment plus legal fees and associated costs.
Joint sponsors and household members are jointly and severally liable for the full amount. This means the government can pursue any co-sponsor for the entire debt, not just a share. The obligation survives divorce and does not end when the immigrant reaches age 21. You remain responsible even if your circumstances change dramatically.
When Your Sponsorship Obligation Ends
Your legal obligation terminates in exactly four ways: when the immigrant becomes a U.S. citizen, when the immigrant accumulates 40 work credits toward Social Security (roughly 10 years of full-time employment), when the immigrant dies, or when the immigrant departs the U.S. after losing permanent resident status. Divorce does not end it. The immigrant's 21st birthday does not end it.
If the immigrant never works enough quarters or never naturalizes, you remain responsible indefinitely—unless they leave the country after losing their green card. Understanding this decades-long commitment is essential before signing.
Exemptions to the I-864 Requirement
Certain immigrants do not need an Affidavit of Support: those with 40 or more work credits, self-petitioning VAWA beneficiaries, diplomats, and certain high-ranking government officials. However, exemption from the I-864 does not exempt someone from the public charge ground of inadmissibility—the government can still evaluate whether they might become a public charge based on other factors.
A new edition of Form I-864 dated 08/24/26 became effective October 1, 2026. USCIS will not accept the previous 10/17/24 edition after that date, though a 30-day grace period was provided to ease the transition.