Affidavit of Support: Income Requirements Explained

When a U.S. citizen or lawful permanent resident petitions for a family member to immigrate, the government wants assurance that the newcomer will not rely on certain federal public benefits. That assurance comes in the form of Form I-864, Affidavit of Support Under Section 213A of the INA.

This is not a simple letter of good intention. It is a legally binding contract between the sponsor and the U.S. government. By signing it, the sponsor promises to support the immigrant at a specific income level and to repay certain means-tested benefits the immigrant may receive. That obligation continues until the immigrant:

• Becomes a U.S. citizen
• Is credited with 40 quarters (roughly 10 years) of work under the Social Security Act
• Leaves the United States permanently
• Dies

Because the commitment is long-term and enforceable in federal court, it is critical that sponsors understand exactly what they are agreeing to before they sign.

Who requires an I-864? In most family-based immigration cases — including immediate relatives (spouses, parents, and unmarried children under 21 of U.S. citizens) and family preference categories — an I-864 is required. It is also required for employment-based cases where a family member filed the petition. Some cases use a simpler form, Form I-864EZ, but only when the sponsor is the petitioner and is using only their own income from wages or salary. When in doubt, review the instructions for both forms on the USCIS website to determine which applies to your situation.

The Petitioning Sponsor

The person who filed the immigrant petition — usually the U.S. citizen spouse, parent, or sibling — is the primary sponsor and must file Form I-864. This is true even if that person's income does not meet the threshold on its own. Filing is a requirement, not an option.

Household Members Who Can Contribute Income

A sponsor does not have to rely solely on their own income. Family members living in the same household who are willing to make their income available to support the immigrant can file Form I-864A, Contract Between Sponsor and Household Member. By signing Form I-864A, they become legally bound by the same obligations as the primary sponsor for the portion of income they are contributing. Household members typically include:

• A spouse
• Any relative listed on the sponsor's federal tax return who lives in the household
• The intending immigrant themselves, if they already live in the household and have their own income

Joint Sponsors

If the petitioning sponsor's income (even after combining household member income) is still not enough, a joint sponsor may step in. A joint sponsor is a separate person who files their own complete Form I-864. They must meet all the basic eligibility requirements independently — meaning they file a separate form based entirely on their own household size and income. The joint sponsor does not need to be related to either the petitioner or the immigrant, but they must be:

• A U.S. citizen or lawful permanent resident
• At least 18 years old
• Domiciled in the United States

Having a joint sponsor is a legitimate and common solution, not a red flag. Many families in Illinois successfully use joint sponsors when, for example, a sponsoring spouse recently changed jobs, is self-employed with variable income, or is a stay-at-home parent.

Substitute Sponsors

In the rare situation where the original petitioner has died and the case continues under a humanitarian reinstatement, a substitute sponsor may file the I-864. The substitute must be a qualifying relative of the immigrant. This is a complex scenario that warrants professional guidance.

The income requirement is tied to the federal poverty guidelines, which are published each year by the U.S. Department of Health and Human Services. USCIS uses these guidelines to set the minimum income a sponsor must have.

The general rule: A sponsor must demonstrate income of at least 125% of the federal poverty guideline for their household size. Sponsors on active duty in the U.S. Armed Forces petitioning for a spouse or child need only meet 100% of the poverty guideline.

Because the poverty guidelines are updated annually, never rely on a figure you saw in a past article or form. Always check the current poverty guidelines table published in the I-864 instructions on USCIS.gov, or check the table that USCIS posts separately each year. Using an outdated number is one of the most common — and easily avoidable — mistakes.

How to count your household size

Household size is not simply the number of people living under your roof. For I-864 purposes, you count:

1. Yourself (the sponsor)
2. Your spouse (if you have one)
3. All your children under 18 (wherever they live)
4. Anyone else you claimed as a dependent on your most recent federal tax return
5. Any immigrants you have previously sponsored on an I-864 who are still within the U.S. and still subject to your prior obligation
6. The intending immigrant(s) themselves — even though they are not yet in the U.S.

This last point trips people up. If you are sponsoring your spouse, that person counts toward your household size even though they live abroad. So a sponsor living alone would have a household size of at least 2 when sponsoring a spouse.

What counts as income?

USCIS looks at your total household income as reported on your most recent federal income tax return. Acceptable income includes wages, salaries, tips, net self-employment income, rental income, dividends, interest, and alimony. You generally need to provide:

• Your most recent federal tax return (or IRS transcript)
• W-2s or 1099s
• A recent pay stub or employer letter showing current wages
• Evidence of any other income sources claimed

If your tax return income was temporarily low due to a layoff or unusual circumstance but your current income is higher, you can explain this with current employment evidence. USCIS officers consider the totality of your financial situation, but the tax return is the starting point.

Assets as a substitute

If your income alone does not reach 125% of the poverty guideline, you may be able to use assets to make up the difference. For most family-based categories, the assets must equal at least five times the difference between your income and the required amount. For the spouse or unmarried child of a U.S. citizen, the multiplier is three times the difference. Acceptable assets include savings accounts, stocks, bonds, and real estate equity (at current appraised value minus the mortgage).

