I-864 Affidavit of Support 2026: Income Rules and Sponsors

What the I-864 Is

Form I-864, Affidavit of Support under Section 213A of the INA, is the contract a sponsor signs promising to use their financial resources to support the intending immigrant. It is not a formality. Under USCIS's own description, it is a legally enforceable contract, and the sponsor's responsibility generally lasts until the sponsored immigrant dies, becomes a US citizen, is credited with 40 qualifying quarters of work, or stops being a lawful permanent resident and leaves the United States.

Two consequences surprise sponsors. First, divorce does not end the obligation. Second, if the sponsored immigrant receives means-tested public benefits, the agency that paid them can seek repayment from the sponsor, and if the sponsor does not pay, that agency can sue and recover the cost plus legal fees. A more recent edition of Form I-864 also includes a privacy release letting USCIS request information from consumer reporting agencies to assess whether the affidavit is sufficient.

The I-864 is required in most family based immigrant visa and adjustment of status cases, and in a narrow set of employment based cases where a US citizen or permanent resident relative filed the petition or holds a significant ownership interest in the petitioning employer.

Who Must File Form I-864

The petitioning relative who filed the immigrant petition on the intending immigrant's behalf is normally the sponsor and must be the primary signer. USCIS lists the required filers as:

• All immediate relatives of US citizens, meaning spouses, parents, and unmarried children under 21.
• Relatives immigrating through the family preference categories F1 through F4.
• Certain employment based immigrants where a US citizen or permanent resident relative filed the petition or holds at least a five percent ownership interest in the petitioning entity.

The sponsor must be at least 18 years old, be a US citizen, US national, or lawful permanent resident, and have a domicile in the United States. A sponsor living abroad may still qualify if the residence abroad is temporary and US domicile is maintained. Some intending immigrants do not need an affidavit at all, such as those credited with 40 qualifying quarters of work.

The 125 Percent Income Rule and 2026 Figures

The sponsor must show household income equal to or higher than 125 percent of the federal poverty guidelines for the household size. If the sponsor is on active duty in the US armed forces and is petitioning for a spouse or child, the threshold drops to 100 percent. The figures come from Form I-864P. Following the HHS update effective March 1, 2026, the 125 percent line for the 48 contiguous states, the District of Columbia, and Puerto Rico begins as follows:

Add 7,100 dollars for each additional person above a household of eight on the 125 percent line. Alaska and Hawaii use higher figures, so sponsors in those states should read the I-864P table directly. If income falls short, the sponsor can use assets: the requirement is generally five times the difference between household income and the 125 percent threshold, reduced to three times that difference when the sponsored immigrant is the spouse or adult son or daughter of a US citizen. Confirm the current numbers at the USCIS I-864P page before filing.

How Household Size Is Counted

Household size drives the threshold, and miscounting it is a common cause of a deficient affidavit. USCIS counts the sponsor, the sponsor's dependents, any relatives living with the sponsor, and the immigrants being sponsored. The practical list usually includes:

• The sponsor.
• The sponsor's spouse.
• Dependents claimed on the most recent federal tax return.
• Any other relatives living in the household for the last six months.
• The intending immigrant and any accompanying dependents being sponsored.

If the sponsor is using the income of a household member or dependent to qualify, that person must complete Form I-864A and be counted in the household. Forgetting to count a spouse or a relative who lives in the home inflates the apparent margin over the threshold and invites a deficiency notice.

Joint Sponsors and Household Members

When the petitioner's income alone is insufficient, a joint sponsor can help. A joint sponsor must meet all the same requirements as the petitioning sponsor, except the joint sponsor does not need to be related to the immigrant. Critically, the joint sponsor must reach the 125 percent requirement on their own, or together with their own household, because a joint sponsor's income cannot be combined with the petitioner's to meet the threshold. The joint sponsor files a separate Form I-864.

A joint sponsor must be at least 18, a US citizen, US national, or lawful permanent resident, and domiciled in the United States. Joint sponsors and household members who sign are jointly and severally liable for the support obligation, meaning they can be pursued independently for the full amount even if the petitioning sponsor is not. A substitute sponsor is a narrower option used when the visa petitioner has died after petition approval and USCIS allows the case to continue.

I-864EZ and I-864A Variants

There are two important variants. Form I-864EZ is a shorter affidavit for the simplest cases. It is designed for a petitioner who filed the underlying I-130, is the only sponsor, relies solely on their own W-2 or employment income, and has a household made up only of the sponsor and the sponsored immigrant or immigrants. If any of those conditions fails, the full I-864 is required.

Form I-864A is not an affidavit of support on its own. It is a contract between the sponsor and a household member who agrees to make their income or assets available to support the immigrant. Each household member whose income the sponsor counts completes a separate I-864A, and a new edition takes effect on October 1, 2026, along with the updated I-864 and I-864EZ. Using the wrong edition after that date can trigger a deficiency notice.

Public Charge Context in 2026

The affidavit of support sits inside the larger public charge framework, and that framework changed in 2026. On July 16, 2026, DHS announced a final rule rescinding the 2022 public charge regulations; the rule was formally published on July 20, 2026, and took effect on September 18, 2026 for adjustment of status applications postmarked or electronically submitted on or after that date.

Under the updated USCIS guidance, officers making public charge determinations weigh five statutory factors: age, health, family status, assets and financial status, and education and skills. Form I-864 is one input among those factors. A sufficient affidavit of support is considered favorably, while a deficient one counts against the applicant. The guidance reiterates that no single factor is normally determinative except the lack of a sufficient affidavit of support, which can alone support a public charge finding.

For benefits received before September 18, 2026, USCIS considers only cash assistance for income maintenance and long-term institutionalization; for benefits received on or after that date, it may consider any means-tested benefit. If the only ground of inadmissibility is the likelihood of becoming a public charge, USCIS may invite the applicant to post a public charge bond using Form I-945. Because the 2026 changes are recent and fact-specific, families with borderline incomes should get counsel; review our marriage green card guide for how the affidavit fits the wider case.

Evidence to Submit With the I-864

The sponsor must document income and household composition. The core evidence is:

• The most recent federal income tax return or IRS transcript, plus every W-2 and 1099 filed with it. Transcripts are preferred over return copies because they are harder to dispute.
• Proof of current employment, such as recent pay stubs and a letter from the employer.
• Proof of status for the sponsor, or for a joint sponsor or substitute sponsor: a birth certificate, passport, naturalization certificate, or both sides of a green card.
• Form I-864A from each household member whose income or assets are used, with that person's own tax return and proof of residency and relationship.
• Asset documentation if assets are used, establishing ownership, location, date acquired, value, and any liens.

USCIS will confirm income and assets with employers, financial institutions, the IRS, and the Social Security Administration, and falsifying an affidavit can lead to denial and criminal prosecution. Submit the most recent tax year as a required item, with up to three years available if that strengthens the case, and file the current form edition. Confirm the current fee situation with the USCIS fee calculator and the visa trackers page while the case moves.

Frequently Asked Questions