I-864 Affidavit of Support – Marriage Green Card

Marriage Green Card Petitioners and any joint or co-sponsors are required to submit an Affidavit of Support form (Form I-864) and evidence of their income.  

Form I-864 is legally required and legally enforceable for most family-based and some employment-based immigrants.  

The form shows that as an intending immigrant, you have adequate means of financial support and are not likely to become a public charge.  

The affidavit of support is a legal contract between the sponsor(s) of an immigrant visa applicant and the U.S. government.  

The sponsor must be willing and able to financially support the intending immigrant as outlined by law and regulations (see INA 213A and 8 CFR 213a).  

By signing Form I-864, your petitioner (including co-sponsor(s) and joint sponsor(s)) are agreeing to use their resources to support you and any dependents, if it becomes necessary.  

If you or your dependents immigrating with you receive any of the designated federal, state or local means-tested public benefits, you should expect the agency providing the benefit to request repayment from your sponsor(s).  

That agency can take legal action against any of your sponsors if the cost of the benefits provided is not repaid.  

Please see Form I-864P (and below) for more information on means-tested public benefits.

The information below represents the minimum income requirements when completing Form I-864, Affidavit of Support. 

These guidelines remain in effect from March 1, 2019, until new guidelines go into effect in 2020.

For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands:

Sponsor’s Household Size

100% of HHS Poverty Guidelines*

125% of HHS Poverty Guidelines*

 

For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child

For all other sponsors

2

$16,910

$21,137

3

$21,330

$26,662

4

$25,750

$32,187

5

$30,170

$37,712

6

$34,590

$43,237

7

$39,010

$48,762

8

$43,430

$54,287

 

Add $4,420 for each additional person

Add $5,525 for each additional person

 Who Should Use Form I-864?

You will likely need to file an I-864 if you have filed (or intend to file) any of the following petitions to sponsor an immigrant for U.S. residence:

Form I-130, Petition for Alien Relative; perhaps for a spouse, child, sibling, or parent, or

Unless you qualify for one of the exemptions described under the discussion of Form I-864W below, you must submit Form I-864 even if your income is NOT sufficient to sponsor the immigrant. 

In that situation, however, one of your options to make sure the immigrant’s green card application is successful is to look for a joint sponsor, living in the U.S., whose income and/or assets equal at least 125% of the Poverty Guidelines, taking into account both the number of people in the joint sponsor’s household and the number of incoming immigrants. 

The joint sponsor would also sign a Form I-864, thereby promising to provide any and all financial support necessary to assist you in supporting the immigrant(s).

Who Should Use Form I-864EZ

A few petitioners can use an easier form of the I-864 Affidavit of Support, called the I-864EZ. To be eligible, you must:

be the person who filed the original Form I-130 on behalf of the immigrant

·         have listed only one immigrant on Form I-130 (without any derivative spouses or children)

·         be able to show sufficient income to support the immigrant based solely on your salary and pension, which amount is shown on the W-2 Form(s) provided by your employer or former employer.

Note that this means that joint sponsors cannot use the EZ form. Nor can petitioners who filed Form I-140; “substitute sponsors” filing on behalf of a deceased petitioner; or petitioners sponsoring more than one immigrant on the same I-130.

Who Should Use Form I-864A

If your income is not at least 125% of the Poverty Guidelines for your family size, you will not be able to sponsor an immigrant unless you can meet the income requirement in some other way. 

This might include income from relatives or dependents living in your household or listed on your most recent federal tax return.

If these people in your household are willing to help sponsor the immigrant, they must sign Form I-864A:  Contract Between Sponsor and Household Member.  

In doing so, they promise to provide any and all financial support necessary to assist you in supporting the immigrant.