The Affidavit of Support (Form I-864).

What the Affidavit of Support is

Form I-864, the Affidavit of Support, is a contract between the sponsor and the U.S. government. By signing it, the sponsor promises to maintain the immigrant at an income above the federal poverty line and to repay certain means-tested public benefits the immigrant might receive. It exists to show that your spouse is not likely to become a "public charge." It is required in nearly all family-based immigrant-visa and green-card cases — including the CR-1 and IR-1 spouse visas.

Who must file it

The petitioning sponsor — the U.S. citizen or lawful permanent resident who filed the Form I-130 — must file an I-864. To be a sponsor you must be at least 18 years old and domiciled in the United States. (Domicile matters in consular spouse cases: a U.S. citizen living abroad with their spouse usually must show they are maintaining, or will re-establish, a U.S. domicile.)

The income requirement

The sponsor must demonstrate household income at or above 125% of the Federal Poverty Guidelines for the household size. (Active-duty U.S. military sponsoring a spouse or child need only meet 100%.) The dollar amounts change every year — USCIS publishes the current figures on Form I-864P.

Your "household size" generally includes you, your spouse, your dependents, the immigrant(s) you're sponsoring, and anyone else you've sponsored on a prior affidavit. A larger household means a higher income threshold.

If your income isn't enough

Falling short of the threshold is common and almost always solvable. The three standard routes:

• Assets. Significant assets (savings, stocks, real-estate equity) can make up a shortfall. For the spouse of a U.S. citizen, assets generally must equal at least three times the gap between your income and the requirement.
• A household member's income (Form I-864A). A relative living in your household can combine their income with yours by signing a contract (Form I-864A).
• A joint sponsor. A separate person — who does not have to be related to you — can file their own I-864, so long as they independently meet 125% of the guidelines for their own household plus the immigrant.

Documents you'll need

• Your most recent federal income tax return (we often recommend the last three years).
• W-2s and/or 1099s, recent pay stubs, and an employment-verification letter.
• Proof of U.S. citizenship or lawful permanent residence, and evidence of U.S. domicile.
• For self-employed sponsors: complete tax returns with all schedules.

How long the obligation lasts

The Affidavit of Support is not a formality — it's enforceable, and it lasts. The sponsor's obligation continues until the immigrant:

• becomes a U.S. citizen;
• is credited with 40 qualifying quarters of work (about ten years);
• permanently leaves the United States; or
• dies.

Divorce does not end the obligation. This is one of the most misunderstood points in spouse-visa cases, and a reason to take the affidavit seriously from the start.

Common pitfalls

• Income just below the threshold, with no asset or joint-sponsor backup prepared.
• Missing or incomplete tax returns, or unreported self-employment income.
• A U.S.-citizen sponsor living abroad who hasn't addressed the domicile requirement.
• A joint sponsor who doesn't actually qualify on their own household size.
• Counting household size incorrectly.

How we help

The affidavit of support is part of our flat-fee spouse-visa representation. We calculate your household size and threshold, identify the strongest way to meet it, prepare the I-864 (and any I-864A or joint-sponsor affidavit), assemble the financial exhibits, and head off the income and domicile problems that most often trigger a Request for Evidence. Tell us about your case and we'll tell you exactly where you stand.