I-864 Part 1 Basis for Filing (Items 1.a–1.f): Which Box to Check

Form I-140 is the petition for an employment-based green card, not a marriage green card. A spouse petitioning for a husband or wife files Form I-130, not I-140. If you are filing for your spouse, 1.b is not your box.

This applies when a business you own at least 5 percent of filed an I-140 employment petition. It has no role in a marriage green card. Skip it.

A joint sponsor is a third person who agrees to support the immigrant because the petitioner's income alone is not enough. The joint sponsor files a separate I-864 and checks 1.d. The petitioning spouse never checks 1.d on their own affidavit. If you are the spouse who filed the I-130, your box is 1.a.

Used when two joint sponsors split the household so each covers part of it (for example, sponsoring a spouse and a stepchild separately). Each joint sponsor files their own I-864 and checks 1.e. Again, this is not the petitioning spouse's box.

A substitute sponsor steps in only when the spouse who filed the I-130 died after the petition was approved but before the immigrant got their green card. If the petitioning spouse is alive, this box does not apply. The deceased-petitioner situation needs case-specific review (see the note below).

Which Part 1 box does the petitioning spouse check on Form I-864?

Box 1.a. The on-form text reads: “I am the petitioner. I filed or am filing for the immigration of my relative.” Per the I-864 Instructions (edition 10/17/24, page 6), 1.a is for the petitioner who filed Form I-130 (the petition that starts a family-based case, including a marriage green card). The spouse who filed the I-130 also signs the I-864 as the sponsor and selects 1.a.

What is the difference between the petitioner and a joint sponsor on the I-864?

The petitioner is the U.S. citizen or lawful permanent resident (green card holder) who filed Form I-130 for their relative. They check box 1.a. A joint sponsor is a separate person who agrees to support the immigrant when the petitioner's income is too low; the joint sponsor files their own I-864 and checks box 1.d (only joint sponsor) or 1.e (one of two joint sponsors). The Instructions note a joint sponsor does not have to be related to the intending immigrant.

Do boxes 1.b and 1.c ever apply to a marriage green card?

No. Boxes 1.b and 1.c are for employment-based cases where someone filed Form I-140 (Immigrant Petition for Alien Worker) or owns at least 5 percent of a business that filed an I-140. A spouse petitioning for a husband or wife files Form I-130, not I-140, so these boxes never apply to a marriage green card.

My spouse filed the I-130 but does not earn enough. Do they still check 1.a?

Yes. The petitioning spouse always checks 1.a as the sponsor, regardless of income. If their income is below the requirement, a joint sponsor files a separate I-864 and checks 1.d or 1.e to add income. The petitioner's box does not change because a joint sponsor is added.

When does box 1.f (substitute sponsor) apply?

Only when the original Form I-130 petitioner has died after the petition was approved but before the immigrant obtained their green card. Per the Instructions (page 6), a substitute sponsor must be a qualifying relative of the intending immigrant and a U.S. citizen, lawful permanent resident, or U.S. national. A deceased-petitioner case has consequences beyond this checkbox and should be reviewed with an immigration attorney.

Who fills out Part 1 of the I-864, the sponsor or the immigrant?

The sponsor. Part 1 states the sponsor's basis for filing. In a standard marriage case, the sponsor is the petitioning spouse, so the U.S. citizen or green card holder spouse completes Part 1 and checks 1.a. The immigrant spouse (the beneficiary) does not select a Part 1 box.