Last updated: November 9, 2025.
By Asel Williams, Esq. · Columbia Law School · Licensed immigration attorney
Certain immigrant categories in the U.S. require submission of Affidavit of Support (Form I-864).
Affidavit of Support is a legal contract between the petitioner (a person sponsoring a family member for permanent residency) and the U.S. government.
Petitioners must show readiness and ability to support the immigrant financially for a period of years.
The idea is to demonstrate to the U.S. government that the immigrant is not inadmissible as someone likely to become a “public charge” that is, someone who will need to receive need-based government assistance.
What is “Affidavit of Support”, Form I-864
- Form I-864, also known as Affidavit of Support Under Section 213A of the INA
- This form is required by the immigration law for most family-based and some employment-based immigrants
- Form I-864 purpose is to prove that an immigrant has adequate means of financial support and is unlikely to become a public charge
- Form I-864 ensures that the immigrant will not rely on public assistance programs, such as welfare or Medicaid, for their basic needs
- This affidavit represents the sponsor’s promise to either support the immigrant financially or pay back any government agencies from which the immigrant does claim financial assistance
- Petitioners need to show income and/or assets that are at least 125% of the amount at which someone would be considered to be living in poverty, according to the U.S. government’s Poverty Guidelines
- Sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child must show at least 100% of the current Poverty Guidelines
Who can become an Affidavit of Support sponsor?
Form I-864 must be completed by the petitioner and the following requirements must be met:
- Petitioner must be a U.S. citizen or lawful permanent resident (green card holder)
- Must be age 18 years or older
- Must have an income of 125% above the Poverty Guidelines
- Petitioners who are on active duty in the U.S. Armed Forces, including the Army, Navy, Air Force, Marines or Coast Guard, and who are sponsoring a spouse or unmarried child under 21, only need to have an income of 100% of the Federal poverty line for their household size
- Must prove that the United States is his or her country of domicile (does not apply to petitioners employed by the U.S. government abroad)
What Does Country of Domicile Mean on Affidavit of Support?
A country of domicile is the country where you make your permanent home.
As an Affidavit of Support sponsor, if you live and work in the U.S., then your country of domicile is the United States.
If, as a sponsor, you live outside the United States due to temporary employment, but you have maintained a home in the U.S. and you intend to return to that home, your country of domicile is the United States.
If, as a sponsor, you live outside the U.S. but you intend in good faith to reestablish a domicile in the U.S. no later than the date of the immigrant’s entry into the U.S., you may claim U.S. domicile.
You cannot be a sponsor if you live permanently outside the United States and do not intend to return to the U.S.
Sponsors residing outside the U.S. might be required by the National Visa Center (NVC) to provide proof of their US domicile along with Form I-864.
Learn more: Proof of U.S. Domicile for Form I-864 (Affidavit of Support)
Affidavit of Support – Who needs to submit?
The following categories of immigrants are required by law to submit Form I-864 to successfully obtain a green card:
- All immediate relatives of U.S. citizens (spouses, unmarried children under 21 years of age, and parents of U.S. citizens)
- All family-based preference immigrants:
- F1 category – unmarried sons and daughters of U.S. citizens
- F2A category – spouses and unmarried children under 21 of lawful permanent residents
- F2B category – unmarried children over 21 of lawful permanent residents
- F3 category – married sons and daughters of U.S. citizens
- F4 category – brothers and sisters of U.S. citizens
- Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (5% percent or more) in the company that filed Form I-140
- For marriage-based Green Card applications, you may also need to provide additional evidence to prove the relationship is genuine, such as witness affidavit for marriage proof submitted with Form I-130.
Who isn’t required to submit an Affidavit of Support?
The following categories of immigrants are not required to submit Affidavit of Support (Form I-864). However, they must submit Form I-864W with their Adjustment of Status or DS-260 application:
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Exemption Based on the Child Citizenship Act
Under the Child Citizenship Act (CCA), certain immigrant children will become U.S. citizens automatically, as soon as they become U.S. permanent residents.
This is called the “derivation” of citizenship.
Such applicants do not need an I-864 Affidavit of Support to obtain permanent residence.
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Exemption Based on Self-Petition by Widow(er) of U.S. Citizen
Widows and widowers of U.S. citizens may self-petition for permanent residency, as they file Form I-360 within 2 years of the U.S. citizen’s death and do not remarry.
Widow(ers) are not required to submit an I-864 Affidavit of Support.
Their approved Form I-360 will be enough proof of their exemption from the Affidavit of Support requirements.
If the deceased U.S. citizen filed an I-130 petition before the death, it converts to Form I-360 automatically, though the immigrant will need to inform USCIS in writing of the petitioner’s death first.
