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Form I-864 Affidavit of Support: who signs, the income test, how long it lasts

The I-864 is a contract in which the sponsor agrees to maintain the immigrant at 125% of the Federal Poverty Guidelines (100% for armed-forces sponsors of a spouse or child). It has no USCIS fee. It ends at citizenship, 40 qualifying quarters, death or departure, not at divorce.

The Form I-864 is the document in a family-based green card case that people find most worrying, because it is signed by the sponsor and binds the sponsor in law. It is not a formality. The statute makes it "a contract" that the immigrant, the federal government and state agencies can enforce.

This page sets out what 8 U.S.C. 1183a and 8 CFR Part 213a say as at 9 October 2026: who must file, the income test with 2026 numbers worked through, the roles of joint sponsors and household members, and when the obligation ends. It does not tell a sponsor whether their income is enough or whether to sign. That needs an attorney or a DOJ-accredited representative reading the form instructions against the sponsor's own tax records.

The I-864 itself has no USCIS fee (8 CFR 106.2(a)(55)); neither do the I-864A (household member) or the I-864W (exemption request).

Who must file one

8 CFR 213a.2(a)(1) says that in covered cases "an intending immigrant is inadmissible as an alien likely to become a public charge, unless the qualified sponsor… has executed on behalf of the intending immigrant an affidavit of support". The covered cases in 213a.2(a)(2)(i) are applications for an immigrant visa or adjustment as:

  • an immediate relative (including "any alien admitted as a K nonimmigrant when the alien seeks adjustment of status");
  • a family-based immigrant under INA 203(a); or
  • an employment-based immigrant, if a relative who is a citizen or permanent resident filed the petition or has a "significant ownership interest" (5 percent or more) in the petitioning entity. A brother or sister who is not a citizen is excluded.

Who the sponsor is. For family cases, "the person who filed a relative, orphan or fiancé(e) petition, the approval of which forms the basis of the intending immigrant's eligibility" must sign (213a.2(b)(1)). A separate affidavit is needed for each principal beneficiary, and each accompanying immigrant must be included (213a.2(a)(1)(iii)–(iv)).

Sponsor requirements (213a.2(c)(1); 8 U.S.C. 1183a(f)(1)): at least 18; domiciled in the US or a territory; and a citizen, national or permanent resident (for a petitioning sponsor). A sponsor living abroad only temporarily bears the burden of proving the US domicile remains. A sponsor not domiciled in the US can still sign if they satisfy the officer that they will establish domicile by the date of the immigrant's admission or adjustment, and the immigrant "will be inadmissible… if the sponsor has not, in fact, established a domicile" by then.

Exemptions (213a.2(a)(2)(ii)) include: self-petitioners under certain VAWA and related provisions; an immigrant who has worked or can be credited with 40 qualifying quarters of coverage under Social Security; a child admitted under INA 211(a); and a child of a citizen who will acquire citizenship automatically on admission under INA 320. An immigrant claiming an exemption files an exemption request (the I-864W) with the application.

The income test, with 2026 numbers

The rule. 8 U.S.C. 1183a(a)(1)(A) requires the sponsor to agree "to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty line". 8 CFR 213a.2(c)(2) adds that the sponsor "must demonstrate the means to maintain the intending immigrant at an annual income of at least 125 percent of the Federal poverty line", and that for a sponsor on active duty in the armed forces (other than active duty for training) sponsoring a spouse or child, the figure is 100 percent.

The 2026 guidelines. HHS published its 2026 poverty guidelines at 91 FR 1797 on 15 January 2026. For the 48 contiguous states and the District of Columbia:

| Household size | 100% | 125% | |---|---|---| | 1 | $15,960 | $19,950 | | 2 | $21,640 | $27,050 | | 3 | $27,320 | $34,150 | | 4 | $33,000 | $41,250 | | 5 | $38,680 | $48,350 | | 6 | $44,360 | $55,450 |

For households of more than eight, HHS adds $5,680 per person. Alaska and Hawaii have separate, higher tables on the HHS page. The 125% column is our arithmetic from HHS's 100% figures.

