QUICK ANSWER Form I-864 (Affidavit of Support) is a legally enforceable contract in which a U.S. citizen or lawful permanent resident agrees to financially support a family member seeking a green card at a minimum of 125% of the federal poverty guideline for their household size. For 2026, this threshold was approximately $27,050 for a household of two. The obligation continues until the immigrant becomes a U.S. citizen, works 40 qualifying quarters, permanently leaves the U.S., or dies. This obligation survives divorce — courts have consistently enforced I-864 claims by immigrants against ex-sponsors.
Form I-864 Affidavit of Support Guide – For Families in Texas
Most people think of the Affidavit of Support as “just a form” you fill out and forget once the green card is approved.
In reality, it is a legally binding contract with long-term financial responsibilities that most sponsors do not fully understand until problems arise.
If you are sponsoring a family member for a green card — or if your own green card depends on a sponsor — it is essential to understand what you are signing.
What Is Form I-864 and What Does It Legally Commit Me To?
By signing Form I-864, the sponsor promises the U.S. government that the immigrant will not become a “public charge.” The sponsor agrees to support the immigrant at 125% of the federal poverty guideline for the combined household size.
This obligation does not end when the green card is approved or when the immigrant starts working. It continues until one of these events occurs:
- The immigrant becomes a U.S. citizen
- The immigrant works 40 qualifying quarters (about 10 years)
- The immigrant permanently leaves the United States
- The immigrant passes away
If the immigrant receives certain government benefits, the government can seek reimbursement from the sponsor. The immigrant can also sue the sponsor directly in civil court.
What Is the Income Requirement for an I-864?
Your household income must be at least 125% of the federal poverty level, including the sponsored immigrant as a household member.
For 2026, the approximate thresholds were:
- Household of 2: $27,050
- Household of 4: $41,250
These numbers are updated annually — always check the current figures at uscis.gov.
If your income is not enough, you have three main options:
- Add a joint sponsor (most common)
- Include income from a household member using Form I-864A
- Use qualifying assets to make up the difference
What Documents Does USCIS Require With the I-864?
USCIS requires:
- Most recent federal income tax returns (often the last 3 years)
- W-2s and 1099s
- Proof of current employment (pay stubs or employer letter)
- Evidence of U.S. citizenship or lawful permanent resident status
Missing, incomplete, or inconsistent tax documents are one of the most common reasons for a Request for Evidence (RFE) or denial in family-based cases.
Does the I-864 Obligation End If the Sponsor and Immigrant Divorce?
No.
The financial obligation under the I-864 is not terminated by divorce. Even after the marriage ends, the sponsoring ex-spouse remains legally responsible for supporting the immigrant at the 125% poverty level until one of the terminating events occurs. Federal courts have consistently enforced this obligation.
How Can Filing an Incomplete I-864 Delay a Green Card?
An incomplete, inconsistent, or poorly documented I-864 is one of the top reasons family-based green card applications are delayed. Common issues include mismatched income numbers, incorrect household size, missing joint sponsor documents, or insufficient tax returns.
Our team in Arlington carefully reviews every I-864 package before filing to avoid these problems.
Frequently Asked Questions
Q: What is Form I-864, Affidavit of Support? A: It is a legally enforceable contract in which a U.S. citizen or LPR sponsor promises to financially support an immigrant at 125% of the federal poverty level so they will not become a public charge.
Q: What income do I need to sponsor someone for a green card? A: Your household income must be at least 125% of the federal poverty guideline, including the sponsored person. For 2026, this was about $27,050 for a household of two. Always verify current amounts at uscis.gov.
Q: What is a joint sponsor for an I-864? A: A joint sponsor is a separate U.S. citizen or LPR who files their own I-864 and accepts the same legal obligations when the primary sponsor’s income is insufficient. They do not need to be related to the immigrant.
Q: Does the Affidavit of Support obligation end after divorce? A: No. The I-864 obligation survives divorce. The ex-sponsor remains financially responsible until the immigrant becomes a citizen, works 40 quarters, leaves the U.S. permanently, or dies.
Q: What documents does USCIS require with the I-864? A: Recent federal tax returns, proof of current income, and evidence of the sponsor’s immigration status. Inconsistent or missing tax documentation is a frequent cause of delays and RFEs.
About This Article
Based on content originally co-authored by Attorney Carrie Nguyen and criminal defense attorney Benson Varghese. Original article: versustexas.com/blog/immigration-consequences. This version has been rewritten for current practice.
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