Form I-864 Affidavit of Support (2026): How to Qualify

What I-864 actually does

Form I-864 is a legally enforceable contract between the sponsor and the U.S. government. By signing, the sponsor promises that if the beneficiary later receives means-tested public benefits (TANF, Medicaid, SNAP, SSI, CHIP), the sponsor will repay the government and that the sponsor's income will be available to support the beneficiary up to the 125% poverty threshold.

The obligation lasts until one of five events: (1) the beneficiary becomes a U.S. citizen, (2) the beneficiary works 40 quarters under Social Security (~10 years), (3) the beneficiary permanently leaves the U.S., (4) the beneficiary dies, or (5) the sponsor dies. Divorce does NOT end the obligation — the sponsor remains on the hook even if the marriage dissolves.

Who must sign I-864

Almost every family-based green-card applicant requires I-864. Exceptions: (1) self-petitioners under VAWA, (2) widow/widower self-petitioners, (3) beneficiaries who can be credited with 40 quarters of Social Security work (e.g., long-term H-1B holders).

The petitioner — the USC or LPR who filed the I-130 — is always the primary sponsor and must sign I-864, regardless of income. If the petitioner's income is below the threshold, a joint sponsor is added (a second person, totally independent from the petitioner, who also signs I-864).

2026 income thresholds (125% of federal poverty line)

Household size = sponsor + sponsor's dependents + beneficiary (and beneficiary's accompanying family if any). Use the table below to find the minimum gross household income required.

For active-duty military sponsors petitioning for their spouse or unmarried minor child, the threshold drops to 100% of poverty (a 20% reduction). Numbers above use the 2026 HHS poverty guidelines; check uscis.gov/i-864p for the most current figures at filing time, since the guidelines update annually.

What counts as sponsor income

USCIS looks at "current annual income" — your gross pre-tax income from all lawful sources. Use the most recent federal tax return (Form 1040) as the baseline; add or subtract for current-year changes.

• W-2 wages (gross, not net).
• Self-employment income (gross, less allowable business expenses).
• Investment income — dividends, interest, rental.
• Retirement income — Social Security, pensions, 401(k) distributions.
• Alimony received (if it will continue).
• Spouse's income, IF the spouse also signs as a household member on Form I-864A.

Using a joint sponsor (when your income isn't enough)

If the petitioner's income (plus household-member income via I-864A) doesn't reach 125% of the poverty line, a joint sponsor steps in. The joint sponsor signs a separate Form I-864 of their own, takes on full sponsorship liability, and must independently meet the 125% threshold for their own household size + the beneficiary.

• Joint sponsor must be a U.S. citizen, USC national, or LPR.
• Must be at least 18 years old.
• Must reside in the U.S.
• Must independently meet the 125% poverty threshold (the joint sponsor's income alone has to qualify — the petitioner's income is NOT added in).
• Common joint sponsors: a parent or sibling of the petitioner, a close family friend.

Using assets to substitute for income

If income is short, the sponsor can use assets to make up the difference. USCIS converts assets to income-equivalent using a ratio.

• Eligible assets: bank balances, brokerage accounts, retirement savings (over any vesting clauses), real-property equity, vehicles (one beyond the sponsor's daily-use vehicle).
• Beneficiary's own assets count too (with some restrictions on liquidity).
• Asset must be liquidatable within 1 year without causing hardship.

Example: USC sponsor petitioning for spouse; household size 2; threshold $25,550; sponsor's annual income $20,000. Shortfall = $5,550. Asset requirement = $5,550 × 3 = $16,650 in eligible assets above any debts secured by them.

Common I-864 mistakes

• Using net income instead of gross — always gross.
• Forgetting to add the beneficiary to household size — beneficiary is part of the sponsor's household at filing.
• Missing tax-return transcript — file the most recent IRS transcript (free from IRS.gov), not the self-prepared 1040 copy.
• Joint sponsor whose income alone doesn't meet 125% threshold — joint sponsor must qualify standalone.
• Signing I-864 without I-864A from household members whose income is being counted.
• Forgetting that divorce does NOT end the I-864 obligation — sponsors who later divorce remain on the hook.

How Visacub generates your I-864

Visacub's $99 Family Self-File Kit generates Form I-864 from your intake — household size, income source(s), tax-return data — and flags whether you need a joint sponsor before you file. If a joint sponsor is needed, the platform walks them through their own I-864 in the same workflow.

Official sources

This guide is based on official U.S. government sources. Forms, fees, and processing details change — always confirm current requirements directly:

• USCIS — Form I-864, Affidavit of Support Under Section 213A of the INAOfficial I-864 form and instructions — the legally enforceable affidavit of financial support, including current Federal Poverty Guidelines reference.
• USCIS — Form I-485, Application to Register Permanent Residence or Adjust StatusOfficial I-485 form and instructions for adjusting to lawful permanent resident status from inside the United States.

Frequently asked questions

What is Form I-864 Affidavit of Support?

Form I-864 is a legally enforceable contract between the sponsor (petitioner) and the U.S. government. The sponsor promises to financially support the beneficiary at 125% of the federal poverty line (100% for active-duty military spouses) and to repay the government if the beneficiary later receives means-tested public benefits. Required for almost every family-based green card.

What income do I need to sponsor my spouse for a green card?

125% of the federal poverty line for your household size including the beneficiary. For a household of 2 in the 48 contiguous states in 2026, that's approximately $25,550 in annual gross income. Use the latest federal poverty guidelines (published on uscis.gov/i-864p) to find the exact figure for your household size and state at filing time.

Can I use a joint sponsor for I-864?

Yes. If the petitioner's income doesn't meet 125% of the poverty line, a joint sponsor — a USC or LPR resident of the U.S. with sufficient independent income — can sign their own Form I-864 to add their income to the case. The joint sponsor must independently meet the 125% threshold; you can't combine the petitioner's and joint sponsor's incomes.

Does I-864 obligation end if we divorce?

No. Divorce does NOT end the I-864 obligation. The sponsor remains financially liable until one of five events: the beneficiary becomes a USC, the beneficiary works 40 quarters under Social Security (~10 years), the beneficiary permanently leaves the U.S., the beneficiary dies, or the sponsor dies. This is one of the most consequential and least-known facts about marriage-based green cards.

Can assets substitute for income on I-864?

Yes. USCIS converts assets to income-equivalent at a 3:1 ratio for USC sponsors of spouses and minor children (3 dollars in assets equals 1 dollar of income), and 5:1 for other relationships. Eligible assets include bank balances, brokerage accounts, retirement savings (over vesting clauses), real-property equity, and vehicles (one beyond daily-use). Assets must be liquidatable within 1 year.