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Exemption Based on VAWA Self-Petition
Abused or battered spouses or children self-petitioning for green cards under the Violence Against Women Act (VAWA) are not required to submit Form I-864 Affidavit of Support.
Their approved Form I-360 will be sufficient to prove their exemption from the Affidavit of Support requirement.
Affidavit of Support and Joint sponsors
Unless an immigrant qualifies for one of the exemptions described above, the petitioner must submit Form I-864 even if their income DOES NOT meet the minimum income requirements.
In such a situation, one of the options available is obtaining a joint sponsor, who lives and works in the U.S., whose income and/or assets are equal to at least 125% of the Poverty Guidelines.
The joint sponsor would also sign a separate Form I-864, thereby promising to provide any financial support necessary to assist the main petitioner in supporting the immigrant(s).
Note: even if you obtain a joint sponsor, the main petitioner (who filed Form I-130 or I-140) must still submit their own Form I-864.
Learn more: What is a Joint Sponsor – Affidavit of Support (Form I-864)
Other Affidavit of Support Forms
There are four Affidavit of Support forms:
| Form |
Who needs to file it |
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The following individuals are considered petitioner’s household members:
Note: both Forms I-864 and I-864A must be submitted |
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Who Should Use Form I-864EZ?
Some petitioners can use a simplified version of the I-864 Affidavit of Support, known as I-864EZ.
To use Form I-864EZ instead of Form I-864, a petitioner must meet the following requirement:
- Be the person who filed the original Form I-130
- The immigrant being sponsored is the only one immigrant on Form I-130 (without any derivative spouses or children)
- Show sufficient income to support the immigrant based solely on a salary and/or pension, which amount is shown on the W-2 Form(s) for the most recent year
Following categories of sponsors cannot use Form I-864EZ:
- Joint sponsors
- Petitioners who filed Form I-140
- “Substitute sponsors” filing on behalf of a deceased petitioner, or
- Petitioners sponsoring more than one immigrant on the same I-130
Who Should Use Form I-864A?
If the petitioner’s income is below the 125% of the Poverty Guidelines for their household size, petitioner can use a household member’s income and/or assets.
If a household member is willing to help sponsor the immigrant, they must sign Form I-864A, Contract Between Sponsor and Household Member.
In doing so, a household member promises to provide any financial support necessary to assist the petitioner in financially supporting the immigrant.
Who Should Use Form I-864W?
Form I-864W is used to show that an immigrant is exempt from the Form I-864 requirements.
The following categories of immigrants can file Form I-864W instead of Form I-864:
- Intending immigrants who have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA)
- The intending immigrant is a child who will become a U.S. citizen automatically after becoming a permanent resident
- Widow and widowers of U.S. citizens
- Battered spouses or children (Violence Against Women Act, VAWA)
Affidavit of Support Checklist
Petitioner will need to submit photocopies of the following documents with their Affidavit of Support:
| Required documents |
Description |
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Documents required for all applicants |
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| Proof of US citizenship | If petitioner is a US citizen, submit at least one of the following documents:
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| Proof of permanent resident status | If petitioner is a permanent resident:
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| Tax records |
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Other supporting documents (ONLY if applicable)
- A separate Form I-864A for each household member using assets other than for the intending immigrant
- Proof that the intending immigrant’s current employment will continue from the same source if his or her income is being used
- If you are using the income of persons in your household or dependents to qualify, a separate Form I-864A for each person whose income you will use. However, an intending immigrant whose income is being used needs to complete Form I-864A only if his or her spouse and/or children are immigrating with him or her
- If you are the petitioning sponsor and on active duty in the U.S. Armed Forces or U.S. Coast Guard and are sponsoring your spouse or child using 100% of the Federal Poverty Guidelines, proof of your active military status
- If you are currently self-employed, a copy of your Schedule C, D, E, or F from your most recent Federal income tax return which establishes your income from your business
- If you use your assets or the assets of a household member to qualify, documentation of assets establishing location, ownership, date of acquisition, and value. Evidence of any liens or liabilities against these assets
When Should I File an Affidavit of Support?
Affidavit of Support (Form I-864) must be submitted with:
Affidavit of Support Fees
- No fee if Form I-864 is submitted to USCIS (if the applicant is in the U.S.)
- $120 fee if Form I-864 is submitted to the National Visa Center (if the applicant is outside the U.S.)
