Form I-864 guide: Affidavit of Support Under Section 213A of the INA

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

The official name of I-864 is Form I-864, Affidavit of Support Under Section 213A of the INA, commonly called the "affidavit of support." It is published by U.S. Citizenship and Immigration Services (USCIS). For adjustment of status inside the United States it is submitted to USCIS with I-485; in consular processing it is submitted to the Department of State's National Visa Center (NVC) and reviewed by the embassy or consulate.

In family-based immigration, I-864 is a required step after the I-130 is approved and before the green card is issued. Its purpose is to show that the immigrant will not become a "public charge": the sponsor promises to support the sponsored immigrant under certain conditions and takes on legal obligations to the government and to the sponsored immigrant. I-864 is not an ordinary proof of financial means but a legally binding contract, and it should be fully understood before signing.

At a glance

Item	Details
Official name	Form I-864, Affidavit of Support Under Section 213A of the INA
Agency	Adjustment of status in the U.S.: USCIS; consular processing: NVC / U.S. embassy or consulate
Who signs	The sponsor: usually the U.S. citizen or green card holder who filed the I-130 (the petitioner), plus a joint sponsor if needed
When to file	In the U.S.: together with I-485 (or later when requested); abroad: at the NVC stage after I-130 approval
Online filing?	Not on USCIS's list of forms available to file online; in consular processing it is uploaded to the NVC's online system; follow the official guidance
Related forms	I-864A (household member contract), I-864EZ (short version), I-864P (poverty guidelines), I-865 (sponsor's change of address)
Official page	uscis.gov/i-864

Important changes in 2024–2026

I-864W discontinued (December 2024): when USCIS released the new edition of I-485 on December 10, 2024, it announced that I-864W (request for exemption from the affidavit of support) was discontinued. Applicants adjusting status in the United States who are exempt from filing I-864 now check the box and explain the basis for the exemption on the I-485 form itself. How to show an exemption in consular processing follows current Department of State / NVC guidance.
New 2026 editions of I-864, I-864A and I-864EZ: at the end of August 2026, USCIS released new editions (edition date 08/24/26) that add a privacy authorization allowing USCIS to obtain the sponsor's credit report and credit score from credit bureaus to assess whether the support is sufficient. Under the schedule USCIS announced, the transition period ran through September 30, 2026, and starting October 1, 2026, only the new editions are accepted. A sponsor who has a credit freeze in place should lift it promptly when asked. Follow the current instructions on the official page.
Public charge rule changes: in July 2026, the Department of Homeland Security issued a final rule rescinding the 2022 public charge regulation in favor of a totality-of-the-circumstances, case-by-case assessment, and requiring the new edition of I-485 starting September 18, 2026. I-864 remains a statutory requirement and still one factor in the overall assessment, but the standard of review may change. Policies like these have changed often in recent years; check the latest rules before filing.
Payment methods: starting October 28, 2025, USCIS generally switched to electronic payment for paper filings, which applies to fee-bearing forms filed at the same time, such as I-485; whether I-864 itself involves a fee follows the official fee schedule.

Who needs to submit I-864

Required

Family-based immigration: immediate relatives of U.S. citizens (spouses, minor children, parents) and immigrants in all family preference categories (F1, F2A, F2B, F3, F4);
Adjustment of status after K-1 entry: the K-1 visa stage usually uses I-134, but I-864 must be submitted when filing I-485 after the marriage;
Some employment-based immigration: when the employer filing the I-140 is a relative of the beneficiary, or a relative owns 5% or more of the employer, that relative must submit I-864.

Not required (exempt or not applicable)

The beneficiary already has (or can be credited with) 40 quarters of U.S. Social Security work (quarters worked by a spouse during the marriage, and by a parent while the beneficiary was under 18, can be counted);
The beneficiary is the child of a U.S. citizen and will automatically acquire U.S. citizenship under the Child Citizenship Act (INA section 320) upon becoming a permanent resident on entry;
Widow(er)s and abused spouses / children (VAWA) self-petitioning on I-360;
Most employment-based immigrants (EB-1, EB-2 and EB-3 where the employer is not related to the beneficiary), EB-5, refugees and asylees adjusting to a green card, most diversity visa cases and so on are not subject to I-864 (follow the requirements for each category).

These exemptions used to be requested on I-864W; applicants adjusting status in the United States now request the exemption on I-485 (see above).

Legal basis

INA section 213A: the legal effect of the affidavit of support, the sponsor's obligations, when they end, and how they are enforced.
INA section 212(a)(4): the public charge ground of inadmissibility; for family-based immigrants and certain employment-based immigrants, failing to submit a compliant I-864 is in itself a ground of inadmissibility.
8 CFR part 213a: detailed rules on sponsor eligibility, income calculation, household size, joint sponsors, I-864A and so on.

Sponsor requirements and the income standard

Who can be a sponsor

A U.S. citizen, U.S. national or green card holder;
At least 18 years old;
Domiciled in the United States, meaning their principal residence is in the United States. A U.S. citizen who has lived abroad long-term must show that they have re-established, or will re-establish before or at the time of the immigrant's entry, a domicile in the United States, or that the residence abroad is temporary;
The petitioner who filed the I-130 must sign I-864 even if their income is insufficient; a joint sponsor makes up the shortfall.

