Form I-864, the Affidavit of Support, is a legally binding contract that a U.S. citizen or permanent resident must file when sponsoring a family member for immigration.
The sponsor promises to financially support the immigrant and is legally responsible if the immigrant receives certain public benefits, making the sponsor liable to the government for those costs. The affidavit is required by law for most family-based green card applicants and binds the sponsor through the immigrant's natural citizenship, permanent residency, or for a set number of years—whichever is longest. Without a completed Form I-864, the family member cannot obtain a green card.
Table of Contents
- Who Must File Form I-864
- Income Requirements and Poverty Guidelines
- What the Sponsor Legally Promises
- How to File Form I-864
- When Form I-864 Is Not Required
- Frequently Asked Questions
Who Must File Form I-864
A sponsor files Form I-864 when petitioning for a close relative—a spouse, unmarried child, parent, or sibling—to immigrate to the United States. The USCIS I-864 page lists immediate relatives, family preferences, and employment-based categories where the form is required. Not all family sponsorships require a new affidavit.
If the immigrant is an immediate relative and the petitioner meets the poverty guideline income requirement on their own, some may qualify for exemptions, but most family-based petitions require the form regardless. The sponsor must complete the affidavit before the consulate or USCIS can approve the green card.
Income Requirements and Poverty Guidelines
The sponsor must earn enough to support both their own household and the immigrant without the immigrant receiving public benefits. USCIS publishes updated poverty guidelines annually, which vary by household size and state.
For 2024, a sponsor supporting one additional person must earn roughly 125% of the federal poverty guideline for their household size. If the sponsor's household income falls short, they may include assets (savings, property, stocks) valued at five times the difference between their income and the requirement. A joint sponsor—a second household member willing to be equally liable—can also contribute income to meet the threshold. The income calculation is straightforward: gross household income compared directly to the published guideline, with assets as a backup option only.
What the Sponsor Legally Promises
By signing form I-864, the sponsor becomes legally obligated to support the immigrant at or above the poverty line. If the immigrant receives certain public benefits—including Supplemental Security Income (SSI), temporary assistance for needy families (TANF), or Medicaid (except for emergency services)—the government can sue the sponsor to recover the cost.
This obligation lasts the length of the immigrant's permanent residency or until they become a U.S. citizen, whichever is shortest. For parents sponsoring adult children, the affidavit remains binding for 10 years from the date the immigrant receives a green card, even if the immigrant becomes a citizen before that period ends. The sponsor cannot cancel or modify the agreement once the immigrant's green card is approved.
How to File Form I-864
The I-864 instructions PDF from USCIS walk through each line, but the basic process is: The form itself is free. The sponsor completes it during the consular interview or adjustment of status interview, depending on whether the immigrant applies abroad or from within the U.S. An unsigned or incomplete affidavit will cause the consulate to return the application and delay approval.
- Gather proof of income (tax returns, W-2s, pay stubs for the current year)
- Collect asset statements if income alone is insufficient
- Complete Form I-864 with the immigrant's information and household details
- Have the sponsor sign before a notary or consulate officer
- Submit with the immigrant's green card application
When Form I-864 Is Not Required
Very few family-based immigrants are exempt. Immediate relatives (spouse, unmarried children under 21, parents of adult citizens) may not need the form only in narrow cases where no other household member requires support and the petitioner independently meets the income guideline—but most still must file it. Employment-based sponsorships and special immigrant categories have different rules, and some humanitarian categories may have modified requirements.
The best practice is to assume Form I-864 is required for any family-based green card petition. Confirmatory documents from USCIS or the consulate will state whether an exemption applies, but the sponsor should have income documentation ready from the start of the process.
Frequently Asked Questions
Can a sponsor cancel Form I-864 after the immigrant becomes a citizen?
No. The obligation survives citizenship for family categories where it runs 10 years. For categories where it runs until citizenship, it ends at that point—but the sponsor cannot unilaterally cancel it while the immigrant holds a green card.
What happens if the sponsor's income drops after filing?
The sponsor remains liable for the original obligation. A change in income does not modify the affidavit. If the immigrant later receives public benefits, the government can still pursue the sponsor for reimbursement.
Can a joint sponsor back out after the form is signed?
No. Both the primary and joint sponsor are equally liable once the form is submitted and the green card is approved. Joint sponsors should understand the full 10-year commitment before signing.