Affidavit of Support income requirements in 2025
The following are the minimum income requirements effective beginning Mar. 1, 2025:
For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands:
| Sponsor’s Household Size | 100% of HHS Poverty Guidelines* | 125% of HHS Poverty Guidelines* |
|---|---|---|
| For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child | For all other sponsors | |
| 2 | $21,150 | $26,437 |
| 3 | $26,650 | $33,312 |
| 4 | $32,150 | $40,187 |
| 5 | $37,650 | $47,062 |
| 6 | $43,150 | $53,937 |
| 7 | $48,650 | $60,812 |
| 8 | $54,150 | $67,687 |
| Add $5,500 for each additional person | Add $6,875 for each additional person |
For Alaska:
| Sponsor’s Household Size | 100% of HHS Poverty Guidelines* | 125% of HHS Poverty Guidelines* |
|---|---|---|
| For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child | For all other sponsors | |
| 2 | $26,430 | $33,037 |
| 3 | $33,310 | $41,637 |
| 4 | $40,190 | $50,237 |
| 5 | $47,070 | $58,837 |
| 6 | $53,950 | $67,437 |
| 7 | $60,830 | $76,037 |
| 8 | $67,710 | $84,637 |
| Add $6,880 for each additional person | Add $8,600 for each additional person |
For Hawaii:
| Sponsor’s Household Size | 100% of HHS Poverty Guidelines* | 125% of HHS Poverty Guidelines* |
|---|---|---|
| For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child | For all other sponsors | |
| 2 | $24,320 | $30,400 |
| 3 | $30,650 | $38,312 |
| 4 | $36,980 | $46,225 |
| 5 | $43,310 | $54,137 |
| 6 | $49,640 | $62,050 |
| 7 | $55,970 | $69,962 |
| 8 | $62,300 | $77,875 |
| Add $6,330 for each additional person | Add $7,913 for each additional person |
What if the sponsor doesn’t meet the income requirements?
If a sponsor cannot meet the minimum income requirements, the following options can be considered:
- Obtaining a joint sponsor
- Using petitioner’s assets
- Using intending immigrant’s assets
- Using a household member’s income and/or assets
- Using intending immigrant’s income (limitations apply)
How to use assets
Assets include:
- Money in savings accounts, stocks, bonds
- Real estate property
- Car (only if you have more than one vehicle in the household)
To determine the amount of assets required to qualify:
- Subtract your household income from the minimum income requirement
- Multiply the difference by 5 times or multiply by 3 times (if petitioner is a US citizen and sponsoring a child or spouse)
- You must prove the cash value of your assets is worth the required difference
- For example, a petitioner must show $20,000/year in income. Petitioner’s actual income for the most recent year was $18,000/year. $20,000-$18,000 = $2,000. Petitioner is a permanent resident who is sponsoring his wife. $2,000 x 5 times = $10,000. Petitioner must show ownership of assets in the amount of $10,000 minimum
How do I calculate my household size for Affidavit of Support?
To determine the minimum income required for Form I-864 you must accurately count the petitioner’s household size.
The following individuals must be included in the petitioner’s household size:
- Spouse
- Any unmarried children under 21 (residing with or separately from the petitioner, in the US or abroad)
- Anyone who was claimed as a dependent on the sponsor’s most recent tax return
- The immigrant being sponsored
- Any derivative immigrants (spouse and children of the main immigrant) who plan to immigrate within 6 months, and
- Any other people in the U.S. whom the sponsor supported in the past by filing Form I-864
A sponsor does not have to include people on other Form I-864s who have not obtained their permanent resident status.
Liabilities of Financial Sponsor on Affidavit of Support
The Form I-864 Affidavit of Support is a legally enforceable contract, meaning that either the U.S. government can potentially take the sponsor to court if the sponsor fails to provide adequate financial support to the immigrant.
When the US government sues the sponsor, it can collect enough money to reimburse any public agencies that have given public benefits to the immigrant.
The sponsor’s responsibility will end when the following events happen:
- Immigrant becomes a U.S. citizen
- Immigrant has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about ten years of work)
- Immigrant dies, or
- Immigrant departs the U.S. permanently
Before you agree to financially sponsor an immigrant, consider the following potential liabilities:
- Sponsoring an immigrant spouse cannot end with a divorce when you agree to financially sponsor a spouse, keep in mind that if you eventually get divorced, your sponsorship liability doesn’t end. Even after the divorce, you will still be financially responsible for your former spouse
- The US Government may sue you to recover benefit program costs – if the immigrant receives benefits from certain means-tested assistance programs and you are unwilling to voluntarily repay the debt, you may find yourself in court. Civil suits in reality are extremely rare
- You may have a limited ability to sponsor other immigrants in the future – if you choose to sponsor another immigrant in the future, you will need to count any immigrants that you have already sponsored when calculating your household size. This will increase the minimum level of income that you will need to be eligible to sponsor a new immigrant
- Your liability may not be relieved by bankruptcy – if you are forced to file for bankruptcy due to financial insolvency, you cannot discharge your financial sponsorship obligation like you can with credit card bills and other debts. The liability for the immigrant will continue until the contract expires when they become a U.S. citizen, work for 40 quarters, or leave the U.S. permanently
Filing an Affidavit of Support does not include any liability for the immigrant’s personal debts, bills, or other financial problems.
