Form I-864, Explained

Form I-864, Explained

A Complete Guide to the Affidavit of Support for Green Card Sponsors

By TRW Law Firm – U.S. Immigration Practice Division
Updated: January 31, 2025

Introduction

If you’re sponsoring a family member for a U.S. green card, one of the most important documents you’ll file is Form I-864, the Affidavit of Support. This form is a legally enforceable contract in which a U.S. citizen or permanent resident sponsor agrees to take financial responsibility for the intending immigrant.

The U.S. government uses the Affidavit of Support to ensure that new immigrants will not become public charges and that they will have adequate financial support once granted permanent residence.

This guide by TRW Law Firm will walk you through the purpose, requirements, and responsibilities of Form I-864 — and how to avoid the common pitfalls that delay green card approvals.

What Is Form I-864?

Form I-864 is an official document issued by U.S. Citizenship and Immigration Services (USCIS). It is required in most family-based and some employment-based immigration cases. It demonstrates that the sponsor:

• Has enough income or assets to support the immigrant at a minimum level,
• Agrees to reimburse the government for any public benefits the immigrant may use, and
• Will maintain the immigrant at 125% of the Federal Poverty Guidelines until the sponsorship ends.

This legally binding agreement remains enforceable until specific conditions are met — making it one of the most serious obligations in family-based immigration.

Who Needs to Submit Form I-864?

Form I-864 is required for most applicants applying for a green card through:

• Marriage to a U.S. citizen or green card holder
• Family-based preference categories (e.g., sibling, parent, child)
• Some employment-based categories, when a relative owns 5% or more of the sponsoring business

The main sponsor is usually the petitioner (the U.S. citizen or lawful permanent resident who filed Form I-130 or I-129F). However, additional or joint sponsors may be required if the petitioner doesn’t meet the financial threshold alone.

Who Qualifies as a Sponsor?

To be a primary sponsor for Form I-864, you must:

• Be at least 18 years old
• Be a U.S. citizen or green card holder
• Be domiciled in the United States (or plan to reestablish domicile)
• Show sufficient income or assets to meet the minimum financial requirements

If the primary sponsor doesn’t meet the income requirement, they can enlist:

• A joint sponsor (unrelated to the immigrant),
• A household member (using Form I-864A), or
• The immigrant’s own income, if the income will continue after immigration.

When Is Form I-864 Required?

You’ll need to submit Form I-864 at one of two points in the immigration process:

1. For applicants inside the U.S. (Adjustment of Status):
   Form I-864 is submitted alongside Form I-485.
2. For applicants outside the U.S. (Consular Processing):
   The petitioner submits Form I-864 to the National Visa Center (NVC) after USCIS approves the immigrant petition. The NVC then forwards the I-864 to the relevant U.S. consulate.

Income Requirements for Form I-864

The financial sponsor must show income equal to or above 125% of the Federal Poverty Guidelines (100% for sponsors on active U.S. military duty sponsoring a spouse or child). These guidelines vary based on household size and location.

Household Size

When calculating household size, include:

• The sponsor
• The sponsor’s spouse
• Any dependent children
• Any other dependents claimed on taxes
• The intending immigrant
• Any previously sponsored immigrants (unless the obligation has ended)

Income Sources That Count

• Wages or salary
• Self-employment income
• Pension or retirement income
• Child support or alimony received
• Rental income
• Dividends or interest

If the sponsor’s income is insufficient, they may use:

• The immigrant’s income (if it will continue after green card issuance)
• Household member’s income (via Form I-864A)
• Assets

Using Assets to Qualify

Sponsors can use liquid assets to meet the income requirement shortfall. This includes:

• Savings accounts
• Certificates of deposit
• Stocks and bonds
• Real estate (equity only)

To calculate asset sufficiency:

• For spouses: assets must equal 3 times the income shortfall
• For others: assets must equal 5 times the shortfall

Assets must be readily convertible to cash within one year and belong to the sponsor, the immigrant, or a qualifying household member.

Duration of Financial Responsibility

A sponsor’s financial obligations continue until one of the following occurs:

1. The immigrant becomes a U.S. citizen
2. The immigrant earns 40 quarters (10 years) of U.S. work credit
3. The immigrant dies
4. The sponsor dies
5. The immigrant permanently leaves the U.S.

Divorce does not end the sponsor’s obligation. A sponsor remains liable for reimbursing the U.S. government for certain public benefits used by the immigrant during this time.

Public Benefits and Reimbursement

Under federal law, if the immigrant receives means-tested public benefits, the sponsoring individual may be required to repay the government.

