Affidavit of Support I-864: Complete Guide

The Affidavit of Support is a legally binding contract in which a sponsor agrees to financially support the immigrant. Required for most family-based categories and some employment-based cases. The sponsor agrees to maintain the immigrant at 125% of federal poverty guidelines until the immigrant: • Becomes a U.S. citizen • Completes 40 qualifying quarters of work (10 years) • Leaves the United States permanently • Dies

Required for: • Family categories (IR-1, IR-2, IR-5, F1–F4) • Some employment-based cases (if a relative owns 5%+ of the employer) NOT required for: • EB-1A, EB-2 NIW self-petitioners • Asylees and refugees • Diversity Visa winners • VAWA self-petitioners Important: Even when I-864 is not required by category, the immigrant must demonstrate self-sufficiency (INA 212(a)(4)).

Primary sponsor: • U.S. citizen or LPR who filed the petition (I-130) • Must maintain U.S. domicile • Income at least 125% of federal poverty guideline Joint sponsor: • Can be used if primary sponsor does not meet income requirements • Any U.S. citizen or LPR • Does not need to be a relative • Each sponsor completes a separate I-864 • Both sponsors bear full responsibility Tip: Even if sponsor income appears sufficient — consider a backup joint sponsor if there is any doubt.

125% Federal Poverty Guidelines for sponsor's household plus immigrant: For 48 contiguous states (2025): • 2 persons: $25,550 • 3 persons: $32,275 • 4 persons: $39,000 • 5 persons: $45,725 • 6 persons: $52,450 • 7 persons: $59,175 • 8 persons: $65,900 Alaska and Hawaii have higher amounts. Countable income: • W-2 wages • Self-employment income • Rental income • Unemployment benefits • Dividends, interest • Pension, retirement Assets (stocks, real estate, deposits) may be used — typically 3× the gap between required and actual income.

Income documents (provided by sponsor): • Most recent tax return (1040) — copy or IRS transcript • W-2 or 1099 for the most recent year • Employment verification letter: - Job title - Length of employment - Salary (annual/hourly) - Full-time or part-time status • Pay stubs for the last 3–6 months If self-employed: • Schedule C / Schedule SE • Business bank statements • Business tax returns For joint sponsor: • Separate I-864 form • All the same income documents

When a joint sponsor is needed: • Primary sponsor does not meet 125% federal poverty guideline • Sponsor wants additional protection • Primary sponsor lacks U.S. domicile Joint sponsor requirements: • U.S. citizen or LPR (lawful permanent resident) • Permanent U.S. domicile • Income at least 125% of federal poverty guidelines for their household plus immigrant Important: • Joint sponsor bears the same legal obligation as the primary sponsor • If immigrant receives public benefits — sponsor must reimburse the government • Obligation lasts until naturalization, 40 quarters of work, departure, or death Acceptable relationships: • Any relatives (parents, siblings, children) • Friends • Colleagues • Strangers (if willing)

2025 update: Form I-864W (affidavit exemption) has been eliminated. Exemption requests are now filed directly on the revised I-485 form. Who may qualify for exemption: • Immigrant has 40 qualifying quarters (10 years of U.S. work) • Immigrant is a child who will acquire citizenship under INA 320 • Self-petitioning widows/widowers (VAWA) Documents for exemption: • Social Security earnings statement • W-2s for all years of work • Other proof of U.S. employment

Avoid these errors: ❌ Insufficient income without a joint sponsor ❌ Incorrect household size ❌ Sponsor without U.S. domicile ❌ Unsigned form ❌ Incomplete tax documents ❌ Employment letter missing required details ❌ Using assets without ownership documentation ✅ Best practices: • Accurate household size calculation • Complete tax document package • Detailed employment verification letter • Consider a backup joint sponsor • Verify domicile requirements • Document assets if using them