Form I-864, Affidavit of Support, is a legally binding contract required for most family-based and some employment-based green card applications. The sponsor promises to maintain the immigrant at 125% of the Federal Poverty Guidelines and to reimburse any government agency that provides means-tested public benefits to the immigrant.
2026 Income Requirements (125% FPG)
Household of 2: $25,550/year. Household of 3: $32,200/year. Household of 4: $38,850/year. Household of 5: $45,500/year. Active duty military sponsors: 100% FPG. If you don't meet the income requirement, you can use a joint sponsor or count assets worth 3x the shortfall.
What Is the I-864 Affidavit of Support?
Form I-864 is a legally binding contract between a sponsor (the petitioner) and the U.S. government, guaranteeing that the immigrant will not become a public charge. The sponsor promises to maintain the immigrant at or above 125% of the federal poverty guidelines until the immigrant becomes a U.S. citizen, has worked 40 qualifying quarters of Social Security coverage, permanently departs the U.S., or dies. This is a legally enforceable contract — the government and the immigrant can sue the sponsor for support.
Who Needs an I-864?
An I-864 is required for virtually all family-based green card applications (I-130 petitions), and for some employment-based cases where a relative filed the petition or owns 5%+ of the sponsoring company. It is required whether you are filing through adjustment of status or consular processing.
Income Requirements (2026)
The sponsor must demonstrate household income of at least 125% of the federal poverty guidelines for their household size (100% for active duty military sponsors). For 2026, the approximate minimums are: household of 2 (sponsor + 1 immigrant): approximately $25,550/year, household of 3: approximately $32,200, household of 4: approximately $38,850, household of 5: approximately $45,500. Household size includes the sponsor, all dependents, all immigrants being sponsored, and any previously sponsored immigrants who are still receiving support.
What If the Sponsor Does Not Meet Income Requirements?
If the primary sponsor's income is insufficient, several options are available. Joint sponsor: Any U.S. citizen or permanent resident who meets the income requirement can serve as a joint sponsor. They must file a separate I-864 and accept full legal responsibility. Household member income: Other household members can contribute their income to meet the threshold by filing Form I-864A. Assets: The sponsor can use assets (savings, real estate, stocks) to supplement income. The asset value must be at least 3x the shortfall (5x for siblings of U.S. citizens). For example, if you are $10,000 short on income, you need $30,000 in qualifying assets.
Required Documents
The sponsor must provide the most recent federal tax return (complete return with all schedules and W-2s), recent pay stubs (last 6 months recommended), an employment verification letter, evidence of assets if using them to supplement income, and proof of U.S. citizenship or permanent resident status. If using a joint sponsor, they provide all the same documents independently.
How Long Does the I-864 Last?
The I-864 obligation continues until one of the terminating events occurs: the immigrant becomes a U.S. citizen, the immigrant works 40 qualifying quarters (approximately 10 years of work), the immigrant permanently leaves the U.S., or the immigrant or sponsor dies. Divorce does not end the obligation. If you sponsor a spouse and later divorce, you remain financially responsible until they naturalize or meet another terminating condition. This is one of the most misunderstood aspects of the I-864.
Legal Enforceability
The I-864 is a legally binding contract. If the sponsored immigrant receives means-tested public benefits, the government can sue the sponsor for reimbursement. The immigrant can also sue the sponsor for financial support if the sponsor fails to maintain them at 125% of poverty. Courts have consistently upheld I-864 enforcement in divorce proceedings — sponsors cannot escape the obligation through divorce decrees or prenuptial agreements.
Common Mistakes
Using the wrong year's poverty guidelines, not including all household members in the calculation (forgetting previously sponsored immigrants), submitting incomplete tax returns (missing schedules or W-2s), not signing the form, and failing to include a joint sponsor when income is clearly insufficient. These errors result in RFEs that delay processing by months.
Important: Take the I-864 seriously — it is a 10+ year financial commitment, not just a form. If you are sponsoring a spouse, understand that divorce does not end your obligation. If you are the immigrant, know that your sponsor is legally required to support you if needed.
Last verified: April 2026 · Reviewed by USImmigrationLaw.Today editorial team.