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Affidavit of support (Form I-864)

What Form I-864 is, when it is required, who must file it, and what financial obligations it creates. Based on USCIS and DOS official guidance.

What Form I-864 is

Form I-864, Affidavit of Support, is a legally binding contract in which a U.S. sponsor agrees to financially support an immigrant to prevent them from becoming a "public charge." The obligation continues until the immigrant becomes a U.S. citizen, earns 40 qualifying work quarters, leaves the United States permanently, or dies.

When I-864 is required

Form I-864 is generally required for:

  • Most family-based immigrant visa cases
  • Some employment-based cases when a relative of the petitioner owns a significant interest in the employer

The I-864 is signed by the petitioner (sponsor). If the sponsor does not meet the income threshold alone, a joint sponsor or household member may also file a supporting form.

Who does NOT need a standard I-864

These categories generally do not use the standard I-864 model:

  • Refugees and asylees adjusting status
  • Diversity visa applicants
  • Self-petitioning immigrants (EB-1 extraordinary ability, VAWA, some special immigrants)
  • EB-5 investors
  • Certain humanitarian categories

Always check the official instructions for your specific pathway. Do not assume I-864 is or is not required without checking.

The sponsor's income requirement

The sponsor's income must meet at least 125% of the U.S. federal poverty guideline for the household size (including the intending immigrant). For active-duty military, the threshold is 100%.

Poverty guidelines change annually. The current thresholds are published by USCIS and HHS.

Joint sponsors and household members

If the primary sponsor does not meet the income threshold:

  • A joint sponsor may file a separate I-864 taking on the full sponsorship obligation independently
  • A household member may contribute their income using Form I-864A

Joint sponsors must be U.S. citizens, nationals, or lawful permanent residents who are at least 18 and domiciled in the United States.

Dynamic items: verify with official sources

These items change and must be checked against current official sources:

  • Current federal poverty guidelines (updated annually)
  • Current I-864 form version and instructions. USCIS may revise the form; submissions using expired versions are rejected
  • Whether the DOS I-864 FAQ is fully aligned with USCIS instructions for consular cases

What can vary by case, post, or month

These notes come from the research module behind this guide. Use them as flags; verify official instructions for your case before relying on general guidance.

Clearly required

  • use only where the governing official instructions require it

Conditional

  • I-864A, I-864EZ, exemptions, substitute sponsors, and employment-based relative-ownership cases

Dynamic (may change)

  • current poverty-guideline references and filing mechanics

Unresolved

  • bilingual DOS FAQ alignment was not fully compared in this pack

This page is an editorial guide built from official sources and project policy where needed.

Recheck the live official source before filing, traveling, paying fees, or relying on post-specific instructions.

Sources used on this page