What a sponsor promises when signing an affidavit of support

This page is general information, not legal or benefits advice. A lawyer or DOJ accredited representative should review the sponsor's papers before filing.

What is the affidavit of support?

It is Form I-864. In most family cases, the person who filed the petition for you (the petitioner) must sign it before you can get a green card (8 U.S.C. 1182(a)(4)(C)). It shows the government you will not depend on public money.

USCIS is blunt about it. Its I-864 page calls the form a legally binding contract with the U.S. government and warns sponsors not to sign unless they are ready to follow through (checked October 21, 2026).

Some people do not need it. VAWA self petitioners, for example, are not required to have one. Ask a lawyer if your case is an exception.

What exactly does the sponsor promise?

The law spells it out (8 U.S.C. 1183a, checked October 21, 2026). By signing, the sponsor agrees to:

1. Support you at an income of at least 125% of the federal poverty line while the promise lasts.
2. Pay back the government if you receive certain means tested public benefits.
3. Be sued in federal or state court to enforce the promise, by you, by the federal government, by a state or county, or by an agency that gave you benefits.
4. Report every move. The sponsor must file Form I-865 within 30 days of changing address. Failing to do so can bring a civil fine of $250 to $2,000, or $2,000 to $5,000 if the sponsor knew you got benefits.

That first point matters. It is a promise to you, too. If the sponsor stops supporting you and your income falls below the line, you can ask a court to enforce it.

What the sponsor does not promise: to pay your rent, to give you a set amount of cash each month, or to support you above 125%. The promise is about keeping you at a minimum income level.

How much income does the sponsor need?

At least 125% of the HHS poverty line for their household size. Household size counts the sponsor, their spouse, their children under 21, other dependents on their taxes, the people being sponsored, and anyone they sponsored before whose promise has not ended.

These figures are the 125% column of the HHS 2026 poverty guidelines for the 48 states and D.C. (HHS percentage chart, checked October 21, 2026). Sponsors in Alaska and Hawaii use higher figures. Always check the official I-864P table before filing.

The sponsor shows income with tax and job papers listed in the form instructions, usually the most recent federal tax return plus proof of current pay. With the new edition, USCIS may also check the sponsor's credit report. If the sponsor has a credit freeze, USCIS says to respond quickly to any request to lift it, or the case can be delayed (USCIS I-864 page).

What if the sponsor doesn't earn enough?

There are three ways to fill the gap (8 CFR 213a.2, checked October 21, 2026):

• Household member income. A relative living with the sponsor, or listed on their taxes, can add income by signing Form I-864A. They take on the same promise.
• Assets. Savings, property or other assets can count. The value must be at least 3 times the income gap for the spouse or adult child of a U.S. citizen, and 5 times the gap in other cases.
• A joint sponsor. Another person who meets the income rule on their own can sign a separate I-864. Each immigrant can have only one joint sponsor, and a family group can have no more than two. The joint sponsor is fully responsible too, together with the main sponsor.

The petitioner must still sign an I-864 even when a joint sponsor carries the income.

What if I use public benefits?

If you get a federal or state means tested benefit while the promise lasts, the agency that paid it can ask the sponsor to pay it back. If the sponsor does not answer within 45 days, or stops paying, the agency can sue. It has up to 10 years after the last benefit to do it (8 U.S.C. 1183a(b)).

USCIS lists the federal means tested benefits as food stamps (CalFresh in California), Medicaid (Medi-Cal), SSI, TANF (CalWORKs) and CHIP (USCIS I-864P page, checked October 21, 2026). Each state decides which of its own programs count.

These are not means tested benefits for this rule, per USCIS:

• Emergency Medicaid (in California, emergency only Medi-Cal)
• Short term, non cash emergency relief
• School lunch and child nutrition programs
• Shots, and testing and treatment for communicable diseases
• Student aid under the Higher Education Act
• Head Start
• Some foster care and adoption help
• Programs under the school funding law and job training programs

Many new green card holders who arrived after August 22, 1996 are not eligible for federal means tested benefits for their first five years anyway, with some exceptions (8 U.S.C. 1613). California covers some of those gaps with state programs. Benefits rules and public charge rules are separate questions. See Public charge and benefits before you stop or start any benefit.

Also know this: for federal means tested benefits, the agency counts the sponsor's income and resources, and their spouse's, as yours for a period (8 U.S.C. 1631). That can make you ineligible even if your own income is low. Ask a benefits advocate.

How long does the promise last?

Until one of these happens (8 CFR 213a.2(e); 8 U.S.C. 1183a(a)):

• You become a U.S. citizen.
• You have 40 qualifying quarters of work under Social Security, about 10 years. Quarters your parent worked while you were under 18, and quarters your spouse worked during your marriage, can count. A quarter does not count if you got a federal means tested benefit during it.
• You lose permanent residence and leave the U.S.
• You get a new green card through a different case in immigration court.
• You die, or the sponsor dies. (The estate may still owe benefits already paid.)

Debts for benefits paid before the promise ended can still be collected.

Does divorce end it?

No. Divorce is not on the list of events that end the promise. A sponsor who divorces you can still owe support and repayment until one of the events above happens. This surprises many people. If you are going through a divorce, tell your family law attorney about the I-864.

If you are being abused by the sponsor, your safety comes first. You may have your own path. See Can I get a green card if my spouse or parent abuses me?.

What should a sponsor do before signing?

• Read the whole form and instructions, edition 08/24/26.
• Figure out household size honestly. Leaving people off is a common mistake.
• Gather the latest tax return (or IRS transcript), W-2s or 1099s, and recent pay stubs.
• Check for a credit freeze.
• Talk with any joint sponsor or household member about what they are promising.
• Keep a copy. Set a reminder to file Form I-865 after any move.

Signing an I-864 does not give the sponsor control over you, your money or your immigration case.

What mistakes cause problems?

• Using an old edition of the form. USCIS stopped accepting the 10/17/24 edition on October 1, 2026.
• Wrong household size.
• Missing tax return, or a return that doesn't match the income on the form.
• A joint sponsor who doesn't meet the income rule alone.
• Assuming the promise ends with divorce or after five years.

Questions people ask

Does my sponsor have to be a citizen? A sponsor must be a U.S. citizen, national or green card holder, at least 18, and living (domiciled) in the U.S. (8 U.S.C. 1183a(f)).

Can my sponsor live abroad? Generally they must be domiciled in the U.S. Ask a lawyer how domicile works if they live outside the country.

Will they actually be asked to pay? The law lets agencies ask for repayment, and USCIS warns about it on its I-864 page. If an agency contacts the sponsor about repayment, talk to a public benefits lawyer right away.

Does the sponsor pay a fee? There is no USCIS filing fee for Form I-864.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (for low income San Mateo and Santa Clara county residents): (650) 326-6440
• Immigration Institute of the Bay Area, Redwood City office: (650) 587-1558 to book a free first consultation (appointments only)
• Legal Aid Society of San Mateo County: (650) 558-0915
• Catholic Charities of San Mateo County: (650) 295-2160
• For Santa Clara County residents: Office of Immigrant Relations partners
• Anywhere in California: the state's map of free immigration legal services, or call (916) 651-8017
• Anywhere in the U.S.: the Justice Department's list of free legal service providers

For the bigger picture, see How a family member can help you get a green card and Can my US citizen son or daughter sponsor me?.

Is there a checklist I can print?