Filing Form I-864 correctly can make the difference between a smooth green card approval and months of delays or potential denial. This legally binding document requires sponsors to demonstrate they can financially support their immigrant family members at 125% above the federal poverty line—but knowing how to fill out Form I-864 properly involves much more than just meeting income thresholds.
With USCIS rejecting incomplete applications and issuing Requests for Evidence (RFEs) for improperly completed affidavits, understanding every section, required document, and common pitfall becomes crucial for success. Whether you’re sponsoring a spouse, parent, child, or other qualifying relative, this comprehensive guide will walk you through exactly how to fill out Form I-864 with confidence, ensuring your application meets all requirements and moves forward without unnecessary delays.
Understanding Form I-864: What It Is and Why It Matters
Form I-864, officially titled “Affidavit of Support Under Section 213A of the INA,” serves as a legally enforceable contract between the sponsor and the U.S. government. Most family-based immigrants and some employment-based immigrants use this form to show they have adequate means of financial support and are not likely to rely on the U.S. government for financial support.
Legal Obligations and Consequences
An Affidavit of Support is legally enforceable. The sponsor’s financial responsibility usually lasts until the applicant either becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work (usually 10 years) under the Social Security Act. This means sponsors take on significant, long-term financial obligations that courts can enforce.
By signing Form I-864, the petitioner (including any joint sponsor(s)) is agreeing to use their resources, if necessary, to financially support the beneficiary and any dependent(s). If the sponsored immigrant receives certain government benefits, agencies can seek reimbursement from the sponsor.
When Form I-864 Is Required
All family-based applicants are required to submit the Affidavit of Support form, along with the supporting documents. However, certain categories are exempt:
- Intending immigrants who have earned 40 qualifying quarters of work in the U.S.
- Intending immigrants who will acquire U.S. citizenship upon admission under section 320 of the INA
- Self-petitioning widows or widowers under specific circumstances
- Asylum seekers and refugees (different form requirements apply)
Determining Which Form Version to Use
Form I-864 vs. Form I-864EZ
When filing Form I-864, it’s important to make sure you fill out the correct form. If you are filing Form I-130 (Petition for Alien Relative) for multiple relatives, or Form I-140 (Petition for Immigrant Worker) for an employment-based green card, then you will need to use Form I-864.
If you are filing Form I-130 for only one person, such as your spouse or one of your relatives, and you will not need a joint sponsor, then you may be able to use Form I-864EZ instead of Form I-864.
Related Forms You May Need
If you need to include the income of one of your household members to meet the requirements for financial support, then you may need to file Form I-864A (Contract Between Sponsor and Household Member) together with Form I-864.
If you are filing as a joint sponsor, then you will need a separate Form I-864 for each sponsor.
Income Requirements and Poverty Guidelines
Understanding the 125% Rule
The financial sponsor must have an annual income that is at least 125% of the Federal Poverty Guidelines. The more people there are in your household, the higher your income will need to be to meet the requirements.
2025 Poverty Guidelines
As of the latest update (effective March 2025), a sponsor in the U.S. must earn at least $26,437 per year to support a two-person household (sponsor and one immigrant). Larger households require higher incomes – for example, a family of four requires about $40,187 per year.
The poverty guideline figures are updated every year and are commonly known as Form I-864P when published by USCIS. USCIS typically adopts the new HHS guidelines in the first quarter of each year; for instance, the 2025 HHS Poverty Guidelines for Affidavit of Support became effective on March 1, 2025.
Regional Variations
The required income levels vary based on the sponsor’s household size and also the state or territory. The poverty guidelines for Alaska and Hawaii are higher due to the elevated cost of living. For instance, the 125% threshold for a household of four is $50,237 in Alaska and $46,225 in Hawaii, compared to $40,187 in the 48 contiguous states.
Calculating Household Size
Household size on the I-864 includes the sponsor, the sponsored immigrant, and all other dependents or household members counted for support. This means the minimum required income increases with each additional person in the household.
Pre-Filing Preparation and Document Gathering
Essential Documents Checklist
The following documents are needed for Affidavit of Support:
- Petitioner’s most recent federal tax return or IRS tax transcript
- Petitioner’s most recent W-2 and/or 1099 form(s)
- Proof of U.S. citizenship or permanent resident status
- Employment verification (if applicable)
- Asset documentation (if using assets to meet requirements)
Tax Documentation Strategy
Although the U.S. petitioner of an immigrant does have options in the case of supplying financial documentation with the USCIS Form I-864, some options might be more convincing than others. USCIS gives U.S. sponsors the choice of submitting only one year’s tax information or submitting up to three years’ worth.
