On This Page
- Overview
- You can be the sponsor on an I-864 if
- What the I-864 is
- The income rules: 125%, 100% for military, and assets
- Joint sponsors and household members
- What the sponsor is promising, and when it ends
- The public charge rule since September 18, 2026
- How we prepare the affidavit on the border
- How we handle the I-864 and public charge review
- What it costs and how long it takes
- Frequently Asked Questions
Overview
- Form I-864 is the petitioner's binding promise to support the immigrant at 125% of federal poverty guidelines, or 100% for active-duty military sponsoring a spouse or child.
- The petitioner always signs an I-864, even with a joint sponsor, and must be a citizen or resident at least 18 and domiciled in the United States.
- If income falls short, a sponsor can count assets worth five times the shortfall (three times for a citizen's spouse or child) or add a joint sponsor.
- A DHS public charge rule effective September 18, 2026 also weighs the immigrant's circumstances; the sponsor's obligation lasts until naturalization, 40 work quarters, death or permanent departure.
- Filing fee
- $0
- Typical time
- usually 3–10 years
- Reviewed
- October 19, 2026
You can be the sponsor on an I-864 if
- You are the petitioner on the I-130 or I-129F. The petitioner always signs an I-864, even when a joint sponsor is added
- You are a U.S. citizen or lawful permanent resident, at least 18 years old, and domiciled in the United States, or you will re-establish a U.S. domicile before the immigrant enters
- Your household income on your most recent federal tax return is at least 125% of the poverty guidelines for your household size: you, your dependents, the immigrants on this petition, and anyone you sponsored before whose obligation has not ended
- Or you are on active duty in the U.S. armed forces and are sponsoring your spouse or child, in which case 100% of the guidelines is enough
- If income falls short, you have assets that can be converted to cash within a year worth five times the shortfall, or three times the shortfall when sponsoring the spouse or child of a U.S. citizen
- Or you have a joint sponsor: a U.S. citizen or resident who meets 125% on their own household and accepts the same legal obligation
- The immigrant is not exempt. Exemptions cover people with 40 qualifying quarters of work, children who become citizens automatically on entry, and VAWA self-petitioners, who file Form I-864W instead
The most common trap is counting the wrong household. Everyone you claimed as a dependent on your taxes, every immigrant you sponsored on a prior I-864 whose obligation has not ended, and every immigrant on this petition counts toward household size. A sponsor whose income is fine for one person is often short for a family of four.
Sound like your situation? Request a consultation or call 888-305-0261.
What the I-864 is
Almost every family-based immigrant must have an Affidavit of Support on file before a green card is approved. Form I-864 is a contract between the sponsor and the U.S. government, enforceable by the immigrant and by any agency that later pays the immigrant a means-tested public benefit. The sponsor promises to keep the immigrant's income at or above 125% of the federal poverty guidelines and to repay any means-tested benefit the immigrant receives while the obligation lasts.
In an adjustment of status case the I-864 is filed with the I-485 at USCIS. In a consular case it goes to the National Visa Center with the DS-260, and the officer in Ciudad Juárez reviews it again at the interview. The evidence is the same in both: the sponsor's most recent federal tax return or IRS transcript, W-2s or 1099s, and current pay stubs or an employer letter.
The income rules: 125%, 100% for military, and assets
The sponsor's household income must reach 125% of the poverty guidelines for the sponsor's household size. There is one exception: a petitioner on active duty in the U.S. armed forces who is sponsoring their own spouse or child needs only 100%.
When income is short, assets can fill the gap: five times the difference between income and the required amount, or three times when a U.S. citizen sponsors a spouse or child. Cash, savings, stocks and the equity in real property count if they can be turned into cash within a year. The immigrant's own assets count too, but property in Mexico needs an appraisal and proof of ownership the consulate will accept.
Joint sponsors and household members
A joint sponsor is a separate U.S. citizen or resident, often a relative or friend, who files their own I-864 and meets 125% for their own household plus the immigrant. Incomes are not combined; each affidavit stands alone, and at most two joint sponsors can be used for one family. A household member who lives with the sponsor can instead add income through Form I-864A.
