Form I-864 Explained: A Detailed Guide For Green Card Sponsors

Applying for a Green Card requires numerous immigration forms, including Form I-864.

But what is I-864 and what is its role in the application process?

We will explain its importance, when and how to file I-864 and answer common questions on the topic.

Plus, we will share how The Law Offices of Spar Bernstein can help with completing and filing I-864 and other USCIS immigration forms.

Bradford H. Bernstein

This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

View Brad's Bio

Bradford H. Bernstein

What Is Form I-864?

Form I-864, an Affidavit of Support, is a document signed by U.S. citizen or lawful permanent resident showing they have enough income to support a family member for immigration.

The U.S. citizen or lawful permanent resident (Green Card holder) is known as a sponsor while the immigrant is referred to as a beneficiary.

I-864 is required by the U.S. Citizenship and Immigration Services (USCIS) and serves as a legally binding contract between the U.S. sponsor and the U.S. government to ensure the immigrant will not rely on government support.

I-864 is an important part of the immigration process. If the sponsor does not file the form, the immigrant’s application may be denied or delayed.

I-864 is filed for any member sponsored by a U.S. citizen or Green Card holder.

When Is Form I-864 Used?

Demonstrating financial support for an immigrant is necessary in several scenarios, including:

• Family immigration, when a sponsor petitions for a spouse, child, parent, or sibling to immigrate to the U.S.
• Employment immigration, when a sponsor owns a significant part of the company (5% or more)
• Adjustment of status applications, when the immigrant is already in the U.S. and is applying to adjust their status based on family relationship or employment

Who Can File I-864?

I-864 is filed by a U.S. citizen or Green Card holder meeting the following requirements:

• Is at least 18 years old
• Resides in the U.S. or intends to return to the U.S.
• Has an income of at least 125% of the Federal Poverty Guidelines

If the sponsor’s income is not enough, they can use their assets to meet the required amount or get help from a joint sponsor.

The sponsor’s responsibility under I-864 lasts until:

• The beneficiary becomes a U.S. citizen
• The beneficiary works for 40 quarters, or approximately 10 years in the U.S.
• The beneficiary permanently leaves the U.S.
• The sponsor or beneficiary passes away

Divorce does not end the sponsor’s obligations under I-864. Read our extensive guide about divorce after a Green Card.

Form I-864: The Process

An essential part of the Green Card process, I-864 is submitted when the immigrant applies for a Green Card.

• For immigrants applying from within the U.S., it is filed concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status.
• For immigrants applying from outside the U.S. via consular processing, it is submitted with DS-260, Immigrant Visa Application.

Providing I-864 early in the process allows the U.S. government to verify the sponsor’s ability to support the immigrant before giving them a Green Card.

Here are the steps for I-864:

1. Find The Form On The USCIS Website

Go to the USCIS’ website and download the current version of I-864 — you can see the form’s validity date in the top right corner.

2. Complete I-864

Follow I-864 filing instructions to complete the Affidavit of Support, providing all required information, including your name, address, Social Security number, and signature.

3. Gather Supporting Documents

Prepare all necessary documents, including proof of U.S. citizenship or lawful permanent resident status, proof of income, pay stubs, and recent income tax returns.

4. File I-864

Include the form along with supporting documents in the Green Card or visa application package.

Currently, you can only submit Form I-864 by mail if you are applying from withing the United States. The USCIS lockbox address will depend on application type and the state you reside in.

For family-based applications:

• If you live in Texas, mail I-864 to:

USCIS Dallas Lockbox

U.S. Postal Service (USPS):

USCIS

Attn: AOS

P.O. Box 650288

Dallas, TX 75265-0288

FedEx, UPS, and DHL deliveries:

USCIS

Attn: AOS (Box 650288)

2501 S. State Hwy. 121 Business

Suite 400

Lewisville, TX 75067-8003

• If you live in Delaware, Georgia, Indiana, Iowa, Kansas, Maryland, Michigan, Mississippi, Missouri, Nebraska, New York, North Carolina, North Dakota, Pennsylvania, South Dakota, Virginia, West Virginia, or Wisconsin, mail I-864 to:

USCIS Elgin Lockbox

U.S. Postal Service (USPS):

USCIS

Attn: AOS

P.O. Box 4109

Carol Stream, IL 60197-4109

FedEx, UPS, and DHL deliveries:

