Affidavit of support (I-864): income rules and joint sponsors

Who must file

The person who filed the I-130 petition must sign an I-864 even if they have little or no income. The sponsor must be at least 18 years old and domiciled in the United States, meaning the United States is their principal residence. A sponsor living abroad may still qualify if they can show they intend to reestablish domicile in the United States no later than the date the immigrant arrives.

Some immigrants are exempt, for example when they can already be credited with 40 qualifying quarters of work under Social Security rules. In that case Form I-864W may be used instead. An attorney can confirm whether an exemption fits your case.

Meeting the 125% income threshold

The minimum income is published in Form I-864P, which is updated each year when the Department of Health and Human Services releases new poverty guidelines. Because the figures change, look up the current chart on the USCIS website rather than relying on an old number. Active-duty members of the US armed forces sponsoring a spouse or child need to meet only 100% of the guidelines.

Household size is not just the people who live with you. It counts the sponsor, the sponsor's spouse and dependent children, other tax dependents, the immigrants being sponsored, and anyone else the sponsor previously sponsored on an I-864 that is still in effect.

Income is usually documented with the sponsor's most recent federal tax return or IRS transcript, together with proof of current employment such as recent pay statements or a letter from the employer.

• Relatives in your household can add their income by signing Form I-864A.
• The immigrant's own income may count in some circumstances.
• Assets such as savings or property equity can make up a shortfall, generally at a multiple of the gap that depends on the relationship.

Using a joint sponsor

If the petitioner cannot meet the threshold, another person can file a separate I-864 as a joint sponsor. A joint sponsor must be a US citizen, US national or permanent resident, at least 18 years old and domiciled in the United States. They must meet the 125% requirement on their own for their own household size, which includes the sponsored immigrants. Their income cannot be combined with the petitioner's to reach the total.

A joint sponsor takes on the same legal obligation as the petitioner. Ask anyone you approach to read the form carefully before agreeing.

How long the obligation lasts

The support obligation is enforceable by the sponsored immigrant and by government agencies that provide certain means-tested public benefits. It continues until the immigrant becomes a US citizen, can be credited with 40 qualifying quarters of work, permanently leaves the United States and gives up permanent residence, or dies. Divorce does not end it.

Sponsors must report a change of address on Form I-865 while the obligation remains in effect.