Form I-864, Affidavit of Support Under Section 213A of the Immigration and Nationality Act, is a legally enforceable contract between the sponsor and the U.S. Government. By signing it, the sponsor agrees to financially support the intending immigrant at 125% of the Federal Poverty Guidelines so the beneficiary does not become a public charge. The obligation continues until the beneficiary naturalizes, accrues 40 qualifying quarters of work under the Social Security Act, leaves the US and permanently terminates LPR status, or dies.
Who must file I-864
- The U.S. citizen or LPR petitioner on most family-based immigrant petitions (I-130, I-129F that converts to AOS).
- Employment-based applicants where a U.S.-citizen or LPR relative owns 5% or more of the petitioning entity.
- Orphans and Hague Convention adoption cases (Form I-864W exemption commonly applies — we'll prepare the right form).
Income threshold and ways to meet it
The sponsor must show household income at or above 125% of the current Federal Poverty Guidelines (100% for active-duty US armed forces sponsoring a spouse or child). The "household" includes the sponsor, dependents, the intending immigrant, and any prior beneficiaries the sponsor is still obligated to. If income alone is short, you can use:
- Household member income — file Form I-864A to add a relative's income to the sponsor's.
- Assets — 1/3 (LPR spouse/minor child of US citizen) to 5x (most others) of the shortfall, in liquid assets.
- Joint sponsor — a separate person who meets the threshold on their own and signs a separate I-864.
What we prepare
- Form I-864 — main affidavit with sponsor biographic, household-size, and income data.
- Form I-864A — companion contract for household members whose income is being counted.
- Form I-864EZ — the simpler version where it applies.
- Form I-864W — exemption request for the beneficiaries who don't need an I-864.
- Supporting evidence — most recent federal tax return transcript (or full 1040 with W-2 / 1099), proof of current employment, asset documentation if used, sponsor's evidence of US citizenship or LPR status, household-member evidence of relationship and residence.
What we do not do
Imverica is a California Legal Document Assistant and Immigration Consultant. We prepare the I-864 package accurately at your direction. We do not give legal or tax advice — we cannot tell you whether the sponsor's income calculations will survive USCIS or consular review, whether assets you propose will be accepted, or whether a joint sponsor is strategically wise. Those determinations involve immigration and tax law; complex income situations (self-employment, rental losses, business income flowing through K-1s, recent tax-debt adjustments) often need an immigration attorney and a CPA.
Statutory authority: Immigration and Nationality Act §213A, 8 U.S.C. §1183a (Affidavit of Support obligations); 8 C.F.R. §213a (procedure); USCIS Policy Manual Volume 7 (Affidavit of Support). Document preparation only — not legal or tax advice.