In our Juárez cases the petitioner frequently lives in Mexico with the family and works across the bridge, or has no U.S. tax returns at all. That raises two questions at once: whether the petitioner is domiciled in the United States, and whether a joint sponsor is needed. We resolve both before the case reaches the NVC, because a rejected affidavit adds months to the file.
What the sponsor is promising, and when it ends
The obligation lasts until the immigrant becomes a U.S. citizen, is credited with 40 quarters of work under Social Security (about ten years, and a spouse's quarters during the marriage count), leaves the United States permanently, or dies. The sponsor's death also ends it. Divorce does not: courts have ordered ex-spouses to pay support under the I-864 years after the marriage ended. USCIS charges nothing for the form; the National Visa Center charges $120 per case to review it.
The public charge rule since September 18, 2026
The I-864 asks whether someone will support the immigrant; the public charge ground of inadmissibility, INA 212(a)(4), asks whether the immigrant is likely to depend on the government. On July 20, 2026 DHS published a final rule that rescinded the 2022 public charge rule, effective September 18, 2026. Under USCIS Policy Manual Volume 8, Part G, officers now weigh the totality of the applicant's circumstances: age, health, family status, assets and resources, education and skills, and the affidavit of support. They may consider all means-tested benefits the applicant received, including non-cash benefits that the 2022 rule largely excluded.
The rule applies to I-485s postmarked or filed online on or after September 18, 2026; earlier filings stay under the 2022 rule. A new edition of Form I-485, dated 09/18/26, is required with no grace period. Form I-944, the Declaration of Self-Sufficiency from the 2019 rule, is not in use; the public charge questions are built into the new I-485. Which benefits count, and whether benefits used by other household members count, we review case by case against the Policy Manual chapter, which has changed twice since August 2026.
How we prepare the affidavit on the border
We start with the sponsor's tax history, because many border petitioners file with an ITIN, have cash income, or claimed relatives in Mexico as dependents, and each of those changes the math. We decide whether a joint sponsor is needed before the NVC asks, screen the applicant for public charge factors under the current chapter, and prepare the sponsor for the income questions a Juárez officer asks.
How we handle the I-864 and public charge review
Household and income analysis
We count the household correctly, pull the sponsor's tax transcripts and current income, and compare them to the guidelines in force, applying the 100% military rule where it fits.
Joint sponsor or assets
If income is short we identify a joint sponsor or value assets, and we explain the contract to anyone who signs before they commit.
Public charge screening
We review the applicant's age, health, benefits history, education and work against the Policy Manual chapter in force on the filing date.
Preparing the forms
We complete the I-864, any I-864A or joint-sponsor I-864, and the 09/18/26 edition of the I-485 or the DS-260, with the supporting tax and income evidence.
Filing with USCIS or the NVC
We file with the I-485, or upload to the NVC and pay the $120 review fee, and we answer any checklist or request for evidence within the deadline.
Interview and after
We prepare the sponsor and applicant for the income questions at the USCIS or Juárez interview, and we calendar when the sponsor's obligation is expected to end.
What it costs and how long it takes
Government fees and processing times as published on October 19, 2026. We re-check them every quarter.
| Form I-864 filed with USCIS (adjustment of status) | $0 |
|---|---|
| Affidavit of Support review fee (consular cases)Paid to the National Visa Center, per case | $120 |
| Form I-130 petition | $675 paper / $625 online |
| Form I-485 adjustment of statusNew edition 09/18/26 required | $1,440 paper / $1,390 online |
| Immigrant visa application (DS-260)Consular cases, paid to the NVC | $325 |
| Attorney fee | Discussed at the consultation |
USCIS fees shown are from the fee schedule in effect on the review date.
| Gathering tax transcripts, W-2s and proof of income | 1–3 weeks |
|---|---|
| NVC review of the affidavit (consular cases)NVC was reviewing documents submitted about 10 weeks earlier on the review date | about 10 weeks |
| USCIS review with the I-485 (adjustment cases)80% of family I-485s completed within 13.5 months in Dallas and 18 months in Houston | 13.5–18 months |
| Sponsor's obligation after the green card | until naturalization, 40 work quarters, death or permanent departure |
| Total, from signing to the end of the obligation | usually 3–10 years |
Ranges reflect posted USCIS and NVC processing times on the review date; the obligation period depends on when the immigrant naturalizes or reaches 40 quarters.