If, for example, you have been promoted at your job for the last three years, so that your current year’s income is higher than the previous two years’, there is no reason to submit anything more than the most recent year’s tax returns.
IRS Tax Transcripts vs. Tax Returns
As to the format for submitting the required information with Form I-864, copies of your own tax returns are acceptable, but U.S. immigration officials know that it wouldn’t take much for someone to forge these. Therefore, they prefer to receive actual tax transcripts, which are generated by the IRS and show detailed information of your federal tax filings.
Tax transcripts are often preferred because they are certified by the IRS and easier for USCIS to verify.
Step-by-Step Instructions for Filling Out Form I-864
General Formatting Requirements
Type or print answers in black ink only. Enter “N/A” if an answer is not applicable and “NONE” if your answer is zero. Foreign language documents must be accompanied by a full English certified translation.
Form I-864 does not need to be notarized. However, the form must have the sponsor’s actual signature in black ink. Do not use a digital signature.
Part 1: Basis for Filing Affidavit of Support
Sponsor must choose only one of the following boxes:
1.a. I am the petitioner. I filed or am filing for the immigration of my relative – choose this box if you are a US citizen or permanent resident and have filed Form I-130 to sponsor your family member.
1.b. I filed an alien worker petition of behalf of the intending immigrant, who is related to me as my ___________ – choose this box if you are an employer who filed Form I-140 on behalf of a spouse, child, adult son or daughter, brother, or sister.
Additional options include substitute sponsor situations and joint sponsor circumstances. Choose the option that accurately describes your relationship to the intending immigrant and your role in the petition process.
Part 2: Information About You (The Sponsor)
Complete personal information section accurately:
- Full legal name (as it appears on tax returns)
- Mailing address
- Physical address (if different from mailing address)
- Date of birth
- Place of birth
- Social Security Number
- Phone numbers and email address
Citizenship and Immigration Status: Indicate whether you are:
- U.S. citizen by birth
- U.S. citizen by naturalization
- Lawful permanent resident
Include relevant document numbers (such as Alien Registration Number if applicable).
Part 3: Information About the Immigrant You Are Sponsoring
Provide complete information about the intending immigrant:
- Full name (exactly as it appears on immigration documents)
- Date of birth
- Country of birth
- Country of citizenship
- Alien Registration Number (if available)
- Current address
Relationship to sponsor:
- Spouse
- Parent
- Child
- Sibling
- Other (specify relationship)
Part 4: Information About Your Household Size
This section is crucial for determining income requirements:
Count all individuals who:
- Live in your household
- Are claimed as dependents on your tax return
- Will be sponsored by you (including the current beneficiary)
Include:
- Yourself (the sponsor)
- Your spouse (if living with you)
- Your unmarried children under 21 living with you
- Other dependents claimed on your tax return
- The intending immigrant(s) you are sponsoring
- Other sponsored immigrants for whom you have not yet been released from obligations
Do not count:
- Adult children who don’t live with you
- Dependents who don’t live with you and aren’t claimed on your taxes
- Household members who file their own tax returns and don’t contribute to support
Part 5: Sponsor’s Income and Employment
Employment Information:
- Current employment status
- Employer name and address
- Job title
- Start date
- Annual salary
Self-Employment: If self-employed, provide:
- Type of business
- Name of business
- Business address
- Annual net income from business
Income from All Sources: Report your total income from:
- Employment wages
- Self-employment net income
- Interest and dividends
- Rental income
- Retirement benefits
- Other sources
Use the income figures from your most recent tax return for consistency with supporting documentation.
Part 6: Sponsor’s Assets
If your income doesn’t meet the 125% poverty guideline requirement, you can use assets to qualify. Assets must equal five times the difference between your income and the required income level.
Document the following assets:
- Cash in savings and checking accounts
- Stocks, bonds, and certificates of deposit
- Real estate (minus mortgages and liens)
- Life insurance cash value
- Other valuable assets
For each asset, provide:
- Location of asset
- Current value
- Date of acquisition
- Evidence of ownership
Part 7: Sponsor’s Liabilities and Debts
List all significant debts and liabilities:
- Credit card debt
- Student loans
- Auto loans
- Mortgages
- Other significant debts
This section helps USCIS understand your net worth and financial stability.
