Form I-864 · Part 2, Item 12
I-864 Active Duty Military (Part 2, Item 12): The 100% Poverty Guideline Rule (2026)
A single checkbox that lowers the income threshold from 125% to 100% of the poverty guideline -- but only for petitioning sponsors on active duty, only when sponsoring a spouse or minor child, and never for joint sponsors.
Quick answer
Check 'Yes' if you are currently on active duty in the U.S. Armed Forces or U.S. Coast Guard (not National Guard or Reserve) and you are petitioning for your spouse or minor child. This lowers your income threshold from 125% to 100% of the poverty guidelines.
Summary
Part 2, Item 12 is a yes/no checkbox for petitioning sponsors only. Checking 'Yes' (and providing evidence of active duty status) lowers the income threshold from 125% to 100% of the Federal Poverty Guidelines when sponsoring a spouse or minor child. This provision does not apply to joint sponsors or substitute sponsors.
| What Item 12 is | A yes/no checkbox in Part 2 (Information About You). For petitioning sponsors only. |
| Who checks 'Yes' | A petitioning sponsor currently on active duty in the U.S. Armed Forces or U.S. Coast Guard who is sponsoring their spouse or minor child. |
| Effect of checking 'Yes' | The income threshold drops from 125% to 100% of the Federal Poverty Guidelines. For a household of 2 in 2026, that is $27,050 instead of $33,813. |
| Does NOT apply to | Joint sponsors and substitute sponsors. National Guard members on state activation only (not federal active duty). Reservists not on active duty orders. |
| Evidence required | Military orders or another official document confirming current active duty status at the time the I-864 is signed. |
| 2026 threshold at 100% for household of 2 | $27,050. Compare to the standard 125% threshold of $33,813. |
What the USCIS instructions say
Verbatim from Form I-864 Instructions, edition 10/17/24.
Verbatim -- Item 12 label (I-864 Instructions, edition 10/17/24, Part 2, Item 12, page 8)
“Military Service (To be completed by petitioning sponsors only.) Item Number 12. I am currently on active duty in the U.S. Armed Forces or U.S. Coast Guard.”
Verbatim -- what checking 'Yes' means (I-864 Instructions, edition 10/17/24, Part 2, Item 12, page 8)
“If you provide evidence that you are currently on active duty in the U.S. Armed Forces or U.S. Coast Guard and you are petitioning for your spouse and/or minor child, you will need to demonstrate income at only 100 percent of the poverty level for your household size, instead of at 125 percent of the poverty level. (See Form I-864P, Poverty Guidelines, for information on the poverty levels.) Select 'No' if you are not on active duty in the U.S. Armed Forces or U.S. Coast Guard. This provision does not apply to joint and substitute sponsors.”
Verbatim -- general income section (I-864 Instructions, edition 10/17/24, pages 13-14)
“If you are on active duty in the U.S. Armed Forces, including the Army, Marines, Navy, Air Force, or Coast Guard, and you are sponsoring your spouse or minor child, you only need to have an income of 100 percent of the Federal Poverty Guidelines for your household size. This provision does not apply to joint or substitute sponsors.”
Verbatim -- decision standard (I-864 Instructions, edition 10/17/24, page 17)
“The decision on the sufficiency of Form I-864 involves a determination of whether you have established that you can maintain the intending immigrants and the rest of your household at 125 percent of the Federal Poverty Guidelines (or 100 percent if you are on active duty in the U.S. Armed Forces or U.S. Coast Guard and sponsoring your spouse or child).”
2026 thresholds: 100% vs. 125%
The difference between the active duty threshold (100%) and the standard threshold (125%) for common household sizes. Alaska and Hawaii have higher thresholds. Verify at uscis.gov/i-864p before filing.
| Household size | Active duty (100% FPG) | Standard (125% FPG) |
|---|---|---|
| 2 | $27,050 | $33,813 |
| 3 | $34,050 | $42,563 |
| 4 | $41,050 | $51,313 |
| 5 | $48,050 | $60,063 |
Source: HHS Annual Update of the Poverty Guidelines, effective March 1, 2026.
Which military statuses qualify
The provision requires “active duty in the U.S. Armed Forces or U.S. Coast Guard.” The status at the time the I-864 is signed is what matters.
Active duty Army, Marines, Navy, Air Force
Covered by the provision when sponsoring spouse or minor child.
Active duty Coast Guard
Explicitly included in both the form instructions and the general section.
National Guard (federally activated, Title 10 orders)
Qualifies when activated under Title 10 federal orders (i.e., assigned to federal active duty). Does not qualify under state activation orders only.
National Guard (state activation only, Title 32 or state orders)
Does not qualify. State-only activation is not 'active duty in the U.S. Armed Forces' for I-864 purposes.
Reservists not on active duty orders
Reserve status alone does not qualify. Must be on current active duty orders.
