Form I-864
Affidavit of Support Under Section 213A of the INA
Personal Information
Certification
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I-864 Form 2026: Fill Out I-864 Online — Affidavit of Support
Complete USCIS Form I-864 online. Required for most family-based immigrants and some employment-based immigrants. The sponsor pledges to financially support the immigrant at 125% of the federal poverty guidelines.
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What Is I-864 Form (Affidavit of Support Under Section 213A of the INA)?
Complete USCIS Form I-864 online. Required for most family-based immigrants and some employment-based immigrants. The sponsor pledges to financially support the immigrant at 125% of the federal poverty guidelines. This form is issued by the U.S. Citizenship and Immigration Services (USCIS) and is updated periodically to reflect changes in regulations and requirements.
Who Needs to Fill Out I-864 Form?
Form I-864 is required when a U.S. citizen or lawful permanent resident is sponsoring a family member for an immigrant visa or adjustment of status. The petitioning sponsor must file this form for most family-based immigration cases. It is also required for some employment-based cases where a family member filed the immigrant petition or has a significant ownership interest in the petitioning company. The sponsor must demonstrate that their household income meets or exceeds 125% of the Federal Poverty Guidelines (100% for active-duty military sponsors) for their household size.
How to Fill Out I-864 Form: Step-by-Step Instructions
- 1Part 1: Enter your basis for filing — whether you are the petitioner, a joint sponsor, or a substitute sponsor.
- 2Part 2: Provide your personal information including name, mailing address, citizenship status, and Social Security number.
- 3Part 3: Enter information about the immigrant(s) you are sponsoring, including any accompanying family members.
- 4Part 4: List your household size — include yourself, your dependents, anyone you've previously sponsored, and the immigrant(s) on this affidavit.
- 5Part 5: Report your income. Your individual income, household member income (if applicable), and the value of your assets. Income must meet 125% of the Federal Poverty Guidelines for your household size.
- 6Part 6: If using a joint sponsor, they must file a separate I-864. Attach three years of federal tax returns, recent pay stubs, and an employment letter.
- 7Sign the form. This creates a legally enforceable contract between you and the U.S. government — you are agreeing to financially support the immigrant until they become a U.S. citizen, can be credited with 40 qualifying quarters of work, leave the U.S. permanently, or die.
When Is I-864 Form Due?
Form I-864 must be submitted at the time of the immigrant visa interview (for consular processing) or with the Form I-485 application for adjustment of status. It must include tax returns and financial evidence that are current — generally within the last tax year. The form must be valid at the time of the immigrant's admission to the United States.
Penalties for Not Filing I-864 Form
The I-864 is a legally enforceable contract. If the sponsored immigrant receives means-tested public benefits (such as SNAP, Medicaid, or TANF), the sponsoring government agency can sue the sponsor for reimbursement. The obligation lasts until the immigrant becomes a citizen, works 40 qualifying quarters, leaves the country permanently, or dies. Even divorce does not end the obligation.
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I-864 Form Frequently Asked Questions
What income do I need to sponsor an immigrant?+
You must have household income at or above 125% of the Federal Poverty Guidelines for your household size. For 2026, for a household of 2, this is approximately $25,550. For active-duty military sponsors, the requirement is 100% of the poverty guidelines. If your income is insufficient, you can use a joint sponsor or include the value of your assets (assets must be at least 3x the difference, or 5x for siblings/adult children).
How long does the I-864 obligation last?+
The sponsor's financial obligation lasts until the immigrant (1) becomes a U.S. citizen, (2) can be credited with 40 qualifying quarters of Social Security coverage (about 10 years of work), (3) permanently departs the United States, or (4) dies. Importantly, divorce does NOT end the obligation.
Can I use a joint sponsor?+
Yes. If you do not meet the income requirements alone, a joint sponsor can file a separate I-864. The joint sponsor must be a U.S. citizen or lawful permanent resident, be at least 18 years old, and reside in the U.S. They do not need to be related to either the petitioner or the immigrant.
What tax documents do I need to include?+
Include your most recent federal income tax return (or IRS transcript) for the last tax year. You must also include W-2s and 1099s. You are encouraged to include tax returns for the two prior years as well. If you did not file taxes, you must explain why and provide other evidence of income.
What happens if the immigrant uses public benefits?+
The agency that provided the means-tested public benefit can sue the sponsor for reimbursement. The immigrant can also sue the sponsor if the sponsor fails to provide financial support. This is a legally binding contract enforceable in federal or state court.
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