Part 8: Sponsor’s Signature
Critical signing requirements:
- You must sign the form in ink. Stamped or typed signatures are not accepted
- Scanned copy of an original signature is acceptable
- Date must be current
- Print your name clearly
By signing, you acknowledge understanding of:
- Your legal obligations as a sponsor
- Potential liability for government benefits used by the sponsored immigrant
- Duration of sponsorship obligations
Parts 9 and 10: Interpreter and Preparer Information
For Interpreter (Part 9): If someone interpreted during form preparation, they must:
- Provide their complete contact information
- Sign and date the form
- Certify their interpretation was accurate
For Preparer (Part 10): If another person translated or prepared the affidavit for you, be sure Parts 9 and 10 are filled in and signed appropriately.
If you prepared the form yourself, you can leave Part 10 blank.
Supporting Documentation Requirements
Core Financial Documents
Submit a copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income.
When submitting Form I-864, sponsors are generally required to include the following tax-related documents:
- Most recent federal tax return (Form 1040)
- All W-2 forms from employers
- All 1099 forms for other income
- All schedules filed with tax return
Proof of Status Documents
If you are a joint sponsor, substitute sponsor, or the relative of an employment-based immigrant requiring an affidavit of support, proof of your U.S. citizenship status, lawful permanent resident status, or U.S. national status is required.
For U.S. citizens or U.S. nationals:
- Copy of birth certificate
- U.S. passport
- Certificate of Naturalization or Citizenship
For lawful permanent residents:
- Copy of both sides of Form I-551 (Green Card)
Additional Income Documentation
If using household member income: A separate Form I-864A for each person whose income you will use. However, an intending immigrant whose income is being used must complete Form I-864A only if their spouse and/or children are immigrating with them.
Additional required documents for household members: Proof of each household member’s residency in your household and relationship to you if they are not the intending immigrants or are not listed as dependents on your federal income tax return for the most recent tax year.
Asset Documentation
If you use your assets or the assets of a household member to qualify, documentation of assets establishing location, ownership, date of acquisition, and value must be submitted.
Required for each asset:
- Bank statements (most recent quarter)
- Property appraisals or tax assessments
- Stock/bond certificates or brokerage statements
- Life insurance policy documentation
- Evidence of any liens or liabilities against these assets
Common Mistakes and How to Avoid Them
Form Completion Errors
Incomplete Information To ensure your Form I-864 is accepted at a lockbox, fill out the form completely and accurately. Every field must be completed appropriately. Use “N/A” for non-applicable fields rather than leaving them blank.
Signature Issues Don’t forget to sign your form. We will reject any unsigned form. Ensure the signature is original and in black ink.
Outdated Form Versions Current edition of form: make sure that you are using the current edition of the Form I-864. The most current edition is available on the USCIS website. USCIS will reject any outdated editions of the form.
Income Calculation Mistakes
Household Size Errors Many sponsors incorrectly calculate household size, leading to wrong income requirements. Calculating the correct household size is an important step in using the poverty guidelines.
Income Source Omissions Report all income sources consistently with tax returns. Discrepancies between Form I-864 and tax documentation trigger RFEs.
Asset Valuation Issues When using assets to meet requirements, provide current market values with supporting documentation. Outdated appraisals or inflated values cause problems.
Documentation Problems
Inconsistent Tax Information Tax returns provide a verified record of a sponsor’s income over the past few years, offering USCIS a clear picture of their financial capability. Ensure all tax-related documents match and are complete.
Missing Supporting Documents USCIS will deny your Form I-485 application and fees will not be refunded if your Form I-485 application lacks a signed Affidavit of Support with all required evidence.
Translation Deficiencies If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator.
Special Circumstances and Situations
Military Sponsors
If you are the petitioning sponsor and on active duty in the U.S. armed forces or U.S. Coast Guard and are sponsoring your spouse or child using 100% of the Federal Poverty Guidelines, provide proof of your active military status.
Active duty military sponsors benefit from reduced income requirements (100% instead of 125% of poverty guidelines) but must provide military service documentation.
Joint Sponsors
When the primary sponsor cannot meet income requirements, joint sponsors provide additional financial support. If you are filing as a joint sponsor, then you will need a separate Form I-864 for each sponsor.
Joint sponsor requirements:
- Must be U.S. citizen or permanent resident
- Must be at least 18 years old
- Must meet 125% poverty guideline independently
- No family relationship required
- Takes on same legal obligations as primary sponsor
Self-Employed Sponsors
If you are currently self-employed, a copy of your Schedule C, D, E, or F from your most recent Federal income tax return which establishes your income from your business is required.
