Form I-864, the Affidavit of Support Under Section 213A of the INA, is a legally binding contract between a U.S. citizen or lawful permanent resident (the sponsor) and the U.S. government. The sponsor pledges to financially support the intending immigrant at an annual income of at least 125% of the Federal Poverty Guidelines (100% for active-duty military sponsors) for the sponsored immigrant's household size. This form is required for most family-based immigration petitions and some employment-based cases.

The legal authority for Form I-864 comes from the Immigration and Nationality Act (INA) Section 213A (8 U.S.C. 1183a), enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). Unlike most immigration forms, the I-864 creates an enforceable contract. Federal courts have consistently held that sponsored immigrants can sue their sponsors to enforce the financial support obligation, as established in Erler v. Erler (824 F.3d 1173, 9th Cir. 2016) and similar cases.

The obligation created by Form I-864 is not terminated by divorce. This is one of the most misunderstood aspects of the form. Even if the sponsor and the immigrant divorce, the sponsor remains financially responsible until one of four termination events occurs: the immigrant becomes a U.S. citizen, earns 40 qualifying quarters of Social Security coverage, permanently departs the United States, or dies.

Form I-864 is required whenever a U.S. citizen or lawful permanent resident files a family-based immigrant visa petition (Form I-130) for a relative, and the relative is applying for an immigrant visa or adjustment of status. This includes sponsorship of spouses, children, parents, and siblings. The form must be submitted as part of the immigrant visa application package at the National Visa Center (NVC) for consular processing or with Form I-485 (Adjustment of Status) filed with USCIS.

The form is also required for certain employment-based immigrants when a relative filed the underlying visa petition, or when the immigrant has an ownership interest of 5% or more in the petitioning entity. Diversity Visa (DV lottery) winners do not need Form I-864 but may use the simpler Form I-134 (Declaration of Financial Support).

If the sponsor's income alone does not meet the 125% threshold, a joint sponsor who is a U.S. citizen or permanent resident with sufficient income may file a separate Form I-864. Alternatively, the sponsor can use assets worth at least three times the difference between their income and the poverty guideline threshold (five times for non-spouse immigrants).

Without a properly executed Form I-864, USCIS will deny the adjustment of status application or the consular officer will refuse the immigrant visa. There is no waiver available for this requirement in family-based cases.

The sponsor's full legal name, date of birth, SSN, and current address must be provided. The sponsor must demonstrate U.S. citizenship or lawful permanent resident status, and must be domiciled in the United States (or establish intent to return before the immigrant's admission). Active-duty military personnel stationed abroad qualify under special domicile provisions.

The sponsor's household size must be accurately calculated. This includes the sponsor, the sponsored immigrant, all dependents immigrating with the sponsored immigrant, all previous immigrants still subject to an I-864 obligation, and all other dependents claimed on the sponsor's most recent tax return. The household size determines the applicable Federal Poverty Guidelines threshold.

Income documentation is critical. The sponsor must submit their most recent federal tax return (IRS Form 1040) along with W-2s and, in many cases, tax transcripts from the IRS. The income must meet 125% of the poverty guidelines for the applicable household size. If using assets to supplement income, documentation such as bank statements, property appraisals, or brokerage account statements must be provided.

The form must include a statement that the sponsor accepts the legally enforceable obligation to maintain the immigrant at the required income level and to reimburse any government agency that provides means-tested public benefits to the immigrant. This obligation is enforceable by the sponsored immigrant, the federal government, and any state or local government that provides benefits.

The sponsor must sign the form under penalty of perjury under 18 U.S.C. 1546 and 18 U.S.C. 1621. The signature must be original (not photocopied) for the version filed with USCIS. If a joint sponsor is used, they must complete and sign a separate Form I-864 with their own income documentation. The form must be filed within one year of the tax return date to be considered current.