These benefits may include:

• Medicaid (in some states)
• TANF (Temporary Assistance for Needy Families)
• SSI (Supplemental Security Income)

Not all benefits trigger this liability. Sponsors are not required to repay for:

• Emergency Medicaid
• Public school enrollment
• Immunizations and testing
• Children’s Health Insurance Program (CHIP)

USCIS reviews the sponsor’s affidavit as part of the public charge analysis but uses other criteria in parallel, including health, age, education, and skills.

Where and How to File Form I-864

For Adjustment of Status (within the U.S.)

File Form I-864 with:

• Form I-485 (green card application)
• Supporting financial documents (e.g., tax returns, W-2s)
• Form I-864A (if household member income is used)

For Consular Processing (outside the U.S.)

Submit online via the CEAC portal, usually after receiving instructions from the National Visa Center (NVC).

Each sponsor (main or joint) must complete a separate Form I-864 and submit all supporting documentation individually.

Required Supporting Documents

When submitting Form I-864, include:

• Most recent federal tax return (Form 1040)
• W-2 or 1099 forms
• Evidence of current income (e.g., recent pay stubs or letter from employer)
• Proof of U.S. citizenship or permanent residency (passport, naturalization certificate, or green card copy)

If using assets:

• Bank statements
• Property appraisals
• Title deeds
• Proof of ownership and value

If including a household member:

• Form I-864A signed by the household member
• Proof of residency at the same address
• Documentation of that household member’s income or assets

Types of Form I-864

There are several variations of Form I-864, depending on the sponsor’s circumstances:

Form I-864: Standard Affidavit of Support

Used in most cases. Required when a sponsor is submitting evidence for family or employment-based immigrants.

Form I-864EZ

Simplified version. Eligible if:

• Sponsoring only one person
• No joint sponsors or household members are involved
• Only income (not assets) is used

Form I-864A

Required if a household member’s income or assets are being included.

Form I-864W

Used to waive the Affidavit of Support. Possible if:

• The immigrant has 40 quarters of U.S. work
• The immigrant is a child of a U.S. citizen and will become a citizen upon admission
• Other limited exceptions apply

Frequently Asked Questions (FAQs)

Can I file Form I-864 online?

Yes, if your case is processed through the NVC, you can submit the form via the CEAC portal. If you’re filing with USCIS (such as with Form I-485), submit a paper version to the designated USCIS address.

Can a friend or relative be a joint sponsor?

Yes. The joint sponsor does not need to be related to the immigrant. However, they must be a U.S. citizen or permanent resident, at least 18 years old, and domiciled in the U.S.

Each joint sponsor must file a separate Form I-864.

How long is Form I-864 valid?

The sponsor’s obligation continues until one of the termination conditions (e.g., citizenship, 40 quarters, or death) occurs. There is no expiration date on the form once filed with USCIS or NVC, but always use the most current edition.

What if I’ve previously sponsored someone?

Anyone you previously sponsored must be counted in your household size unless your obligation to them has officially ended. This is important in calculating financial eligibility.

When do I file I-864 in a fiancé or K-3 visa case?

You do not file I-864 when submitting Form I-129F for a fiancé or K-3 spouse. Instead, file the I-864 once your partner arrives in the U.S. and files Form I-485 for Adjustment of Status.

Common Mistakes to Avoid

• Using outdated versions of the form
• Submitting incomplete or unsigned forms
• Forgetting to include required tax returns and W-2s
• Incorrectly calculating household size
• Failing to convert foreign assets to U.S. dollars
• Missing CEAC upload deadlines for consular processing cases

How TRW Law Firm Can Help

The Affidavit of Support is a binding contract with legal and financial implications. At TRW Law Firm, we help clients:

• Accurately calculate household income
• Compile documentation
• Identify joint sponsors when needed
• Avoid red flags that could delay or jeopardize green card approval

Whether you’re sponsoring a spouse, parent, sibling, or child, our legal team can ensure your Form I-864 is complete, compliant, and ready for USCIS or NVC review.

Contact TRW Law Firm

Dhaka Office
House 410, Road 29, Mohakhali DOHS

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Rolex Building, Sheikh Zayed Road

London Office
330 High Holborn, City of London

Phone:
+8801708000660
+8801847220062
+8801708080817

Email:
info@trfirm.com
info@trwbd.com
info@tahmidur.com

Website: www.tahmidurrahman.com

Summary Table: Form I-864 at a Glance

Need assistance with Form I-864 or green card sponsorship?
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