When sponsoring someone for a green card, filing Form I-864, Affidavit of Support, is one of the most important—and misunderstood—parts of the immigration process. USCIS uses this form to ensure that the intending immigrant won’t become a public burden and that the sponsor has sufficient income or assets to support them.
Mistakes on Form I-864 are one of the most common reasons for Request for Evidence (RFE) or delays in green card processing. This article breaks down how to fill out and file the I-864 correctly, who needs to file it, how income is calculated, and what documents to include.
What Is Form I-864?
Form I-864 is a legally binding contract between the sponsor and the U.S. government. By signing it, the sponsor agrees to financially support the immigrant if necessary and repay the government for certain public benefits the immigrant might receive.
It’s required for most family-based immigration cases and some employment-based ones when the employer is also a relative.
Who Needs to File Form I-864?
Required when:
- A U.S. citizen or green card holder is sponsoring a relative for a green card
- The sponsor is filing Form I-130 or is part of the petition process
The person who files the petition (usually the U.S. citizen spouse, parent, or child) must also file the I-864.
Additional sponsors may be needed if:
- The petitioner doesn’t meet the income requirements
- A joint sponsor is required
- The intending immigrant has a spouse or children applying with them
Each household member or joint sponsor must submit their own I-864 (or I-864A if combining income).
Step-by-Step: How to Fill Out Form I-864
You can download the latest version of Form I-864 from the USCIS website. Make sure you’re using the most up-to-date form.
Part 1: Relationship to Immigrant
- Indicate whether you’re the petitioning sponsor or a joint sponsor
- Use the same name format as your petition (I-130, etc.)
Part 2: Immigrant Being Sponsored
- Include the name and A-number (if available) of the primary immigrant
- If sponsoring additional family members, complete Supplement A or additional forms
Part 3: Household Size
- Count yourself, your dependents, the person you’re sponsoring, and anyone else you financially support
- Be accurate—household size determines income threshold
Part 4: Sponsor’s Income and Employment
- List current employer(s) and annual income
- Use your most recent tax return to verify income (Form 1040, W-2, or 1099s)
- If self-employed, include business tax documents or Schedule C
You’ll need to meet at least 125% of the Federal Poverty Guidelines for your household size.
Part 5: Assets (if income is not enough)
If your income falls short, you can list assets such as:
- Cash savings
- Stocks, bonds, or mutual funds
- Real estate equity (not including your residence)
- Automobiles (only one unless absolutely necessary)
USCIS generally requires assets to equal 5x the shortfall amount (3x for spouses or children of U.S. citizens).
Required Supporting Documents
To avoid delays or RFEs, include the following:
- Copy of most recent federal tax return
- W-2 or 1099 for the latest year
- Pay stubs (3–6 months) to show current income
- Proof of U.S. citizenship or green card (passport, birth certificate, or green card copy)
- Evidence of assets, if applicable (bank statements, title deeds, etc.)
- IRS transcript (optional but highly recommended)
Do not send state tax returns or entire multi-year filings unless specifically requested.
Common Mistakes to Avoid
- ❌ Leaving blank fields—write “N/A” or “None” instead
- ❌ Listing net income instead of adjusted gross income
- ❌ Using outdated Federal Poverty Guidelines
- ❌ Forgetting to sign and date the form
- ❌ Submitting only the tax return without W-2s or proof of current income
- ❌ Failing to submit a separate I-864 for each required sponsor
Any of these issues could trigger a Request for Evidence and delay your case by weeks or months.
Joint Sponsors and Household Members
If the primary sponsor doesn’t meet the income threshold:
Joint Sponsor:
- Must be a U.S. citizen or green card holder
- Must live in the U.S.
- Must meet the income requirements on their own
- Must file a separate I-864
Household Member (Form I-864A):
- Lives with the sponsor
- Shares income or assets
- Signs a contract agreeing to support the immigrant
You can’t combine income from friends or roommates—only legal household members or eligible joint sponsors.
Real-World Example: Fixing an I-864 Income Gap
Ben, a U.S. citizen, applied for a green card for his wife, Aisha. His income was $28,000, but the required amount for a household of 3 was $31,075. He added $20,000 in verified savings and submitted bank statements and a signed affidavit confirming the funds were available. USCIS approved the I-864 without an RFE.
Being proactive helped Ben avoid delays.
FAQs: Affidavit of Support
Q1: Is the I-864 legally enforceable?
Yes. The sponsor is legally responsible for supporting the immigrant until they become a U.S. citizen, work 40 quarters, or leave the U.S. permanently.
Q2: What happens if the sponsor loses their job?
You’re still legally bound by the I-864. This is why joint sponsors or assets are important backup options.
Q3: Do I need to include tax returns from previous years?
Only the most recent year is required, but including the last 3 years is helpful, especially if income fluctuated.
Q4: Does retirement income count?
Yes. Pensions, Social Security, and investment income can be included if they are steady and well-documented.
Q5: What if the immigrant earns their own income?
USCIS typically doesn’t consider the immigrant’s income unless they are currently authorized to work in the U.S. and will continue working after receiving the green card.
Final Thoughts: Take Your Time and Get It Right
Filing Form I-864 correctly is essential to avoiding delays in your immigration process. It’s one of the most scrutinized forms in a family-based green card case, and even minor mistakes can lead to costly setbacks.
Take your time, gather your documents carefully, and double-check every figure and signature. If your income doesn’t meet the guidelines, consider assets or a qualified joint sponsor. And remember—this form isn’t just paperwork; it’s a legal promise to support your loved one.
