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
- Form I-864, Affidavit of Support (USCIS)Official source
Why this source is here: Canonical USCIS form page for the Affidavit of Support. Source ID U01.
- Affidavit of Support (DOS)Official source
Why this source is here: DOS general guidance on Affidavit of Support requirements and forms. Source IDs S11/S12 in research pack.
- Form I-864A, Contract Between Sponsor and Household Member (USCIS)Official source
Why this source is here: Supplemental form for household member income contribution. Source ID U03.