Affidavit of Support

Form I-864: The Financial Contract Behind Every Family Immigration Case

Form I-864 is a legally enforceable contract in which a sponsor agrees to financially support an immigrant so they will not become a public charge. It is required for virtually all family-based green card cases — and the obligations last far longer than most sponsors realize.

Three Types of Sponsors

Primary Sponsor

The I-130 petitioner

Must meet 125% of Federal Poverty Guidelines for household size

Uses most recent tax return (typically 3 years). Can combine income with household members.

Joint Sponsor

Any U.S. citizen or LPR willing to co-sponsor

Must independently meet 125% poverty guidelines

Does not need to be related. Must be domiciled in the U.S. Separate I-864 required.

Household Member

Spouse or dependent living with sponsor

Income combined with sponsor on Form I-864A

Files I-864A (Contract Between Sponsor and Household Member). Must sign under penalty of perjury.

Legal Obligations of the I-864 Sponsor

Signing Form I-864 creates a binding legal obligation enforceable in federal and state courts. This is not a mere formality — courts have consistently upheld sponsor obligations years after signing.

Support the immigrant at 125% of poverty level until they naturalize, work 40 qualifying quarters, permanently leave the U.S., or die
Reimburse government agencies for means-tested public benefits received by the immigrant
Obligation survives divorce — spousal support under I-864 is enforceable in state court
Obligation applies to each person sponsored — separate I-864 for each immigrant
Assets can substitute for income at 5x the difference (3x if sponsoring a spouse or child)

Household Size Calculation

Your household size for I-864 purposes includes: yourself, your spouse, your dependents, anyone else you previously sponsored who has not yet naturalized or worked 40 quarters, and the immigrant you are currently sponsoring.

Income requirements increase with household size. We calculate your exact threshold using current HHS Poverty Guidelines and determine whether a joint sponsor is needed.

Income Too Low? Options Exist.

If your income falls below 125% of poverty guidelines, you may use assets (cash, stocks, property equity) at 5 times the income shortfall, add a joint sponsor, or include household member income via Form I-864A. We evaluate every option for your situation.

I-864 Questions

Does the I-864 obligation end after divorce?+

No. Courts have held that I-864 support obligations survive divorce. A divorced immigrant may sue their former sponsor for support under the I-864 contract.

Which tax return do I use?+

USCIS requires your most recent federal tax return. If you did not file, you must provide an explanation and may need a joint sponsor.

Can I use unemployment income?+

Generally no. USCIS looks at stable earned income. Unemployment and means-tested benefits typically cannot be counted toward sponsorship income.

Attorney Jacquelyn R. Goncalves personally handles every case — Connecticut and nationwide.

Review Your I-864 Requirements Related Service