Form I-864, the affidavit of support: who must file, who is exempt and what the sponsor promises

What the I-864 is for

US immigration law makes a person inadmissible if they are likely to become a public charge, under section 212(a)(4) of the Immigration and Nationality Act (INA). The USCIS Policy Manual says most immediate relative and family-based immigrants, and some employment-based immigrants, are inadmissible on that ground unless they submit Form I-864.

For those applicants the form is decisive. The Foreign Affairs Manual (9 FAM 302.8) says a properly filed, non-fraudulent I-864 is normally enough to satisfy the public charge rule. It also says the opposite: the “totality of circumstances” cannot overcome the ground when an affidavit is required and the one filed is not sufficient. A job offer to the applicant cannot replace a required I-864.

Sources: USCIS Policy Manual, Volume 7, Part A, Chapter 6, Section D.2; 9 FAM 302.8-2(B)(2) and (B)(3)h

Who must file one

8 CFR 213a.2(a)(2)(i) requires an I-864 for immigrant visa and adjustment of status applications filed on or after 19 December 1997 by someone immigrating as:

• An immediate relative of a US citizen: a spouse, an unmarried child under 21, or a parent of a citizen who is at least 21, including orphans and people admitted as K nonimmigrants who are adjusting status.
• A family preference immigrant in categories F1 to F4.
• An employment-based immigrant, if a relative who is a US citizen or permanent resident filed the petition or has a significant ownership interest in the entity that filed it. A brother or sister triggers the requirement only if they are a US citizen.

Sources: 8 CFR 213a.2(a)(2)(i)(A), (B) and (ii)(A); 8 CFR 213a.2(a)(2)(i)(C)

Who is exempt

The Policy Manual lists applicants who need not file Form I-864:

• Anyone who has earned, or can be credited with, 40 qualifying quarters of work in the United States under the Social Security Act. A spouse can be credited with quarters the other spouse earned during the marriage, and a child with quarters each parent earned before the child turned 18.
• A child who will become a US citizen immediately on entry under the Child Citizenship Act of 2000.
• A widow or widower of a US citizen, and a self-petitioner (or derivative child) under the Violence Against Women Act. 8 CFR 213a.2(a)(2)(ii) also excludes these self-petitions and the family members who accompany or follow them.
• Diversity Visa immigrants, special immigrant juveniles, refugees and asylees adjusting status, people granted T or U nonimmigrant status, and certain qualified aliens under the 1996 welfare law.
• Employment-based immigrants, other than those whose relative filed the I-140 or owns 5% or more of the company that filed it.

Sources: USCIS Policy Manual, Volume 7, Part A, Chapter 6, Section D.2 (exemptions); USCIS Policy Manual, Volume 7, Part A, Chapter 6, Section D.2; 8 CFR 213a.2(a)(2)(i)(A), (B) and (ii)(A)

Who the sponsor is

In a family case the sponsor is the petitioner, the US citizen or permanent resident who filed Form I-130. 9 FAM 504.4 describes the petitioner submitting a signed I-864 to the National Visa Center (NVC). The Policy Manual says officers check that:

• Each sponsor signed the affidavit.
• The sponsor’s income meets or exceeds 125% of the Federal Poverty Guidelines.
• The sponsor filed their most recent year’s tax return. An older year does not substitute. A copy of a return needs the W-2s or 1099s with it; an IRS transcript does not.
• Each sponsor, including a joint sponsor, proved US citizenship or permanent residence.
• Each sponsor is domiciled in the United States or a US territory or possession.

Sources: USCIS Policy Manual, Volume 7, Part A, Chapter 6, Section D.2; 9 FAM 504.4-3(A)(1), 504.4-4(A)(4), 504.4-4(E) and 504.4-5(B)

The income threshold

The test is 125% of the Federal Poverty Guidelines. The Policy Manual says a sponsor on active duty in the US armed forces who is petitioning for a spouse or child needs to meet only 100%. These official sources state the percentage but not the dollar figures, which change each year. Check the current figures in the Form I-864 materials on uscis.gov before preparing the form.

In one narrow situation, the applicant’s own job counts. 9 FAM says it counts toward the 125% only if the applicant has already worked in the same job they will hold after immigrating; their income can then count as part of the sponsor’s, and if family members are immigrating with them, the principal applicant may file Form I-864A, Contract Between Sponsor and Household Member, to help reach the higher income level needed. These official sources do not set out the wider rules for household members.

Sources: USCIS Policy Manual, Volume 7, Part A, Chapter 6, Section D.2 (sponsor income); 9 FAM 302.8-2(B)(2) and (B)(3)h

Using assets

A sponsor whose income falls short can use assets. The Policy Manual says the assets must total:

• For a sponsored spouse: three times the difference between the sponsor’s income and the 125% figure.
• For any other relative: five times that difference.