Additional documentation for self-employed sponsors:
- Business tax returns
- Profit and loss statements
- Business bank statements
- Contracts or client agreements
Using Intending Immigrant’s Income
Proof that the intending immigrant’s current employment will continue from the same source if their income is being used must be provided.
Requirements for using beneficiary income:
- Job offer letter or employment contract
- Letter from employer confirming continued employment
- Evidence of professional qualifications
- Form I-864A if spouse/children are also immigrating
Filing Procedures and Timelines
Where to File
Adjustment of Status Applications: The completed and signed Form I-864 must be filed together with Form I-485. The Form I-485 mailing address depends on the category you are filing under.
Consular Processing Applications: If you received Form I-864 through the National Visa Center (NVC), you can submit it online through the Consular Electronic Application Center (CEAC).
Timing Requirements
Form I-864 must be submitted within one year of the sponsor’s signature. If submitted after a year, a new I-864 form will be required.
However, if the supporting documents are over a year old, the USCIS might request to provide new supporting documents, such as the most recent federal income tax returns (Form 1040), new W-2 forms and other proof of current income.
Processing Expectations
The processing time for Form I-864 currently is around 8.7 months, but will vary depending on your situation. Note that Form I-864 is submitted as part of a family-based green card application, so the processing time is how long it takes for your green card application to be approved.
Tips for Success
Organization Strategies
When providing supporting documents with Form I-864, submit photocopies ONLY. If you submit original documents when not required or requested by USCIS, your original documents may be immediately destroyed upon receipt by USCIS.
Package organization tips:
- Create a cover letter listing all included documents
- Organize documents in the order listed in instructions
- Use paper clips instead of staples when possible
- Make copies of everything for your records
Quality Control Checklist
Before submission, verify:
- All sections completed accurately
- Current form edition used
- All required signatures present and in black ink
- Supporting documents match form information
- Translations include proper certification
- Correct filing location and fees
Professional Assistance Considerations
The best way to ensure your green card application doesn’t get delayed is to file all your paperwork correctly the first time around. Consider professional help for:
- Complex income situations
- Multiple sponsors needed
- Asset valuation questions
- Prior immigration issues
- Language barriers
Frequently Asked Questions
Can I file Form I-864 online? It is not possible to e-file the I-864 affidavit. Adjustment of status applicants will mail the form to USCIS. Consular processing applicants can submit the form online to the National Visa Center.
Do I need to notarize Form I-864? Form I-864 does not need to be notarized. However, the form must have the sponsor’s actual signature in black ink.
What if my income decreases after filing? Sponsors should notify USCIS of significant income changes. Updated financial documentation may be required.
Can I withdraw my sponsorship? Sponsorship obligations are legally binding and generally cannot be withdrawn once the immigrant is admitted to the U.S.
What happens if I don’t meet the income requirement? Options include using assets, adding household member income via Form I-864A, or finding a joint sponsor.
Moving Forward With Confidence
Learning how to fill out Form I-864 properly requires attention to detail, thorough documentation, and understanding of the legal commitments involved. This form represents more than paperwork—it’s a binding contract that affects both sponsors and immigrants for years to come.
Key takeaways for success:
Start preparation early to gather all required documents and verify income requirements using current poverty guidelines. Sponsors should always refer to the most current I-864P to determine the exact income requirement for their situation.
Ensure accuracy and completeness in every section, as Important: if Form I-485 will be submitted without the properly completed and signed Form I-864, USCIS will deny your application.
Consider professional guidance for complex situations, as the long-term legal and financial implications make proper completion crucial.
Final preparation steps:
Review your completed form multiple times before signing. If you need extra space to complete any item on Form I-864, go to the last page of the form – Part 11 Additional Information.
Organize all supporting documents according to USCIS requirements and keep copies for your records.
Submit your application to the correct address with proper fees and tracking to ensure receipt.
Understanding how to fill out Form I-864 correctly positions you for immigration success while protecting your financial interests. Whether you’re sponsoring a spouse, parent, child, or other family member, thorough preparation and accurate completion of this critical form paves the way for family reunification and a successful immigration journey.
Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Immigration law is complex and constantly changing, and each case has unique circumstances that require individual analysis. The information contained in this article should not be relied upon as a substitute for professional legal counsel. Always consult with a qualified immigration attorney licensed in your jurisdiction for advice regarding your specific situation. The authors and publishers of this article make no representations or warranties regarding the accuracy, completeness, or timeliness of the information provided and disclaim any liability for actions taken based on the content herein.
