USCIS Forms · Updated May 2026
Form I-864: Affidavit of Support
The financial contract every sponsoring spouse signs. What the income requirement means in dollars, what to do when income falls short, and how long the obligation lasts.
TL;DR
Form I-864 (the Affidavit of Support) is the financial contract the U.S. citizen or green card holder doing the sponsoring signs to promise the U.S. government that the immigrant spouse will not rely on public assistance. The 2026 income requirement is $27,050 per year for a household of two (125% of the federal poverty guideline, effective March 1, 2026). If income falls short, a joint sponsor or assets can fill the gap. There is no USCIS filing fee. The legal obligation continues even after divorce and lasts until the immigrant becomes a U.S. citizen, earns 40 qualifying work quarters, permanently leaves the U.S., or dies.
At a glance
| What it is | A legally binding financial contract between the sponsoring spouse and the U.S. government |
| Who files it | The sponsoring U.S. citizen or green card holder; a joint sponsor files a separate I-864 if the petitioner's income falls short |
| USCIS filing fee | $0 when filed with the green card application packet (Adjustment of Status, or AOS). $120 National Visa Center (NVC) fee for embassy-abroad cases (Consular Processing) |
| 2026 income floor (household of 2) | $27,050/year (125% of the 2026 HHS poverty guideline, effective March 1, 2026) |
| When the obligation ends | Immigrant becomes a U.S. citizen, earns 40 qualifying work quarters, permanently departs, or dies |
| Does divorce end the obligation? | No. Courts have enforced the I-864 against former sponsors after divorce. |
Income thresholds are current as of May 2026. Always verify at uscis.gov/i-864p before filing.
What Form I-864 is, in plain English
Form I-864 is the Affidavit of Support, the financial contract that appears in nearly every marriage-based green card case. By signing it, the U.S. citizen or green card holder doing the sponsoring makes a legal promise to the U.S. government: if the immigrant spouse ever needs means-tested public benefits (like Medicaid or food assistance), the sponsor will pay the government back.
The form exists because Congress decided that immigrants admitted through family sponsorship should not become a financial burden on the public. The sponsor is the backstop. That is not a figure of speech. Courts have upheld I-864 enforcement claims, and the obligation is real.
The I-864 is not a one-time signature that expires after the green card arrives. The commitment lasts years, sometimes decades, and it continues through divorce. Anyone signing should understand what they are agreeing to.
Who has to file Form I-864
The sponsoring spouse (the U.S. citizen or green card holder, sometimes called the petitioner) must file I-864 regardless of whether their income meets the threshold. There is no exception for low earners. The form is required; what varies is whether a second person (a joint sponsor) also needs to file.
The immigrant spouse does not file an I-864. They are the beneficiary of the contract, not the party making the promise.
Joint sponsor
Files a completely separate Form I-864 using their own income. Needed when the petitioner's income alone does not meet the 125% threshold. Can be anyone (parent, sibling, friend, colleague) who meets the eligibility requirements.
Household member (Form I-864A)
Uses Form I-864A (Contract Between Sponsor and Household Member) to add their income to the petitioner's. Different from a joint sponsor: must live with the petitioner, and their income combines with the petitioner's rather than qualifying independently.
The 2026 income requirement
The petitioner's household income must reach at least 125% of the HHS Federal Poverty Guidelines for their household size. The guidelines update every January; USCIS applies the new numbers starting March 1. The table below reflects the 2026 guidelines, effective March 1, 2026, for the 48 contiguous states and D.C. Alaska and Hawaii have higher thresholds.
| Household size | Standard (125% FPG) | Active-duty military (100% FPG) |
|---|---|---|
| 2 | $27,050 | $21,640 |
| 3 | $34,150 | $27,320 |
| 4 | $41,250 | $33,000 |
| 5 | $48,350 | $38,680 |
| 6 | $55,450 | $44,360 |
| 7 | $62,550 | $50,040 |
| 8 | $69,650 | $55,720 |
| Each additional person | +$7,100 | +$5,680 |
Source: HHS Annual Update of the Poverty Guidelines, Federal Register (Jan. 17, 2025, effective March 1, 2026); USCIS I-864P. Verify the current table at uscis.gov/i-864p each year before filing.