Veterans (no longer on active duty)
Prior service does not qualify. The provision requires current active duty at the time the I-864 is signed.
Joint or substitute sponsor (any branch)
The provision explicitly does not apply to joint and substitute sponsors, regardless of their military status.
Common mistakes on Item 12
These errors cause USCIS to reject the 100% threshold claim.
- 01
Checking 'Yes' for National Guard or Reserve status without active duty orders
Reserve or National Guard status alone does not qualify. The provision requires current active duty in the U.S. Armed Forces or U.S. Coast Guard. A National Guard member activated under state orders (Title 32 or state authority) is not on 'active duty in the U.S. Armed Forces' for I-864 purposes.
- 02
Applying the 100% threshold to a joint sponsor
Per the I-864 Instructions (edition 10/17/24, Part 2, Item 12): 'This provision does not apply to joint and substitute sponsors.' A joint sponsor who is also active duty military still must meet the 125% threshold for their household size.
- 03
Checking 'Yes' but not attaching evidence
The instructions state that the lower threshold applies 'if you provide evidence that you are currently on active duty.' A checkbox alone is not sufficient. Military orders or an official confirmation of active duty status must be attached to the I-864.
- 04
Applying the provision to a sponsoring relationship other than spouse or minor child
The 100% threshold applies only when the petitioning sponsor is sponsoring their spouse and/or minor child. If the petitioning sponsor is sponsoring a parent, sibling, or adult child, the standard 125% threshold applies even if the petitioner is on active duty.
Marriage-based filers on active duty: what changes on your I-864
For an active duty petitioner sponsoring their spouse: check 'Yes' on Item 12, attach evidence, and calculate your household size and income against the 100% threshold instead of 125%.
- Active duty petitioner sponsoring spouse. Check 'Yes' on Item 12 and attach evidence of active duty status. The 100% threshold applies. For a household of 2 in 2026, the required income is $27,050 instead of $33,813.
- Active duty petitioner sponsoring minor child. The 100% threshold also applies when sponsoring a minor child. Check 'Yes' and attach evidence.
- Joint sponsor is a military member. The provision does not apply to joint sponsors. The joint sponsor's threshold remains 125% of the poverty guideline for their household size, regardless of their military status.
- Petitioner was on active duty when the I-864 was prepared but is discharged before filing. The 100% threshold applies only to sponsors currently on active duty at the time the I-864 is filed. If active duty status has ended by filing, check 'No' and apply the standard 125% threshold.
Need help calculating your income threshold?
Our software applies the correct threshold (100% for active duty, 125% for all others), calculates your household size, and builds the complete I-864 packet.
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Form and pathway context
Frequently asked questions
What branches of the military qualify for the 100% poverty guideline rule?
Per the I-864 Instructions (edition 10/17/24, pages 13-14): Army, Marines, Navy, Air Force, and Coast Guard. National Guard members qualify only when federally activated under Title 10 orders. Reservists must be on current active duty orders.
Does the 100% rule apply to a joint sponsor who is on active duty?
No. Per the I-864 Instructions (edition 10/17/24, Part 2, Item 12): 'This provision does not apply to joint and substitute sponsors.' The joint sponsor's threshold is always 125% of the poverty guideline for their household size.
What is the 2026 income requirement for an active duty sponsor with a household of 2?
For 2026, the 100% Federal Poverty Guideline for a household of 2 is $27,050. This compares to the standard 125% threshold of $33,813 for the same household size. Always verify the current guideline at uscis.gov/i-864p before filing.
What evidence do I attach for Item 12?
Military orders confirming current active duty status, or another official document from the Department of Defense or Coast Guard confirming active duty. The orders should be current as of the date the I-864 is signed.
I was on active duty when I started filling out the I-864 but I am separating soon. Which threshold applies?
The 100% threshold applies only if you are currently on active duty at the time the form is filed. If you have already separated or will separate before filing, check 'No' and use the standard 125% threshold. If timing is close, discuss the timing with an attorney.
Key takeaways
- ✓
Part 2, Item 12 is for petitioning sponsors only. Joint and substitute sponsors leave it blank and always apply the 125% threshold.
- ✓
Checking 'Yes' and providing evidence of active duty status lowers the income threshold from 125% to 100% of the poverty guideline when sponsoring a spouse or minor child.
- ✓
The 2026 threshold at 100% for a household of 2 is $27,050 (vs. $33,813 at 125%).
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National Guard and Reserve members must be on current federal active duty orders to qualify. State activation or reserve status alone does not qualify.
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Evidence of active duty status (military orders or equivalent) must be attached to the I-864. A checkbox alone is not sufficient.
This page is for educational purposes only and is not legal advice. Green Card Genius is self-help immigration software, not a law firm, and does not provide legal representation. Immigration law and USCIS policy change frequently. For advice on a specific case, consult a licensed immigration attorney. Form I-864, edition 10/17/24. Last verified May 2026.
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