For immigrants and sponsors in the Chicago metropolitan area, understanding where your case is processed matters. Most immigrant visa applications initiated abroad go through the National Visa Center (NVC) and then a U.S. consulate or embassy overseas. Once the immigrant arrives and receives their green card, or if the adjustment of status is filed here in the United States, the USCIS Chicago Field Office becomes involved.

Applicants adjusting status in Illinois will typically attend their biometrics appointment at an Application Support Center (ASC) in the Chicago area and have their interview — if required — at the Chicago Field Office. Your Form I-864 package, along with all supporting financial documents, must be complete and organized before that interview. An incomplete or inconsistent affidavit of support is one of the most frequent reasons a Chicago-area adjustment interview results in a request for additional evidence (RFE) or a continuation.

Illinois-specific note: Illinois is a state that has, at various times, required sponsored immigrants to repay certain state-funded public benefits if they use them within a specified period, consistent with the federal affidavit of support framework. Sponsors in Illinois should understand that the obligation they are taking on is not merely theoretical.

If your case is in removal proceedings, the Chicago Immigration Court — part of the Executive Office for Immigration Review (EOIR) — handles hearings for Illinois residents. While the I-864 itself is typically a consular or USCIS matter rather than an immigration court matter, public charge determinations can intersect with court proceedings in complex cases.

For current information about the Chicago Field Office location, hours, and scheduling, visit the USCIS website directly at uscis.gov and search for the Chicago Field Office page.

Even well-prepared sponsors make avoidable mistakes on Form I-864. Here are the most frequent problems and what to do instead.

1. Using the wrong form Some sponsors use Form I-864EZ when they do not qualify for it, or forget that a household member contributing income needs their own Form I-864A. Read the eligibility instructions for each form carefully.

2. Miscounting household size As explained above, the intending immigrant always counts. Many sponsors forget to include prior sponsored immigrants who are still under their obligation, which artificially lowers their apparent household size and makes their income look more than sufficient — until an officer catches it.

3. Submitting an outdated tax return USCIS generally wants your most recent tax return. If you filed an extension, submit what you have and explain. If your prior year income was unusually low, include current pay stubs and an employer letter to show your current earning level.

4. Forgetting to sign Form I-864 requires a wet signature — or, for online filings, an electronic signature. It also requires the immigrant to sign a separate acknowledgment. Missing signatures are a leading cause of RFEs and delays.

5. Not disclosing prior sponsorships If you have signed I-864 forms for other immigrants in the past who are still in the U.S. and have not yet reached the end of the obligation period, those individuals count toward your household size. Omitting them is both inaccurate and can lead to serious problems.

6. Inconsistent documents If your tax return shows a different address, name spelling, or income figure than your pay stubs or employer letter, officers will question the discrepancy. Organize your documents carefully and include a brief explanation letter if anything appears inconsistent.

7. Assuming a joint sponsor is not allowed Some sponsors hesitate to involve a joint sponsor because they fear it looks bad. It does not. USCIS specifically provides for joint sponsors in the regulations. Using one correctly is far better than submitting a borderline application and hoping for the best.

8. Ignoring the domicile requirement The sponsor must be domiciled in the United States — meaning the U.S. must be their primary, permanent home. U.S. citizens living abroad can sometimes establish domicile by showing they intend to return and taking concrete steps to do so. This is a nuanced area that requires careful documentation.

Gathering your financial documents before you start filling out the form saves time and reduces errors. Here is a practical checklist to guide your preparation:

• Identify which form(s) you need: I-864, I-864A (for household members), and/or a separate I-864 for a joint sponsor
• Pull your federal tax returns: Collect the most recent year, plus prior years if they tell a stronger financial story (though USCIS focuses on the most recent)
• Gather W-2s and 1099s for the tax year(s) you are submitting
• Get a current pay stub dated within the last few months
• Obtain an employer letter confirming your position, salary, and employment type (full-time vs. part-time)
• Document assets if needed: Bank statements, investment account statements, property appraisal, and mortgage statement
• Count your household size carefully using the instructions above
• Check the current poverty guidelines on the USCIS I-864 instructions page to confirm you meet the 125% threshold
• Have the form reviewed before signing — errors are much easier to fix before submission than after

If you are not sure whether your income qualifies, or if your financial situation is complicated — self-employment, recent job change, income from multiple sources, or prior sponsorship obligations — it is worth getting a professional review of your documents before you submit.

The affidavit of support is one of those parts of the immigration process where careful preparation genuinely pays off. A complete, consistent, well-organized I-864 package moves through USCIS review more smoothly and gives the officer confidence in the application. For Illinois families navigating the Chicago Field Office process, that preparation can mean the difference between an approved case at the interview and an unnecessary delay.

For official form instructions, current poverty guidelines, and filing information, visit uscis.gov and search for Form I-864. All instructions and forms are available as free downloads directly from USCIS.

This article provides general information only and is not legal advice. Every immigration case is different. Consult a qualified immigration attorney for guidance specific to your situation.