If the immigrant incurs substantial medical bills, accumulates debt collection accounts, or has to declare bankruptcy, none of these activities would have any effect on you or your personal credit score.
Furthermore, there are still several government assistance programs that sponsored immigrants may qualify for, so he or she isn’t barred from receiving some benefits.
Examples of such government assistance programs include:
- Certain forms of foster-care or adoption assistance under the Social Security Act
- Emergency Medicaid
- Head Start Programs
- Immunizations, testing, and treatment for communicable diseases
- Job Training Partnership Act programs
- Means-tested programs under the Elementary and Secondary Education Act
- Services provided under the National School Lunch and Child Nutrition Acts
- Short-term, non-cash emergency relief
- Student assistance under the Higher Education Act and the Public Health Service Act
If the immigrant in question receives benefits from any of these approved programs, doing so would have no impact on your liabilities as a sponsor.
What Does “Joint Sponsor” Mean on Affidavit of Support, Form I-864?
If the petitioning sponsor does not meet the income requirements, a joint sponsor who can meet the requirements may submit an additional Form I-864 to supplement the sponsor’s income.
The original sponsor still needs to file Form I-864, even if a joint sponsor is being used.
A joint sponsor must be a person and may not be a corporation, organization, or other entity.
If a petitioner or sponsor meets the minimum income requirements, a joint sponsor isn’t required.
Joint sponsor requirements:
- U.S. citizen or permanent resident
- At least 18 years of age; and
- Domiciled in the U.S. or its territories and possessions.
A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.
If the first joint sponsor completes Form I-864 only for some of the family members of the intending immigrant, a second qualifying joint sponsor can sponsor the remaining family members.
There can be a maximum of two joint sponsors.
Each joint sponsor is responsible only for the intending immigrant listed on his/her Form I-864.
Each joint sponsor must individually meet the income requirements, according to Federal poverty guidelines, for his/her household size, without combining resources with the petitioning sponsor or a second joint sponsor.
Any dependents applying for an immigrant visa or adjustment of status more than six months after the immigration of the intending immigrants must be sponsored by the petitioning sponsor but may be sponsored by an original joint sponsor or a different joint sponsor.
Even if one or more joint sponsors submit their I-864, the petitioning sponsor remains legally accountable for the financial support of the sponsored immigrant along with the joint sponsor.
Affidavit of Support Joint Sponsor Checklist
Joint sponsor must submit photocopies of the following documents with their signed Form I-864:
- Proof of income (and assets, if applicable)
- Proof of U.S. citizenship or green card holder status
- If relevant, Form I-864A completed by each individual who will combine their income and/or assets with the joint sponsors to meet the minimum annual income requirement
- Tax records (federal tax return for the most recent year, all relevant W-2 and/or 1099 forms for the most recent year, IRS tax transcript)
What are the obligations of a joint sponsor?
Providing financial support: As a joint sponsor, you are equally responsible as the sponsoring primary sponsor for financially supporting the alien.
Reimbursing the government for the use of public benefits: The purpose of having a financial co-sponsor is to prevent the alien from becoming a public charge.
If an immigrant receives benefits from a federal, state, or local government agency before the joint sponsor’s obligations end, the joint sponsor may be required to repay the amount of those benefits to the agency.
Updating your address: Until the joint sponsor’s obligations end, they must notify USCIS every time they move by filing Form I-865, Sponsor’s Notice of Change of Address.
They must provide their new address within 30 days after relocating.
When will joint sponsor’s obligations end?
Joint sponsor’s responsibilities terminate when the following events occur:
- Immigrant becomes a U.S. citizen
- Immigrant has worked 40 quarters (10 years) in the U.S.
- Immigrant is no longer a green card holder and has left the U.S. (known officially as “abandonment of permanent residence“)
- Immigrant is deceased
- Immigrant obtains a new green card after being placed in removal (deportation) proceedings
Affidavit of Support (I-864) FAQs (Frequently Asked Questions)
How much money is needed for Affidavit of Support?
The exact amount of income required for an Affidavit of Support depends on your household size and the U.S. state where the petitioner resides. For example, for a household size of 2 living in NY, the minimum income required is $26,437. See the full table of minimum income required here.
Does Affidavit of Support need to be notarized?
No, Affidavit of Support does not need to be notarized. Sponsor simply must sign and date the form in ink.
Learn More:
How to Count Household Size for I-864 (Affidavit of Support)