The US government requires that anyone sponsoring an immigrant demonstrate the financial ability to support them. This is not a suggestion — it is a legally binding contract. Form I-864, the Affidavit of Support, is required in virtually every family-based green card case, including spousal cases.
The purpose is to ensure that the immigrating spouse will not become a "public charge" (dependent on government benefits). The sponsor is agreeing to maintain the immigrant at 125% of the federal poverty guidelines until the immigrant either becomes a US citizen, works 40 qualifying quarters of Social Security coverage, leaves the US permanently, or dies.
The sponsor's household income must meet or exceed 125% of the Federal Poverty Guidelines for their household size. Household size includes:
2025 Federal Poverty Guidelines (125%) for the 48 contiguous states:
| Household Size | Minimum Required Income |
|---|---|
| 2 (sponsor + spouse) | $25,550 |
| 3 | $32,188 |
| 4 | $38,825 |
| 5 | $45,463 |
| 6 | $52,100 |
Alaska and Hawaii have higher thresholds. Check the USCIS I-864P Poverty Guidelines page for current numbers.
This is gross income (before taxes), not net income.
Income is based primarily on your most recent federal tax return, supplemented by current evidence:
Primary evidence:
What counts:
What does NOT count:
If your income is below the threshold, you can use assets to make up the difference. The formula:
(Assets - Liabilities) must be at least 3x the difference between your income and the threshold
For spousal cases, the multiplier is 3x (not 5x as for other family categories).
Example: If the threshold is $25,550 and your income is $20,000, the shortfall is $5,550. You would need $5,550 x 3 = $16,650 in net assets.
Acceptable assets include:
You must document asset values with bank statements, brokerage statements, property appraisals, or similar evidence.
A joint sponsor is another person who agrees to take on the same financial obligation as the primary sponsor. The joint sponsor:
The joint sponsor files their own Form I-864 with their own tax returns and financial documentation. Both the primary sponsor and joint sponsor are independently liable — if the immigrant receives public benefits, the government can sue either or both sponsors.
Common misconception: A joint sponsor does not "supplement" the primary sponsor's income. The joint sponsor must qualify on their own. It is the joint sponsor's household income that is evaluated, not the combined income of both sponsors.
A household member (someone who lives with you and is listed on your tax return, or who will live with you and the immigrant) can contribute their income using Form I-864A. Unlike a joint sponsor, a household member's income is added to the primary sponsor's income.
This is useful when the sponsor and another family member (a working adult child, for example) live together and their combined income meets the threshold.
The I-864 is a legally enforceable contract between the sponsor and the US government. This means:
This is the most under-appreciated aspect of immigration sponsorship. Many sponsors sign the I-864 without understanding that they are agreeing to a financial obligation that survives divorce and can last decades.
| Form | Filed by | Purpose |
|---|---|---|
| I-864 | Primary sponsor (US citizen spouse) | Main Affidavit of Support |
| I-864 | Joint sponsor (if needed) | Separate affidavit from a co-sponsor |
| I-864A | Household member (if contributing income) | Contract between household member and sponsor |
| I-864W | N/A for spousal cases | Exemption request (not applicable here) |
The I-864 itself has no filing fee, but gathering the supporting documentation (tax transcripts, appraisals) may have costs.
| Mistake | Consequence | Prevention |
|---|---|---|
| Using net income instead of gross | Appears to fall short of threshold | Always use gross income from tax returns |
| Forgetting to count the immigrant in household size | Using wrong threshold | Household size = current dependents + the immigrant |
| Missing tax return transcripts | RFE or delay | Order IRS transcripts early (Form 4506-T or irs.gov) |
| Relying on immigrant's income when they lack work authorization | Income not counted | Only count immigrant income if they have valid EAD or work visa |
| Not understanding the post-divorce obligation | Surprise liability | Read the I-864 instructions carefully; consult an attorney if concerned |
| Joint sponsor who does not independently qualify | Rejection of I-864 | Joint sponsor must meet threshold for their own household + the immigrant |