Sources: USCIS Policy Manual, Volume 7, Part A, Chapter 6, Section D.2

Joint sponsors

If the petitioner’s affidavit does not meet the requirements, a joint sponsor can file a second I-864. The Policy Manual says the officer can issue a request for evidence (RFE) asking for one. Each sponsor files their own affidavit, proves citizenship or permanent residence and must be domiciled in the United States. These official sources do not set out every condition a joint sponsor must meet; check the Form I-864 instructions.

Sources: USCIS Policy Manual, Volume 7, Part A, Chapter 6, Section D.2

What the sponsor is promising

9 FAM 302.8 says the affidavit is enforceable regardless of the sponsor’s actual intent, as long as the person meets the definition of a sponsor and has verifiable resources. It is a binding financial obligation, not a formality.

The statute and regulations that set how long the obligation lasts, and how it is enforced, are not covered by the official sources cited here. This page does not state them; read the Form I-864 instructions before signing.

Sources: 9 FAM 302.8-2(B)(2) and (B)(3)h

Employment-based cases where it applies

For an employment-based immigrant, the requirement turns on who filed the petition. 8 CFR 213a.2 refers to a citizen or permanent resident relative who filed it or has a “significant ownership interest” in the entity that filed it. The Policy Manual’s exemption list puts it as a relative who filed the Form I-140 or owns 5% or more of the firm that filed it. 9 FAM says only a small percentage of employment-based immigrant visa applicants need an I-864.

An EB-1A or National Interest Waiver self-petition is filed by the immigrant, not by a relative. Where a family member’s company files an employment-based petition instead, check this rule early.

Sources: 8 CFR 213a.2(a)(2)(i)(C); USCIS Policy Manual, Volume 7, Part A, Chapter 6, Section D.2 (exemptions); 9 FAM 302.8-2(B)(2) and (B)(3)h

Where the form goes

Abroad, the petitioner submits the I-864 and supporting financial documents to NVC, which reviews them before the interview. 9 FAM 504.4-4(E) says all applicants in cases covered by INA 213A must submit a properly completed I-864. Some cases are scheduled with gaps in the financial documents, which then have to be brought to the interview; others are not scheduled until everything is in.

In the United States, USCIS lists Form I-864 or the shorter Form I-864EZ among the documents filed with Form I-485.

Sources: 9 FAM 504.4-3(A)(1), 504.4-4(A)(4), 504.4-4(E) and 504.4-5(B); USCIS: Green Card for Immediate Relatives of U.S. Citizen

Government fees

As of the eCFR issue of 21 October 2026, 22 CFR 22.1 lists an affidavit of support review fee of $120, charged by the State Department “only when reviewed domestically”. 9 FAM 504.4-3(A)(1) says that, for some visa classifications, the National Visa Center sends the petitioner an Affidavit of Support fee bill, which is paid online before the form is completed. The schedule does not say whether the fee is charged per person or per case. USCIS Form G-1055 (edition 10/16/26) lists a $0 filing fee for Form I-864 filed with USCIS. Fees change; check the State Department and USCIS fee pages. Any lawyer or accountant fees are separate.

Sources: 22 CFR 22.1, item 34; 9 FAM 504.4-3(A)(1), 504.4-4(A)(4), 504.4-4(E) and 504.4-5(B); USCIS: Form G-1055, Fee Schedule, edition 10/16/26 (Form I-864)

Timing

These official sources give no review time for the I-864. For adjustment, the Policy Manual says an older tax return is not acceptable in place of the most recent year’s. For cases abroad, 9 FAM 504.4-4(A)(4) says the affidavit stays valid indefinitely, but the consular officer may ask for updated tax information if concerned that the sponsor no longer meets the poverty guidelines.

Sources: USCIS Policy Manual, Volume 7, Part A, Chapter 6, Section D.2; 9 FAM 504.4-3(A)(1), 504.4-4(A)(4), 504.4-4(E) and 504.4-5(B)

Where cases commonly stall

• An older tax return in place of the most recent year.
• A copy of a return filed without the W-2s or 1099s.
• A sponsor or joint sponsor who is not domiciled in the United States.
• Relying on the applicant’s job offer instead of a required I-864.

Sources: USCIS Policy Manual, Volume 7, Part A, Chapter 6, Section D.2; 9 FAM 302.8-2(B)(2) and (B)(3)h

How Visa Trouble can help

We can point you to official information, but we don’t assess or prepare affidavits of support or family-based green card applications. Free route discovery at Visa Trouble can show routes worth comparing if your plans go beyond this one. Visa Trouble is not a law firm and does not give legal advice.