Income standard

The sponsor's household income generally must be at least 125% of the federal poverty guidelines; for a sponsor on active duty in the U.S. armed forces sponsoring their own spouse or child, the standard is 100%. The poverty guidelines are updated every year and vary by household size and location (Alaska and Hawaii have separate figures); rely on the current version of the I-864P poverty guidelines published by USCIS.

How household size is counted

Household size usually includes: the sponsor; the sponsor's spouse; the sponsor's unmarried children under 21; dependents claimed on the sponsor's tax return for the most recent tax year; immigrants previously sponsored whose sponsorship obligation has not ended; the immigrants being sponsored now (including accompanying family members); and any other relatives who voluntarily share the obligation through I-864A. Miscounting household size is one of the most common mistakes — the larger the household, the higher the income required.

Three ways to deal with insufficient income

Use household members' income: a relative who lives with the sponsor (or a relative claimed as a dependent on the tax return) signs I-864A, and their income is combined with the sponsor's.
Make up the shortfall with assets: assets of the sponsor, household members or the sponsored immigrant that can be converted to cash within one year can be counted. Generally they must equal 5 times the income shortfall; for a U.S. citizen sponsoring a spouse or a child 18 or older, 3 times the shortfall. Real estate and similar assets are counted at net value after deducting loans, with appraisals and proof of ownership; which assets can be counted follows the instructions.
Joint sponsor: find another person who meets the sponsor requirements (they need not be a relative) to sign a separate I-864, meeting the standard independently on their own income and household size. A case can have up to two joint sponsors (for example, one for the principal applicant and one for accompanying family members); the arrangement follows the instructions.

The sponsored immigrant's own income can also be counted when the conditions are met: it is from a lawful source, will continue after they obtain the green card, and they live with the sponsor (different rules apply to a spouse).

What I-864A, I-864EZ and I-864W are

Form	Purpose	When it applies
I-864	Affidavit of support (standard version)	Most situations; joint sponsors always use I-864
I-864A	Contract Between Sponsor and Household Member	When the sponsor relies on a household member's income or assets, that household member and the sponsor sign it together; the household member is jointly and severally liable for the support obligation. When the sponsored immigrant's own income is counted, I-864A is generally required only if there are accompanying family members
I-864EZ	Short-form affidavit of support	Can be used only if all of the following are met: the sponsor is the petitioner who filed the I-130; only one person in that I-130 is being sponsored; and the standard is met solely on the sponsor's own wage or pension income, without assets or household members' income
I-864W	Request for exemption from the affidavit of support (discontinued)	Discontinued from December 2024; applicants adjusting status in the U.S. now request the exemption on I-485
I-864P	Poverty guidelines (not a form to fill out)	Income standards table updated every year
I-865	Sponsor's notice of change of address	A sponsor who moves while the obligation is in effect must report it to USCIS within 30 days

Filling it out, part by part

Part 1: Basis for Filing

Check the capacity in which you are sponsoring: the petitioner who filed the I-130, a relative employer who filed the I-140, a relative who owns 5% or more of the employer, a substitute sponsor after the petitioner's death, a joint sponsor, and so on. Checking the wrong capacity makes the entire affidavit invalid.

Parts 2–3: Principal immigrant and accompanying family members

The principal immigrant's name, date of birth, A-Number, etc.; each family member immigrating with the principal and covered by this I-864 must be listed. In consular processing, family members who follow to join later may need a separate copy or a new affidavit; follow NVC requirements.

Part 4: Sponsor's information

The sponsor's name, address, country of domicile, date of birth, Social Security number, citizenship or green card status, whether on active military duty, and so on. A sponsor with an address outside the United States must specifically explain their U.S. domicile.

Part 5: Household Size

Fill in each line according to the rules above and add them up. Common mistakes include leaving out people previously sponsored, leaving out dependents on the tax return, or counting relatives who do not live with you and have not signed I-864A.

Part 6: Employment and income

Current occupation and employer; if self-employed, describe the business;
Current individual annual income: give your actual current income (not simply copied from the tax return);
Income of household members who signed I-864A;
Total income on the federal tax return for the most recent tax year (and additional years as the instructions require). For the self-employed, the figure after business expenses on the tax return generally controls;
If you did not file because you were not required to, explain why.

Part 7: Assets

Complete this when income is insufficient, listing assets of the sponsor, household members and the sponsored immigrant, with proof of value and ownership.

Part 8: Sponsor's contract, statement and signature

This part sets out the sponsor's legal obligations. The 2026 edition adds a credit report authorization clause; read it carefully before signing. The sponsor must sign by hand; signing means accepting the terms of the contract.

Parts 9–11: Interpreter, preparer, additional information

If someone interpreted or prepared the form, complete the corresponding sections; additional information goes on the supplemental page with item numbers noted.

