If you are petitioning for a family member’s green card, you must file Form I-864, Affidavit of Support, to show an income of at least 125% of the Federal Poverty Guidelines for your household size—which is $27,050 for a household of two in 2026 in the 48 contiguous states. If your income falls short, you can use qualifying assets or add a joint sponsor. The I-864 is a binding contract with the U.S. government that does not terminate upon divorce.
Key Takeaways
125% Threshold: The primary petitioner must meet 125% of the HHS Poverty Guidelines for their household size (100% for active-duty U.S. military sponsoring a spouse or minor child).
Binding Legal Contract: The financial obligation continues until the immigrant becomes a U.S. citizen, earns 40 qualifying work quarters (~10 years), permanently loses green card status and departs the U.S., or dies.
Divorce Does Not End Liability: Divorcing the sponsored spouse does not terminate your financial support obligations under Form I-864.
Asset Offset Rules: Cash or liquid assets can cover an income shortfall at 5 times the gap (3 times if the sponsored immigrant is a spouse or minor child of a U.S. citizen).
Additional Forms: Supplemental situations may require Form I-864A (household member income), Form I-864EZ (simplified sponsor form), Form I-864W (exemption), or Form I-865 (sponsor change of address).
What Is Form I-864, Affidavit of Support?
Form I-864, Affidavit of Support, is a legally enforceable contract executed between a financial sponsor and the U.S. government under Section 213A of the Immigration and Nationality Act (INA § 213A, 8 U.S.C. § 1183a) and regulations at 8 CFR § 213a.2. Its purpose is to demonstrate that an intending immigrant has adequate financial support and will not become a public charge after receiving a green card.
At Raju Law, we assist sponsors and green card applicants through every stage of family-based green card processing and Form I-130 petitions to ensure full compliance with financial eligibility rules.
Who Must File Form I-864?
Under U.S. immigration law, the following visa applicants require Form I-864:
1. Family-Based Immigrants: Spouses, unmarried/married children, parents, and siblings of U.S. citizens or lawful permanent residents (LPRs).
2. Employment-Based Immigrants: Cases where a relative filed the employment petition (Form I-140) or where a relative holds a 5% or greater ownership interest in the petitioning business entity.
Primary Sponsor Eligibility Rules
The main petitioner on the underlying Form I-130 must file Form I-864 as the primary sponsor, regardless of income level. The primary sponsor must meet all of the following criteria:
Be a U.S. citizen, U.S. national, or Lawful Permanent Resident (LPR).
Be at least 18 years of age.
Be domiciled in the United States or a U.S. territory.
Raju Law Attorney Insight — Domicile Overseas (Bangladesh & South Asia Context): A common obstacle for petitioners residing abroad—such as U.S. citizens living in Bangladesh or India—is establishing a U.S. 'domicile.' USCIS and consular officers require concrete proof that your stay abroad is temporary and that you maintain a principal residence in the U.S., or can prove a concrete intent to re-establish U.S. domicile no later than the date the immigrant arrives. Submitting voter registration, U.S. bank statements, an active U.S. lease or property deed, or job offer letters in the U.S. is critical to avoiding an administrative delay or Request for Evidence (RFE).
2026 Income Guidelines (125% Poverty Line)
To qualify as a sponsor, your total household income must meet or exceed 125% of the U.S. Department of Health and Human Services (HHS) Poverty Guidelines for your household size.
Active-Duty Military Exception: Primary sponsors on active duty in the U.S. Armed Forces who are sponsoring their spouse or unmarried minor child need only meet 100% of the poverty threshold ($21,640 for a household of 2 as of August 2026).
Below are the 2026 statutory income requirements for the 48 contiguous states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands (Source: USCIS Form I-864P):
Household Size | 100% Poverty Level (Military Spouse/Child) | 125% Poverty Level (Standard Threshold) |
|---|---|---|
2 | $21,640 | $27,050 |
3 | $27,320 | $34,150 |
4 | $33,000 | $41,250 |
5 | $38,680 | $48,350 |
6 | $44,360 | $55,450 |
For each additional person, add: | $5,680 | $7,100 |
Sponsor vs. Joint Sponsor vs. Household Member
When the primary sponsor’s income is insufficient, U.S. immigration law allows additional financial options:
Role | Who Qualifies | Key Financial Rules | Key Obligations |
|---|---|---|---|
Primary Sponsor | The original Form I-130 petitioner | Must file Form I-864 regardless of income level | Full legal responsibility to support the immigrant |
Joint Sponsor | Any qualifying U.S. citizen or LPR over 18 living in the U.S. | Must meet the 100% required income for their own household plus the immigrant independently (cannot combine income with primary sponsor) | Shares full, independent joint liability with the primary sponsor |
Household Member (Form I-864A) | A relative living in the primary sponsor's home, or claimed as a dependent on their taxes | Combines income with the primary sponsor to meet the 125% threshold | Signs contract with primary sponsor to pool income for the beneficiary |
Using Assets to Fill an Income Shortfall
If your income does not meet 125% of the guidelines, you may use liquid assets to make up the deficit. However, assets must be readily convertible to cash within 12 months without undue financial hardship.
Asset Calculation Ratios
3x Rule (Spouse or Minor Child of U.S. Citizen): Total net asset value must equal at least 3 times the income shortfall.