Government fees are set by USCIS and the Department of State and change without notice; the figures here are the published amounts on the review date. Attorney fees are quoted after a consultation and depend on the facts of the case. Processing times are agency estimates, not guarantees.
Frequently Asked Questions
How much income do I need to sponsor my spouse in 2026?
At least 125% of the federal poverty guidelines for your household size, counting yourself, your dependents and your spouse. Active-duty service members sponsoring a spouse or child need only 100%. USCIS publishes the dollar amounts each year on Form I-864P, and the figure that counts is the total income on your most recent federal tax return.
Does the I-864 have a filing fee?
No fee at USCIS. In a consular case the National Visa Center charges a $120 Affidavit of Support review fee per case, paid online along with the $325 DS-260 fee. Joint-sponsor affidavits and Form I-864A carry no fee.
What if I do not make enough money to sponsor my relative?
You have three options: count assets worth five times the shortfall (three times for the spouse or child of a U.S. citizen), add a household member's income with Form I-864A, or find a joint sponsor who meets 125% on their own. You still sign your own I-864 as the petitioner.
Who can be a joint sponsor?
Any U.S. citizen or permanent resident who is at least 18, lives in the United States, and has household income of at least 125% of the poverty guidelines for their own household plus the immigrant. A joint sponsor does not need to be related to either of you, but they take on the same legal obligation as the petitioner.
Can I use income from my job in Mexico on the I-864?
Usually not, unless the income will continue from the same source after you move to the United States. The affidavit asks for income that will support the immigrant in the U.S., so border petitioners who work in Mexico typically need a joint sponsor or qualifying assets.
Do I have to file taxes to sponsor someone?
Yes, if you were required to file. The I-864 requires your most recent federal tax return or an explanation of why you were not required to file. Petitioners who have not filed need to catch up, with an ITIN if necessary, before the affidavit is submitted.
When does my obligation under the I-864 end?
When the immigrant becomes a U.S. citizen, is credited with 40 quarters of Social Security work (about ten years), permanently leaves the United States and gives up residence, or dies. Your own death also ends it. Divorce does not.
What is the public charge rule in 2026?
A DHS final rule effective September 18, 2026 rescinded the 2022 rule. USCIS now weighs the totality of circumstances, including age, health, family status, finances, education and the affidavit of support, and may consider any means-tested benefit the applicant received, including non-cash benefits. It applies to I-485s filed on or after September 18, 2026.
Do I need to file Form I-944?
No. Form I-944, the Declaration of Self-Sufficiency, was retired in 2021 and the 2026 rule did not bring it back. The public charge questions are built into the 09/18/26 edition of Form I-485, which is now the only edition USCIS accepts.
Will using Medicaid or SNAP hurt my green card case?
It can be weighed. Under the rule in force since September 18, 2026, officers may consider means-tested benefits the applicant received, including non-cash benefits, as one factor in the totality of circumstances. The weight depends on which benefits, how long, and the rest of the applicant's circumstances, so get a case-specific review before you file.
Does the public charge rule apply at the consulate in Juárez?
Yes. Public charge is a ground of inadmissibility that consular officers apply too, and the State Department paused immigrant-visa interviews in late August 2026 to train officers on the new standard. The I-864, the sponsor's tax documents and the applicant's own finances are reviewed at the interview.
Every case is different — these answers are general information, not legal advice about your situation. For advice about your case, call 888-305-0261 or request a consultation.