Evidence to include

Tax records: the federal tax return or IRS tax transcript for the most recent tax year, plus W-2s, 1099s and the like; additional years can be included when needed. Only federal returns are needed; state returns generally are not;
Proof of current income: employer letter and recent pay stubs; for the self-employed, business registration, bank statements, etc.;
Proof of status: a copy of the U.S. passport, birth certificate, Certificate of Naturalization or green card (joint sponsors need this too);
Proof of domicile: a sponsor living outside the United States should include evidence of maintaining or re-establishing a U.S. domicile;
Proof of assets: bank and brokerage statements, real estate appraisals and loan balances, etc., showing the sponsor's ownership of the assets;
For I-864A: proof of the household member's relationship and shared residence, and their own tax and income documents;
Active-duty military: if the 100% standard applies, proof of active duty.

Chinese-language asset documents of the sponsor or sponsored immigrant (for example, a bank deposit certificate from China) must come with an English translation; see Translation requirements. Whether such assets can be counted, and how to show they can be converted to cash, requires a case-by-case assessment.

How to file and fees

Adjustment of status in the U.S.: I-864 is filed with USCIS together with I-485; rely on the official USCIS fee schedule for fees;
Consular processing: after paying the affidavit of support fee at the NVC stage, upload I-864 and evidence through the NVC's online system; rely on the Department of State's current published fees;
Fees and addresses change; rely on the official I-864 page, the USCIS fee schedule (G-1055) and the Department of State's pages. See How to check fees and processing times.

Review after filing

I-864 is not "approved" on its own; it is reviewed as part of the I-485 or immigrant visa. Common outcomes include: a Request for Evidence (RFE) during the I-485 review asking for the latest tax return or a joint sponsor (see How to respond to an RFE); in consular processing, the NVC asks for more documents if the file is incomplete, and if the consular officer considers the support insufficient at the interview, issuance may be held under INA section 221(g) pending additional documents. Check processing times on the USCIS processing times page.

The support obligation: how long it lasts and when it ends

The sponsor's obligation takes effect once the immigrant obtains the green card, and generally continues until one of the following happens:

The sponsored immigrant becomes a U.S. citizen;
The sponsored immigrant has worked (or can be credited with) 40 quarters in the United States;
The sponsored immigrant loses permanent resident status and departs the United States;
The sponsored immigrant obtains permanent resident status again through adjustment of status as relief in removal proceedings (based on a new affidavit);
The sponsored immigrant dies; the sponsor's death also ends future obligations but does not discharge liability that already accrued.

Divorce does not end the support obligation. While the obligation lasts, the sponsored immigrant can sue the sponsor under the contract for support at 125% of the poverty guidelines; if the sponsored immigrant receives certain federal means-tested public benefits, the government agency that provided the benefits can seek reimbursement from the sponsor. A sponsor who moves must file I-865 within 30 days.

Common problems and misconceptions

Thinking you don't have to sign if your income is insufficient — the petitioner who filed the I-130 must sign I-864;
Leaving previously sponsored immigrants out of the household size;
Using an older edition that is no longer accepted (especially from October 1, 2026);
Joint sponsors thinking they are "just helping with proof," not understanding that they bear the same legal obligations;
Thinking that divorce or separation ends the support obligation.

Frequently asked questions

Can a sponsor who lives in China sponsor?

The sponsor must be domiciled in the United States. A U.S. citizen who has lived abroad long-term must show that the residence abroad is temporary, or that they have re-established (or will re-establish before the immigrant's entry) a domicile in the United States — for example by renting a home, finding a job or opening a bank account in the United States. If this cannot be met, a joint sponsor living in the United States is usually needed, but the petitioner must still sign I-864.

Does a joint sponsor have to be a relative?

No. Any U.S. citizen, U.S. national or green card holder who is at least 18 and domiciled in the United States can be a joint sponsor, as long as they independently meet the 125% standard on their own income and household size. A joint sponsor bears the same legal obligations as the main sponsor.

Can the beneficiary's own income or savings be used?

Yes, when the conditions are met. The sponsored immigrant's own assets can be counted; their income can also be counted if it is from a lawful source, will continue after they obtain the green card, and meets requirements such as living with the sponsor. Income from unauthorized employment in the United States generally cannot be counted.

When can I-864EZ be used?

When the sponsor is the petitioner who filed the I-130, is sponsoring only one person in that petition, and meets the standard solely on their own wage or pension income, the short-form I-864EZ can be used. If assets or household members' income are needed, or there are accompanying family members, use I-864.

Does a K-1 visa use I-864 or I-134?

At the K-1 visa interview stage, the consulate usually asks for the I-134 Declaration of Financial Support; when the beneficiary files I-485 after entering and marrying, I-864 must be submitted. The two are different in nature; see the I-134 guide.

The beneficiary has worked lawfully in the U.S. for many years. Is I-864 still needed?

If the beneficiary (together with any creditable quarters of a spouse or parents) already has 40 Social Security work quarters, an exemption can be requested. For adjustment of status in the United States, request the exemption on I-485 and attach the Social Security record.