What counts as household size
Household size for I-864 purposes is not just the people living in the home. USCIS counts all of the following, regardless of where they physically live:
- 1The petitioner (the sponsoring spouse)
- 2The petitioner's spouse, if married (even if they are the immigrant being sponsored)
- 3Any children the petitioner claims as dependents on their federal tax return, including unmarried children under 21
- 4Any other people the petitioner claims as tax dependents on their most recent return
- 5Any immigrants the petitioner has previously sponsored on an I-864 whose obligation is still active
- 6All immigrants included in the current petition
A common trap
If you sponsored a parent or sibling years ago and that obligation is still active, they count in your household size today. More people in the household means a higher income threshold, and sponsors sometimes fail to account for prior sponsorship obligations when calculating whether they qualify.
What income counts
USCIS looks at the petitioner's current annual income from lawful sources.
Income that counts
- Wages and salaries
- Net self-employment income (from Schedule C, after deductions, not gross revenue)
- Retirement income, pensions, Social Security benefits
- Alimony and child support received (if continuing at least 3 more years)
- Investment income: dividends, capital gains, rental income
Income that does not count
- Means-tested public benefits (Medicaid, SSI, SNAP, TANF, housing assistance)
- Unemployment compensation
- Income from illegal sources
For self-employed petitioners
The figure USCIS uses is adjusted gross income from IRS Form 1040, not gross revenue. A petitioner whose business earns $80,000 but who reports $30,000 adjusted gross income after deductions qualifies based on the $30,000 figure. Submit Schedule C along with the 1040 so the officer can follow the math.
If the income falls short: three options
If the petitioner's income is below the threshold for their household size, the case is not blocked. Three paths can bridge the gap.
Option 1: Add a joint sponsor
A joint sponsor is any U.S. citizen or lawful permanent resident (green card holder) who independently meets the 125% income requirement and agrees to take on the same legal obligation as the petitioner. The joint sponsor must be at least 18, domiciled in the United States, and file a completely separate Form I-864 with their own supporting documents. They do not need to be related to either spouse.
Option 2: Count a household member's income
If someone who lives with the petitioner earns income, their income can be added to the petitioner's using Form I-864A (Contract Between Sponsor and Household Member, also free to file). Unlike a joint sponsor, the household member's income combines with the petitioner's to reach the threshold together. The household member must live with the petitioner and sign their own I-864A with their own tax documents.
Option 3: Use assets
Liquid assets (savings accounts, money market accounts, stocks, bonds, and real property equity) can substitute for income that falls short.
- U.S. citizens sponsoring a spouse or child: assets must equal 3 times the income shortfall
- All other sponsors: assets must equal 5 times the income shortfall
Documents the petitioner must submit
Each petitioner and each joint sponsor must include their own set of income documents with their signed I-864.
| Document | Notes |
|---|---|
| Federal tax return (IRS Form 1040) | Most recent tax year. IRS-issued tax transcript preferred. Include all schedules, especially Schedule C if self-employed. |
| W-2s and 1099s | All W-2s and 1099s from the most recent tax year. |
| Recent pay stubs | Last 3 to 6 months showing year-to-date earnings. |
| Employer letter | On company letterhead: current employment status, start date, and annual salary or hourly rate. |
| Self-employed: profit and loss statement | Current-year profit and loss statement plus 6 months of business bank statements. |
If using assets: bank statements (last 3 to 6 months), investment account statements, home appraisal, and mortgage statement. If using prior-year tax returns because the most recent return is not yet filed: include a written explanation and all three prior years' returns.
How to file Form I-864
There is no separate USCIS filing fee for the I-864. The form is always submitted as part of a larger packet.
Adjustment of Status (filing from inside the U.S.)
The signed, dated I-864 goes into the I-485 packet (the Application for Adjustment of Status, the green card application itself) along with all supporting documents. Both the petitioner's I-864 and any joint sponsor's separate I-864 are included in the same packet. For the full checklist, see the Adjustment of Status guide.