5x Rule (All Other Intending Immigrants): Total net asset value must equal at least 5 times the income shortfall.
1x Rule (Orphan Adoption): Total net asset value must equal 1 time the income shortfall if the child has been fully adopted abroad.
Formula: Total Required Assets = (125% Poverty Baseline - Current Sponsor Income) × Required Ratio
Example (Spouse of U.S. Citizen - 3x Rule):
2026 Household size of 2 required income: $27,050
Sponsor’s actual current income: $20,050
Shortfall: $7,000
Required liquid assets: $7,000 × 3 = $21,000
Termination of Financial Obligations (And the Impact of Divorce)
A sponsor’s obligation under Form I-864 remains active until one of five specific legal termination events occurs under INA § 213A:
The sponsored immigrant becomes a U.S. citizen.
The sponsored immigrant completes 40 qualifying quarters of work in the U.S. under the Social Security Act (~10 years).
The sponsored immigrant permanently loses lawful permanent resident status AND departs the U.S.
The sponsored immigrant obtains a new grant of adjustment of status in removal proceedings.
Either the sponsored immigrant or the sponsor dies (Note: The sponsor's estate remains liable for support obligations accrued prior to death).
Critical Legal Warning — Divorce Does NOT Terminate Form I-864: A standard divorce decree or prenuptial agreement does not end a sponsor’s financial obligation under Form I-864. If you sponsor a spouse and later divorce, your ex-spouse can sue you in state or federal court to enforce Form I-864 support payments to maintain their income at 125% of the poverty line.
Public Benefit Reimbursement & Address Change Requirements
Means-Tested Public Benefits
If the sponsored immigrant receives federal or state means-tested public benefits, the government agency providing the benefit may sue the sponsor for full reimbursement.
Means-Tested Benefits Included: Supplemental Security Income (SSI), Supplemental Nutrition Assistance Program (SNAP/Food Stamps), Temporary Assistance for Needy Families (TANF), Non-Emergency Medicaid, and Children’s Health Insurance Program (CHIP).
Benefits Excluded: Emergency Medicaid, disaster relief, public health immunizations, community soup kitchens, and educational assistance.
Mandatory Address Change (Form I-865)
Under 8 U.S.C. § 1183a(d), a sponsor must notify USCIS of any change of address within 30 days of moving by filing Form I-865 (Sponsor's Notice of Change of Address). Failure to report a change of address can result in civil fines ranging from $250 to over $5,000.
Related Forms
Depending on your situation, you may need to file variations of Form I-864:
Form I-864EZ: A simplified version for primary sponsors who are using only their own salary/pension documented on a single W-2 form and sponsoring one immigrant.
Form I-864A: Contract between sponsor and household member to pool income.
Form I-865: Sponsor’s notice of change of address.
How Raju Law Can Help & What We Ensure
At Raju Law, we provide comprehensive end-to-end legal support for family immigration, guiding petitioners and beneficiaries through every step of Form I-130, Adjustment of Status (Form I-485), and NVC consular processing. Our team specializes in verifying financial sponsorship compliance under Form I-864, helping primary and joint sponsors accurately evaluate household income and liquid assets. We also address complex jurisdictional challenges, such as establishing U.S. domicile for petitioners living abroad in Bangladesh or India and successfully navigating USCIS Requests for Evidence (RFEs) to protect your family’s immigration pathway.
We ensure complete fee transparency with clear flat-rate legal pricing so your family never encounters hidden costs or unexpected charges. Through meticulous attorney oversight, we verify every document to minimize filing errors, prevent avoidable processing delays, and maintain direct, accessible communication throughout your case. For legal updates, client experiences, and direct inquiries, connect with our community on the official Raju Law Facebook Page (https://www.facebook.com/rajulawusa).
For detailed legal representation rates and service tiers, you can review our complete schedule on the Raju Law Legal Fees page (https://rajulaw.com/legal-fees?service=i-130-petition-with-immigrant-visa-application-for-parent-spouse child-step-child-siblings).
Frequently Asked Questions
Does divorce end my obligation to support my ex-spouse under Form I-864?
No. Divorce does not terminate the Form I-864 financial contract. Your legal obligation continues until one of the statutory termination grounds (such as citizenship or 40 work quarters) is met.
Can a joint sponsor be used if the primary petitioner has $0 income?
Yes. If the primary petitioner has no income, a joint sponsor who meets the 125% poverty guideline independently for their household size plus the intending immigrant can file a secondary Form I-864. However, the primary petitioner must still submit a completed Form I-864.
What happens if I move and forget to report my new address to USCIS?
Sponsors are legally required to file Form I-865 within 30 days of moving. Fines range from $250 to $2,000 for standard failure to notify, and $2,000 to $5,000 if you fail to notify knowing the sponsored immigrant has received means-tested benefits.
Verification & Official References
U.S. Citizenship and Immigration Services — Form I-864, Affidavit of Support (https://www.uscis.gov/i-864) (Verified August 2026)
USCIS Form I-864P — Poverty Guidelines (https://www.uscis.gov/i-864p) (Verified August 2026)
U.S. Department of State — Affidavit of Support Overview (https://travel.state.gov/content/travel/en/us-visas/immigrate/affidavit-of-support.html) (Verified August 2026)
Code of Federal Regulations — 8 CFR § 213a.2 Use of Affidavit of Support (https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-213a) (Verified August 2026)
