The Affidavit of Support (I-864): A Husband’s Guide
The Affidavit of Support (I-864): Your Financial Responsibilities Explained
The Affidavit of Support is one of the most serious documents you’ll sign in the immigration process. This guide breaks down what it means, what the requirements are, and how long your legal obligation lasts, all in simple terms.
As you and your future wife navigate the U.S. immigration process, you will encounter Form I-864, the Affidavit of Support. Of all the paperwork you will file, this is one of the most significant. It is a legally enforceable contract between you (the sponsor) and the U.S. government, and it’s essential to understand exactly what you are promising.
While it may seem intimidating, the purpose of the I-864 is straightforward: to demonstrate that your wife will have adequate financial support when she comes to the U.S. and will not become a “public charge” reliant on government welfare. This guide will demystify the form, explain the income requirements, and clarify the extent of your responsibilities.
What Exactly IS the Affidavit of Support?
At its core, Form I-864 is your sworn statement that you accept full financial responsibility for your immigrating spouse. By signing it, you are promising the U.S. government that you will maintain her at an income level of at least 125% of the Federal Poverty Guideline. This promise is legally enforceable. If she were to receive certain means-tested public benefits, the government agency that provided them could sue you to repay the cost.
The Main Income Requirement (The 125% Rule)
To be a sponsor, your current annual household income must be at least 125% of the Federal Poverty Guideline for your household size. Your “household size” includes you, your wife, any unmarried children under 21, and anyone else you claim as a dependent on your tax return. For most couples starting out, the household size is two.
| Household Size | 100% of Poverty Guideline (Illustrative 2025) | 125% Required Minimum Income |
|---|---|---|
| 2 | $20,440 | $25,550 |
| 3 | $25,820 | $32,275 |
| 4 | $31,200 | $39,000 |
| 5 | $36,580 | $45,725 |
You will prove this income with your most recent federal income tax return, recent pay stubs, and a letter from your employer. The poverty guidelines are updated by the government each year, so always check the official USCIS I-864P page for the current figures when you file.
What If You Don’t Meet the Income Requirement?
If your current income doesn’t meet the 125% threshold, don’t panic. USCIS provides several other options to qualify. This is a common situation, and there are clear pathways forward.
Option 1: Use Assets
You can use the value of your assets to supplement your income. This can include savings, stocks, bonds, and real estate. The general rule is that the cash value of your assets must be at least three times the shortfall between your income and the 125% requirement when sponsoring a spouse.
Option 2: Find a Joint Sponsor
This is the most common solution. A joint sponsor is another U.S. citizen or permanent resident (like a parent, sibling, or close friend) who signs a separate I-864 and accepts the same legal responsibility. They must meet the 125% income requirement on their own, based on their household size.
The Big Question: How Long Does the Obligation Last?
This is a major source of anxiety for many sponsors, so it’s important to understand the full commitment. This is a significant, long-term contract that only ends when one of the following five events occurs:
- Your wife becomes a U.S. citizen (typically 3-5 years after getting her Green Card).
- Your wife has legally worked for 40 qualifying quarters (approximately 10 years) in the United States, as credited by the Social Security Administration.
- Your wife permanently leaves the United States, surrendering her residency.
- Your wife passes away.
- You (the sponsor) pass away.
Important Warning: Divorce Does NOT End the Obligation
It is critical to understand that divorce does not terminate the Affidavit of Support. Even if you separate, your legal responsibility to financially support your ex-wife continues until one of the five conditions listed above is met. This is the most misunderstood aspect of the I-864 contract, and a key factor when considering the pros and cons of marrying a Filipina.
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Frequently Asked Questions (FAQ)
What are “means-tested public benefits”?
These are public benefits that require an income test for eligibility. They typically include programs like Food Stamps (SNAP), Medicaid, Supplemental Security Income (SSI), and Temporary Assistance for Needy Families (TANF). Benefits not considered means-tested, like emergency Medicaid or unemployment compensation, generally do not have to be repaid.
What happens if I lose my job after I sign the I-864?
The I-864 is based on your income at the time of filing. However, the obligation to support your wife continues even if your financial situation changes. You are still responsible for ensuring she does not rely on means-tested public benefits.
Can my wife’s income be used to meet the requirement?
Yes, under certain conditions. If your wife’s income will continue from the same source after she immigrates to the U.S., it can be included. This is more common in cases where she works for a U.S. company abroad or has other provable, ongoing income.
Does a joint sponsor have to be a family member?
No. A joint sponsor can be any U.S. citizen or lawful permanent resident who is at least 18 years old, resides in the U.S., and meets the income requirements. It is often a family member or close friend, but it is not required.
Does signing the I-864 affect my credit score?
No. Signing the Affidavit of Support is not a credit agreement and is not reported to credit bureaus. However, if you fail to repay a government agency for benefits your wife received, they could obtain a court judgment against you, which would then impact your credit.
Do I need to file a new I-864 every year?
No. The I-864 is filed once during the immigration process. However, if your wife receives certain public benefits, you may be asked to provide updated financial information to the benefit-granting agency.
What if my tax return shows income below the requirement, but I’m earning more now?
The I-864 is evaluated based on your current income. If your income has increased since you filed your last tax return, you can provide recent pay stubs and a letter from your employer to prove your current, higher salary meets the 125% requirement.
Is the joint sponsor’s obligation the same as mine?
Yes. A joint sponsor accepts the exact same legal and financial responsibility as the primary sponsor. The government can seek repayment from either the primary sponsor, the joint sponsor, or both.
Does this apply to a K-1 Fiancée Visa?
The I-864 is not required for the initial K-1 Fiancée Visa petition. However, it is required after you are married and your wife files for Adjustment of Status to become a Lawful Permanent Resident (Green Card holder) inside the U.S.
Should I consult an attorney?
This article provides a general overview, not legal advice. If you have a complex financial situation, are using a joint sponsor, or have any doubts, it is always a wise decision to consult with a qualified immigration attorney.
A Manageable Part of Your Journey Together
The Affidavit of Support is a serious commitment, but it’s a standard and necessary part of building your new life together in the United States. By understanding your responsibilities upfront, you can approach this step with confidence and focus on what truly matters: starting a happy future with your wife.
Ready for the Next Step?
Once the visa is approved, the next major milestone is Adjusting Status.