Consular Processing (embassy interview abroad)
After USCIS approves the I-130 petition (the family petition that opens the case), the National Visa Center (NVC) collects documents including the I-864. There is a $120 NVC fee for reviewing the I-864 in consular processing. The petitioner uploads the signed I-864 and supporting documents through the NVC's online portal.
Always download a fresh copy
USCIS periodically releases new form editions and rejects packets that use an outdated version. Download the current edition of Form I-864 from uscis.gov/i-864 on the day you compile the packet.
The legal obligation: what sponsors underestimate
The I-864 is a binding contract between the sponsor and the U.S. government. By signing, the petitioner (and any joint sponsor) agrees to financially support the immigrant at or above 125% of the poverty guideline for as long as the obligation remains active.
If the immigrant spouse receives means-tested public benefits, the government agency providing those benefits can sue the sponsor in federal court to recover the cost. The immigrant spouse can also sue the sponsor directly if the sponsor fails to provide required support.
When the obligation ends
The I-864 obligation ends when any of these occur:
- 1The immigrant becomes a U.S. citizen
- 2The immigrant earns 40 qualifying quarters of work credit under Social Security (roughly 10 years of work)
- 3The immigrant permanently departs the United States and abandons lawful permanent resident status
- 4The immigrant dies
- 5The sponsor dies (the sponsor's estate does not inherit the obligation)
Divorce does not end the obligation
This is the most common misconception about the I-864. Divorce has no legal effect on the financial support obligation. A petitioner who divorces their immigrant spouse is still bound by the I-864 until one of the five terminating events above occurs. Courts have enforced I-864 obligations against former sponsors. In a 2025 California appellate case (Adeyeye v. Faramaye), the court held that the sponsor's obligation is reduced by whatever income the immigrant actually earns: the sponsor must top up to 125% of the poverty guideline, not pay a flat amount regardless of the immigrant's own income. A divorced immigrant spouse who earns $10,000 per year but is owed $27,050 to reach 125% of the guideline for a household of one can pursue the former sponsor for the $17,050 gap.
The address-change requirement
Once you file an I-864, you are required to notify USCIS of any address change within 30 days using Form I-865. This obligation continues as long as the I-864 is active. Sponsors who move and do not update their address face a civil penalty of $250 to $2,000 per violation.
Common mistakes and how to avoid them
Most RFEs (letters from USCIS asking for more documents) on I-864 come from a small set of avoidable errors.
- 01
Miscounting household size
The most frequent source of RFEs (letters from USCIS asking for more documents). Forgetting prior I-864 obligations is the usual error. If you sponsored a parent five years ago and they have not yet become a citizen or worked 40 quarters, they still count in your household size today.
- 02
Using the wrong income figure for self-employment
Self-employed petitioners often write in their gross business revenue. USCIS uses adjusted gross income from the 1040 (the number after deductions). Submit the full 1040 with all schedules so the officer can follow the math.
- 03
No current proof of income
A single tax return is not enough. USCIS also wants recent pay stubs (last 3 to 6 months) and an employer letter. A return from 14 months ago may reflect income that has changed, and USCIS will ask for more.
- 04
Using a household member's income without Form I-864A
If you plan to count a parent's or roommate's income, that income requires its own Form I-864A signed by that person. Listing someone else's income on the I-864 without an I-864A triggers an RFE every time.
- 05
Assuming the joint sponsor's income adds to the petitioner's
It does not. The joint sponsor qualifies independently. An officer who sees a petitioner earning $15,000 and a joint sponsor earning $20,000 does not add them. The joint sponsor alone must meet the 125% threshold for their own household size.
- 06
Using an outdated form edition
USCIS has rejected entire packets because the I-864 inside used a form edition that had expired. Download the current edition from uscis.gov on the day you compile the packet.
- 07
Sending the joint sponsor's form without supporting documents
A joint sponsor's I-864 needs the same supporting documents as the petitioner's: tax return, W-2s, pay stubs, employer letter. The form alone is not enough.
- 08
Missing signatures or dates
The I-864 is rejected if unsigned or undated. The petitioner's signature certifies, under penalty of perjury, that the information is true. Review every signature line before mailing.