USCIS

Attn: AOS (Box 4109)

2500 Westfield Drive

Elgin, IL 60124-7836

• If you live in Alabama, Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Kentucky, Louisiana, Montana, Nevada, New Mexico, Oklahoma, Oregon, Tennessee, Utah, Washington, or Wyoming, mail I-864 to:

USCIS Phoenix Lockbox

U.S. Postal Service (USPS):

USCIS

Attn: AOS

P.O. Box 20500

Phoenix, AZ 85036-0500

FedEx, UPS, and DHL deliveries:

USCIS

Attn: AOS (Box 20500)

2108 E. Elliot Rd.

Tempe, AZ 85284-1806

• If you live in California, Commonwealth of the Northern Mariana Islands, Connecticut, District of Columbia, Florida, Guam, Illinois, Maine, Massachusetts, Minnesota, New Hampshire, New Jersey, Ohio, Puerto Rico, Rhode Island, South Carolina, U.S. Virgin Islands, or Vermont, mail I-864 to:

USCIS Chicago Lockbox

U.S. Postal Service (USPS):

USCIS

Attn: AOS

P.O. Box 805887

Chicago, IL 60680

FedEx, UPS, and DHL deliveries:

USCIS

Attn: AOS (Box 805887)

131 S. Dearborn St., 3rd Floor

Chicago, IL 60603-5517

If you’re unsure about handling the steps on your own, reach out to our knowledgeable immigration attorneys at Spar & Bernstein.

We will look into the case you are sponsoring and advise on your next steps related to I-864.

Form I-864: Cost

If you are outside the U.S. and submitting the Affidavit of Support with USCIS or the Department of Homeland Security, there is no filing fee.

If you are in the U.S. and filing I-864 with the Department of State, check the applicable processing fees on http://www.travel.state.gov

Form I-864: Processing Time

As part of an immigration package, the I-864 processing time depends on how long it takes to process the Green Card application for the beneficiary.

Visit the USCIS website to check processing times for your specific situation.

Need Help With Form I-864? Schedule A Consultation

Overwhelmed by too many immigration forms? The Law Offices of Spar & Bernstein are here to help.

With 60+ years of experience practicing immigration law and thousands of success stories, our knowledgeable attorneys can help you overcome the complexities of I-864, ensuring accurate form completion.

Our immigration team will:

• Explain your obligations as a sponsor
• Determine if your income meets the requirements of the Federal poverty guidelines
• Suggest alternative solutions if your income is insufficient, such as use of assets and other financial support
• Explain how divorce and loss of job may affect your sponsorship
• Advise on how to find a joint sponsor if your income and assets fall short
• Assist in filling in Form I-864
• Help in gathering supporting documents
• Communicate with USCIS on your behalf
• Recommend the best course of action if there are challenges or obstacles in bringing the beneficiary to the U.S.

Work with our experienced, compassionate team and feel confident knowing that top immigration attorneys are by your side.

Form I-864: FAQs

For more information on Form I-864, find answers to commonly asked questions.

What types of assets can the sponsor use to meet the income requirements?

To meet the income requirements, the sponsor can use different assets, including savings, stocks, bonds, or property.

What if the sponsor cannot meet the I-864 income requirements?

If the sponsor cannot meet I-864 income requirements, the application will be denied, unless they use other financial support or the help of a joint sponsor.

Can the sponsor include income from a second job in I-864?

Yes, the sponsor can include various types of income, such as a second job or overtime. The condition is to be able to prove this source of income.

Can the sponsor include their spouse’s income in I-864?

Yes, the sponsor can include their spouse’s income in Form I-864, provided they live in the same household.

Can the sponsor file I-864 if they live outside the U.S.?

Yes, the sponsor can file Form I-864 if they live abroad, as long as they plan to return to the U.S. or maintain a U.S. domicile (keep the U.S. as their primary residence).

Can the sponsor use a future job offer to meet the income requirements?

No, offers of future income cannot be used to meet I-864 requirements. Only the sponsor’s current income is considered.

Can a sponsor withdraw I-864?

Typically, withdrawing I-864 after it has been signed is not possible.

How does a joint sponsor prove their eligibility for I-864?

To prove their eligibility for filing I-864, a joint sponsor must submit evidence of current income and/or employment and proof of U.S citizenship/Green Card.