What is Form I-864, Affidavit of Support, and when is it required?

Form I-864, Affidavit of Support, is a legally binding contract between a U.S. sponsor and the U.S. government. By signing this form, the sponsor agrees to provide financial support to the intending immigrant, ensuring they do not become a 'public charge'—a person primarily dependent on the government for subsistence. This form is mandatory for most family-based immigrant visa applicants and some employment-based categories where a relative has a significant ownership interest in the petitioning entity.

To qualify as a sponsor, you must be a U.S. citizen or permanent resident, at least 18 years old, and domiciled in the United States. You must demonstrate that your household income meets at least 125% of the Federal Poverty Guidelines based on your household size. If your income is insufficient, you may include the income of other household members who sign Form I-864A, or use the value of your assets (such as savings or property) to meet the requirements. The obligation remains in effect until the immigrant becomes a U.S. citizen, works for 40 qualifying quarters (roughly 10 years), leaves the U.S. permanently, or passes away. Failure to provide support can result in the government suing the sponsor for reimbursement of public benefits used by the immigrant.