Frequently asked questions
Who can be a joint sponsor?
Any U.S. citizen, U.S. national, or lawful permanent resident (a green card holder) who is at least 18, domiciled in the United States, and independently meets the 125% income threshold for their own household size. No family connection is required. A friend, colleague, or neighbor can serve as joint sponsor.
What is the income requirement for Form I-864 in 2026?
The petitioner's household income must equal or exceed 125% of the HHS Federal Poverty Guidelines for their household size. For a household of two in 2026, that is $27,050 per year. For a household of three, $34,150. These numbers reflect the 2026 guidelines, effective March 1, 2026. Active-duty military members sponsoring a spouse or minor child qualify at 100% ($21,640 for a household of two in 2026). Source: USCIS I-864P.
Does the I-864 obligation expire after the green card arrives?
No. The I-864 remains active until: the immigrant becomes a U.S. citizen, earns 40 qualifying quarters of work credit under Social Security, permanently departs the U.S. and abandons lawful permanent resident status, or dies. The sponsor's obligation also ends if the sponsor dies.
Can the immigrant spouse use their own income toward the I-864 threshold?
Only in limited circumstances. The immigrant's income can count if they are already authorized to work in the U.S. and will continue working for the same employer or in the same occupation after receiving the green card. This is a narrow exception and is not available to most applicants who are currently outside the U.S. or do not yet have work authorization.
What happens if the sponsor does not support the immigrant?
The immigrant spouse can sue the sponsor in federal or state court. Government agencies that provided means-tested benefits can also seek reimbursement from the sponsor. The I-864 is a written contract with the U.S. government, and courts have enforced it consistently.
Is Form I-864 required for consular processing cases?
Yes. Consular Processing (the path for immigrants who apply through a U.S. embassy abroad) also requires Form I-864. The petitioner submits the form to the National Visa Center (NVC) after the I-130 petition is approved. There is a $120 NVC fee for reviewing the I-864 in consular processing cases.
What is Form I-864EZ?
Form I-864EZ is a shorter version of the I-864 for petitioners who are the original petitioner on the I-130, are sponsoring only one immigrant, and whose income comes entirely from wages or salary (W-2 income). If self-employed, sponsoring multiple immigrants, or using assets, the full Form I-864 is required.
Can a prenuptial agreement end the I-864 obligation?
No. Neither a prenuptial agreement nor a divorce judgment can terminate or modify the I-864 obligation. It is a federal contract with the U.S. government, and private agreements between the spouses do not bind the government.
Key takeaways
- ✓
Form I-864 is a federal contract, not a formality. Sponsors who sign take on a legal financial obligation that can be enforced in court.
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The 2026 income floor for a household of two is $27,050 per year (125% of the HHS poverty guideline, effective March 1, 2026). Verify updated numbers at uscis.gov/i-864p each year before filing.
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A joint sponsor can be any U.S. citizen or lawful permanent resident (green card holder) who independently meets the threshold. They do not need to be related to either spouse.
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The joint sponsor files a completely separate I-864. Their income does not combine with the petitioner's; they must qualify on their own.
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If income falls short, a U.S. citizen sponsoring their spouse can use assets worth 3 times the income shortfall instead (5 times applies to other relatives).
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Divorce does not end the I-864 obligation. The commitment lasts until the immigrant becomes a citizen, earns 40 qualifying work quarters, permanently departs, or dies.
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Prior I-864 obligations for other immigrants you sponsored count toward your household size today, even if those relatives no longer live with you.
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There is no USCIS filing fee for the I-864 when filed with an AOS packet. Consular processing cases pay a $120 NVC fee.
How Green Card Genius fits
Green Card Genius is self-help immigration software built specifically for marriage-based green card cases. The software walks you through plain-English questions, builds your USCIS forms based on your answers, and assembles the full packet for you to review and sign. The one-time fee is $99, and the Denial Protection Guarantee returns the $99 service fee if USCIS denies the application. Government filing fees go directly to USCIS and are separate.
Green Card Genius is not a law firm and does not provide legal advice.
This guide 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. Information is current as of May 2026; verify fees, income thresholds, and eligibility rules at uscis.gov before filing.
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