Which table applies. 8 CFR 213a.1 says USCIS and consular posts "will use the most recent income-poverty guidelines published in the Federal Register", and "will begin to use updated guidelines on the first day of the second month after the date the guidelines are published". For guidelines published 15 January 2026, that gives 1 March 2026. 213a.2(a)(1)(v)(A) adds that sufficiency is judged on "the Poverty Guidelines in effect when the intending immigrant filed the application for an immigrant visa or adjustment of status". USCIS also publishes a form (the I-864P) with the figures it applies; we could not read it, so check it before relying on our table.

Household size. 8 CFR 213a.1 defines it. It always includes the sponsor, the sponsor's spouse and the sponsor's children (with limited exceptions for adult children not claimed as dependents), plus anyone the sponsor claimed as a dependent on the most recent federal tax return. The sponsor may also count relatives who share the same principal residence and whose income is relied on. Whether the sponsored immigrants themselves are counted, and how, is a point the definition addresses in detail; the form instructions explain it.

Income. "Income" is defined by reference to the sponsor's federal tax return: total income as shown on the return for the most recent taxable year, with schedules, W-2s and 1099s, or an IRS transcript (213a.2(c)(2)(i)(A)). The sponsor may opt to submit the three most recent years. A sponsor who did not file a required return will not satisfy the requirement until the return is filed (213a.2(c)(2)(i)(D)). The sponsor's reasonably expected household income in the year of filing is the measure (213a.2(a)(1)(v)(A)).

Joint sponsors, household members and substitutes

The regulation has three ways to bring in additional people. They are different, and mixing them up is a common source of rejected filings.

Household member (I-864A). Under 8 CFR 213a.2(c)(2)(i)(C), the sponsor can rely on the income of a spouse or any other person included in the sponsor's household size, if that person is at least 18 and "has completed and signed an affidavit of support attachment". By signing, the household member agrees "to provide to the sponsor as much financial assistance as may be necessary to enable the sponsor to maintain the intending immigrants at the annual income level required", to be jointly and severally liable for any reimbursement obligation, and to submit to court jurisdiction. The household member must also provide their own tax return for the same year, and need not be a citizen or permanent resident. A relative other than a spouse or claimed dependent must live at the sponsor's principal residence, with proof of the relationship.

The intending immigrant's own income. The immigrant's income may count only if the immigrant is the sponsor's spouse, or lives at the sponsor's residence and the evidence shows the income comes from lawful US employment or another lawful source that will continue (213a.1, "household income"). If the sponsor relies on the immigrant's continuing income for the immigrant's spouse or children, the immigrant must sign an attachment.

Joint sponsor. A joint sponsor is a separate person who submits a separate affidavit and accepts "joint and several liability with the sponsor" when the sponsor's household income is not enough (8 U.S.C. 1183a(f)(5); 8 CFR 213a.1). A joint sponsor must meet the sponsor requirements, including the 125% test on their own household, and be a citizen, national or permanent resident (213a.2(c)(1)(i)(C)(2)). If the officer finds in the decision that the sponsor's own income is sufficient, the joint sponsor is not bound (213a.2(e)(1)).

Substitute sponsor. If the petitioner has died, a substitute sponsor related to the immigrant in one of the ways listed in INA 213A(f)(5)(B) may sign "in place of the now-deceased person" (213a.1).

The structural difference matters: a household member adds income to the sponsor's own affidavit; a joint sponsor files a second affidavit and becomes liable alongside the sponsor.

What the sponsor is agreeing to, and when it ends

The contract. The affidavit is "legally enforceable against the sponsor by the sponsored alien, the Federal Government, any State… or by any other entity that provides any means-tested public benefit" (8 U.S.C. 1183a(a)(1)(B)). The sponsor agrees to submit to the jurisdiction of any federal or state court for actions under the section (1183a(a)(1)(C)).

Reimbursement. If the sponsored immigrant receives a means-tested public benefit, the agency or entity providing it "shall request reimbursement by the sponsor in an amount which is equal to the unreimbursed costs of such benefit" (1183a(b)(1)). If the sponsor does not respond within 45 days indicating willingness to pay, an action may be brought (1183a(b)(2)(A)). Part 213a.4 covers reimbursement actions and public notice.

When it starts. The support obligation "begin[s] when the immigration officer or the immigration judge grants" the application that included the affidavit (213a.2(e)(1)).

