Can I use assets instead of income?

Yes. Assets convertible to cash within a year — savings, stocks, real estate equity beyond primary residence — can substitute. The general rule is five times the income shortfall (three times for citizen-spouse petitions).

Does divorce end the I-864 obligation?

No. The affidavit is a contract with the U.S. government, not the immigrant. Divorce, remarriage, or the immigrant's failure to work don't terminate the sponsor's obligation.

When does the sponsor's obligation end?

The obligation ends when the immigrant naturalizes, is credited with 40 quarters of Social Security-covered work, permanently departs the U.S. and abandons LPR status, or dies.

Form I-864: Affidavit of Support Under Section 213A of the INA

Form I-864 is the Affidavit of Support required for most family-based immigrant applications. The sponsor commits, by legally enforceable contract, to maintain the immigrant at an income of at least 125% of the federal poverty guidelines. Joint sponsors can be added when the primary sponsor's income is insufficient.

What Form I-864 Is

Form I-864 is a legally enforceable Affidavit of Support required for most family-based green cards and some employment-based cases where a relative owns 5% or more of the sponsoring employer. The petitioning sponsor promises to maintain the sponsored immigrant at 125% of the federal poverty guidelines (100% for active-duty military sponsors).

The sponsor's obligation continues until the sponsored immigrant becomes a U.S. citizen, is credited with 40 quarters of work under Social Security, permanently leaves the U.S., or dies. Divorce does not end the obligation.

Sponsor Requirements

U.S. citizen or lawful permanent resident
At least 18 years old
Domiciled in the United States
Income at or above 125% of the federal poverty guidelines for household size (100% for military)
Filed federal tax returns for the most recent three years

Filing Fee

There is no USCIS filing fee for Form I-864. It is filed as part of the underlying green-card application (I-485 for adjustment or consular processing), not as a stand-alone submission.

Frequently Asked Questions About I-864

A joint sponsor may complete a separate I-864. Alternatively, a household member's income (I-864A) or the sponsor's significant assets (typically five times the shortfall) can supplement.

Filing Form I-864?

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