I-864 Affidavit of Support: 2026 Income Requirements

Form I-864 (Affidavit of Support) is a legally binding contract you sign as the U.S. sponsor promising that the immigrant will not become a public charge — that is, dependent on government assistance. It is required for most family-based green cards, including marriage green cards and K-1 fiancé visa cases, and it is one of the most common sources of RFEs and interview questions.

This guide covers the 2026 income thresholds, how to count your household correctly, what to do if your income falls short, and the long-term obligation you are taking on when you sign.

Who must file Form I-864

You must file Form I-864 if you are the petitioning U.S. citizen or lawful permanent resident sponsoring a family member for a green card. It is also required for:

• Diversity Visa winners — the NVC requires a completed I-864 before the immigrant visa interview
• Employment-based green cards where the petitioning employer is a relative of the immigrant or the immigrant owns 5%+ of the petitioning company

I-864 is not required for:

• Asylum-derived green cards
• Refugee adjustments
• VAWA self-petitions
• Special Immigrant Juvenile (SIJ) cases
• T visa and U visa green cards
• Most self-petitioned employment cases (EB-1A, EB-1B, EB-2 NIW)

The 2026 income thresholds (125% of poverty guideline)

The U.S. Department of Health and Human Services (HHS) publishes new poverty guidelines each January, and USCIS begins using the updated thresholds on March 1. The guidelines effective March 1, 2026 are:

Military exception: Active-duty military members sponsoring a spouse or unmarried child must only meet the 100% threshold, not 125%.

Alaska and Hawaii: HHS publishes separate, higher poverty guidelines for these states. USCIS uses the state-appropriate guideline for sponsors domiciled there.

How to count your household size

Getting the household size right is critical — most I-864 RFEs stem from undercounting household members.

Your household size is the total of:

1. Yourself — always count 1
2. Your spouse — count 1 (even if temporarily abroad)
3. All dependents on your most recent federal tax return — including children, step-children, and any other dependents you claimed
4. Anyone you are legally required to support — even if not claimed on taxes
5. Anyone previously sponsored on Form I-864 whose obligation has not ended — if you sponsored an immigrant in a prior case and that obligation is still active, count them
6. The intending immigrant(s) in the current petition — count each immigrant (principal + derivatives) even if they do not live with you

Do not count:

• Roommates or unrelated housemates
• People who support themselves independently
• People whose I-864 obligations have terminated

Example

A U.S. citizen sponsor with a spouse and two dependent children is sponsoring their sibling for a green card. Household size = 1 (self) + 1 (spouse) + 2 (dependents) + 1 (sibling being sponsored) = 5 people. Required minimum income for 2026: $48,350.

How income is counted

USCIS looks at your household income — primarily your current individual income (not your household combined unless a qualifying household member agrees to be counted via Form I-864A).

Acceptable income sources:

• Wages and salaries (W-2)
• Self-employment income (Schedule C, F, or SE)
• Social Security income
• Pension, retirement, and disability income
• Alimony (current, documented, likely to continue)
• Child support received
• Unemployment benefits (if likely to continue)
• Interest and dividends

Immigration attorneys typically recommend submitting your 3 most recent tax returns even though I-864 only requires the most recent, because consistent income history strengthens the record.

What if your income is too low?

Option 1: Joint sponsor

A joint sponsor is a second U.S. citizen or LPR who signs a separate Form I-864 and independently agrees to support the immigrant. The joint sponsor:

• Must be 18 or older and domiciled in the U.S.
• Must independently meet the 125% threshold for their own household size (counting the immigrant as part of their household)
• Cannot simply add their income to yours — they must qualify alone
• Takes on the same legally binding obligation as the primary sponsor

Joint sponsors are very common — parents, siblings, adult children, and friends all serve in this role regularly.

Option 2: Household member income (Form I-864A)

A member of your household can agree to make their income and assets available to support the immigrant by signing Form I-864A (Contract Between Sponsor and Household Member). This person must:

• Live in your household
• Be a U.S. citizen, national, or LPR (or be the intending immigrant themselves, if already authorized to work in the U.S.)

Combined income (sponsor + I-864A signer) is then applied to the 125% threshold. This is different from a joint sponsor — the I-864A person does not file a separate I-864.

Option 3: Assets

If your income alone does not reach 125%, you can supplement with assets. The calculation:

1. Subtract your household income from the required 125% threshold
2. The gap must be covered by assets worth at least 3× the difference for immediate relatives; 5× the difference for other family preference categories

Countable assets:

• Checking and savings account balances
• Stocks and bonds (at current market value)
• Real estate equity (appraised value minus mortgage balance)

Not countable: Most retirement accounts that cannot be liquidated (401k, IRA), personal property, cars, retirement income streams that are already counted as income.

The I-864 obligation — what you are actually signing

Form I-864 is a legally enforceable contract. The federal government and the immigrant can both sue you for reimbursement if the immigrant receives means-tested public benefits while your obligation is active.

Your obligation ends when:

• The immigrant naturalizes as a U.S. citizen
• The immigrant accumulates 40 qualifying quarters of Social Security work credits (approximately 10 years of U.S. work)
• The immigrant permanently leaves the U.S. and formally abandons LPR status
• The immigrant dies
• A court deports the immigrant

Your obligation does NOT end because:

• The immigrant divorces you
• You remarry
• You lose your job or income drops
• You move abroad
• You divorce the immigrant

Courts in multiple jurisdictions have held that sponsors are liable for reimbursement of public benefits even after divorce — sometimes for years of government assistance.

Common I-864 mistakes

• Not including all household members. Forgetting a previously sponsored immigrant or an unlisted dependent is the most common RFE trigger.
• Submitting only a W-2 instead of a full tax return. USCIS requires the complete Form 1040, not just wage statements.
• Not filing taxes in recent years. If you were not required to file, provide a signed written explanation. If you were required but did not file, correct this before submitting I-864.
• Using joint household income without an I-864A. You cannot simply report a spouse’s income on your I-864 unless they sign Form I-864A.
• Not updating documents at interview. If your income has changed since filing, bring updated pay stubs or a current employer letter to the USCIS interview.

Costs and where I-864 fits in the process

Form I-864 itself has no filing fee — it is submitted as part of the immigrant’s application package, either with the I-485 (adjustment of status) or through the National Visa Center (NVC) for consular processing.

For adjustment of status cases, I-864 is submitted as part of the Form I-485 package. For consular cases, the NVC collects it during the document-collection phase before the immigrant visa interview.

If you are sponsoring a spouse, also see:

• Marriage Green Card guide — full evidence and process guide
• Adjustment of Status guide — all I-485 documents and steps
• Removal of Conditions guide — what comes after the 2-year conditional green card

Not legal advice. The I-864 is a legally binding federal contract. Income thresholds update annually on March 1. Always verify the current poverty guidelines at USCIS.gov/i-864p before filing, and consult a licensed immigration attorney if your financial situation is complex or close to the threshold.