When it ends. 8 CFR 213a.2(e)(2)(i) says the obligation ends by operation of law when the sponsored immigrant:

  1. becomes a US citizen;
  2. has worked, or can be credited with, 40 qualifying quarters of Social Security coverage, with no credit for any quarter beginning after 31 December 1996 in which the immigrant received a federal means-tested public benefit;
  3. ceases to hold permanent resident status and departs the US (with the abandonment qualification in the regulation);
  4. obtains a new grant of adjustment of status as relief from removal in a removal proceeding (in which case the obligations attach to whoever signed in relation to the new application); or
  5. dies.

The obligation also ends if the sponsor dies (213a.2(e)(2)(ii)), but the death of one person with an obligation "does not terminate the support obligation of any other sponsor, substitute sponsor, joint sponsor, or household member". Spouses' quarters count too: under 1183a(a)(3)(B) the immigrant is credited with quarters worked by a spouse during the marriage if the immigrant remains married to that spouse or the spouse is deceased.

Divorce is not on the list. The termination events in 213a.2(e)(2) do not include divorce or separation. A reimbursement obligation that accrued before termination survives it (213a.2(e)(3)). Whether and how a particular obligation continues after a marriage ends is a legal question for an attorney, and we do not answer it.

Address changes. While the obligation is in force, the sponsor must file a change-of-address notice within 30 days of moving (8 CFR 213a.3(a)(1)). Failure can bring a civil penalty (213a.3(b)).

Where I-864 filings go wrong

Drawn from the rules above:

  • Using the wrong poverty table or household size. The table changes each year, the household definition is detailed, and the immigrant's own inclusion is a point to check against the instructions.
  • Missing tax returns. A sponsor, joint sponsor or household member who did not file a required federal return for the relevant year does not meet the requirement until the return is filed, even if the income is high (213a.2(c)(2)(i)(D)).
  • Confusing the household member with the joint sponsor. They sign different forms, supply different evidence and have different liabilities.
  • A stale affidavit. If more than a year passes between filing and the interview or examination, the officer may ask for more evidence, with at least 30 days to respond (213a.2(a)(1)(v)(B)).
  • Treating the form as paperwork. The sponsor certifies the tax return information under penalty of perjury (213a.2(c)(2)(i)(A)), and signs a contract that outlasts the application.
  • Assuming a divorce ends it. See above.
  • Not reporting a move. The 30-day change-of-address duty has a civil penalty.

Who may help. An I-864 packet can look like a form to fill in. Deciding who should sponsor, whether to bring in a joint sponsor, or how to count a household is advice. Only attorneys, DOJ-accredited representatives and the others listed in 8 CFR 292.1 may give it on a USCIS matter. Notaries and immigration consultants may not, and may charge only a nominal fee for the limited help they can lawfully give.

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Questions people ask

What is the income requirement for the I-864?

125% of the Federal Poverty Guidelines for the sponsor's household size, or 100% for a sponsor on active armed-forces duty sponsoring a spouse or child (8 CFR 213a.2(c)(2)). On the HHS 2026 table for the 48 states, 125% is $19,950 for one person and $34,150 for three.

Does the I-864 have a filing fee?

There is no USCIS fee for the I-864, I-864A or I-864W (8 CFR 106.2(a)(55)). The State Department charges $120 for a domestic affidavit-of-support review only (22 CFR 22.1 item 34).

When does the affidavit of support end?

At citizenship, 40 qualifying quarters, loss of permanent resident status with departure, a new adjustment in removal proceedings, or the immigrant's death. It also ends on the sponsor's death. Divorce is not among the listed events (8 CFR 213a.2(e)(2)).

What is a joint sponsor?

A separate person who files a separate affidavit and accepts joint and several liability with the sponsor when the sponsor's household income is not enough. A joint sponsor must meet the 125% test on their own household and be a citizen, national or permanent resident.

Can the immigrant's own income count?

Only if the immigrant is the sponsor's spouse, or lives at the sponsor's residence and the income comes from lawful US employment or another lawful continuing source (8 CFR 213a.1, household income). The form instructions explain the details.

Sources

Last checked 2026-10-09.

Related guides

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