The Affidavit of Support: What USCIS Says About Form I-864 for Family-Based Green Cards

By Pacheco Couceiro

In Brownsville and the Rio Grande Valley, many families petition for a spouse, parent, or child, and sooner or later the petitioner is asked to sign Form I-864, Affidavit of Support. USCIS explains the form on its Affidavit of Support page and its Form I-864 page. This article summarizes what USCIS publishes about who must file, who can sponsor, the income requirement, and the obligations a sponsor accepts. Sources were checked on November 13, 2026. This article does not evaluate any family's case or predict any outcome.

What the affidavit of support is

USCIS describes Form I-864 as a contract in which an individual agrees to use their financial resources to support the intending immigrant named on the affidavit. The person who signs becomes the sponsor when the intending immigrant becomes a lawful permanent resident. The sponsor is usually the petitioner who filed the immigrant petition.

USCIS states that the law is found in Sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA), codified at 8 CFR Part 213a. The statute itself is 8 U.S.C. 1183a.

Current form edition

USCIS reports that it published a new edition of Form I-864 dated 08/24/26 and that, beginning October 1, 2026, it accepts only that edition. USCIS says the new edition includes a privacy release that authorizes it to request information from consumer reporting agencies, and that a credit or security freeze may delay its review. Always check the edition date on the USCIS form page before filing.

Who needs an affidavit of support

USCIS says Form I-864 is required by law for:

Immediate relatives of U.S. citizens, which include parents, spouses, and unmarried children under 21
Family-based preference immigrants: unmarried adult sons and daughters of citizens, spouses and unmarried children of permanent residents, married sons and daughters of citizens, and brothers and sisters of adult citizens, along with their eligible family members
Certain employment-based immigrants when a U.S. citizen or permanent resident relative filed the petition or owns 5% or more of the petitioning entity

Who does not need one

USCIS lists people who do not need to file, including:

An individual who has earned, or can be credited with, 40 qualifying quarters of work under the Social Security Act
A child of a U.S. citizen who would automatically acquire citizenship under INA Section 320 upon admission as a permanent resident
A self-petitioning widow or widower, or a battered spouse or child, with an approved Form I-360
Certain orphans adopted abroad by U.S. citizens, under the conditions USCIS describes

For K-1 fiancé(e)s and K-3 spouses, USCIS says the affidavit is not filed with Form I-129F but later, when the relative adjusts status.

Who can be a sponsor

USCIS says that if you filed the immigrant petition, you must be the sponsor. A sponsor must:

Be at least 18 years old
Be a U.S. citizen or permanent resident
Have a domicile in the United States or a U.S. territory or possession

USCIS explains that domicile usually means you actually live in the United States. A sponsor living abroad may still qualify by showing that the residence abroad is temporary and that the U.S. domicile continues. This matters for families who split time across the border.

Joint sponsors and household members

USCIS describes two ways to add financial support:

Joint sponsor: someone who accepts legal responsibility with you. A joint sponsor must meet the same requirements, except that they need not be related to the immigrant, and must meet the income requirement alone. You cannot combine your income with a joint sponsor's.
Household member: a relative by birth, marriage, or adoption who either is listed as your dependent on your most recent federal tax return or has lived with you for the last 6 months. Each one signs Form I-864A, Contract Between Sponsor and Household Member.

USCIS also describes a substitute sponsor when the petitioner died after the petition was approved and USCIS allows the case to continue.

The income requirement

USCIS says sponsors must show household income equal to or higher than 125% of the U.S. poverty level for their household size. The household includes the sponsor, the sponsor's dependents, relatives living with the sponsor, and the immigrants being sponsored. If the sponsor is on active duty in the U.S. Armed Forces and is sponsoring a spouse or child, the requirement is 100%.

The figures change each year and are published on Form I-864P, HHS Poverty Guidelines for Affidavit of Support. This article does not repeat them.

Using assets

If income falls short, USCIS says the sponsor may add the cash value of assets such as savings, stocks, bonds, and property. Generally, the assets must equal five times the difference between household income and the requirement. USCIS lists exceptions: three times the difference for the spouse, or son or daughter 18 or older, of a U.S. citizen, and an amount equal to the difference for certain orphans coming for adoption.

Form I-864EZ

USCIS offers a shorter Form I-864EZ for certain sponsors. Check that page for current eligibility before choosing it.

Evidence USCIS lists

The Form I-864 page includes a checklist. For all sponsors, USCIS asks for:

A copy of the federal income tax return for the most recent tax year, with W-2s, 1099s, and schedules, or an explanation of why no return was required
Optionally, returns for the most recent three years, recent pay stubs, or an employer letter if they help

For some sponsors, USCIS asks for business schedules if self-employed, Forms I-864A for household members, proof of household relationships and residence, asset documentation, and proof of military status for the 100% rule.

USCIS states that if the tax return or proof that none was required is not provided, the immigrant visa or adjustment may be denied.

What the sponsor is agreeing to

USCIS explains that the sponsor accepts legal responsibility for supporting the sponsored immigrant. The obligation generally lasts until the immigrant:

Becomes a U.S. citizen
Is credited with 40 quarters of work
Dies, or the sponsor dies
Stops being a permanent resident and leaves the United States
Obtains a new grant of adjustment in removal proceedings

USCIS states plainly that divorce does not end the sponsorship obligation. If the sponsored immigrant receives means-tested public benefits, the sponsor may have to repay the agency, and joint sponsors and household members who signed Form I-864A can be liable too.

Change of address

USCIS says sponsors must report a change of address as required by 8 U.S.C. 1183a(d) and 8 CFR 213a.3, and that failing to do so may lead to a civil penalty.

Practical steps

1. Confirm whether the form is required

Check the USCIS lists of who must file and who is exempt.

2. Count the household correctly

List everyone in the household, including the immigrants being sponsored.

3. Compare income with the current guidelines

Use the current I-864P chart, and plan for a joint sponsor, household member, or assets if needed.

4. Gather tax records early

Collect the most recent return or an IRS transcript, W-2s, and 1099s.

5. Use the current edition

Confirm the edition date and fee information on the USCIS form page and the USCIS fee schedule.

6. Keep copies and report moves

Keep a complete copy of what was signed, and report address changes as USCIS requires.

Frequently asked questions

If we divorce, does my obligation end?

No. USCIS says divorce does not end the sponsorship obligation.

Can a friend be a joint sponsor?

USCIS says a joint sponsor does not need to be related to the immigrant, but must meet the other sponsor requirements and the income requirement alone.

Is this filed with USCIS or the consulate?

It depends on the process. USCIS says the sponsor completes the form when the relative is scheduled for an immigrant visa interview abroad or is about to apply for adjustment of status in the United States, and follows any instructions to file with the National Visa Center.

Questions in Brownsville and the Rio Grande Valley

Pacheco Couceiro assists families in Brownsville and South Texas with immigration matters. If your family is preparing a family-based case and wants to understand how the Form I-864 requirements apply to your documents, you can contact the office to review them.

This article is general information, not legal advice. Reading it or contacting the office does not create an attorney-client relationship.

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