I-864 Form Instructions - Step by Step (2026 Guide)

If you are applying for a marriage-based green card, you have likely heard horror stories about “The Affidavit of Support.” It is officially known as Form I-864, and for many couples, it is the most confusing part of the entire immigration process.

You might be asking: How much money do I actually need to make? Who counts as a household member? What if I filed my taxes late?

Don’t worry. While the form looks intimidating, it is manageable if you take it one step at a time. This article provides comprehensive I-864 form instructions, updated for 2026, to help you understand your financial obligations and get your application approved without delays.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Greenbroad is a document preparation service, not a law firm. If your financial situation is complex (e.g., you are self-employed with significant losses or have previous tax issues), we recommend consulting with an experienced immigration attorney.

Key Takeaways

• Purpose: Form I-864 proves the U.S. sponsor can financially support the immigrant spouse so they won’t rely on government welfare.
• Income Requirement: Generally, the sponsor must earn at least 125% of the Federal Poverty Guidelines for their household size.
• Required Docs: You must provide federal tax returns (or transcripts) for the most recent tax year.
• Joint Sponsors: If you don’t earn enough, you can use a joint sponsor to meet the requirement.
• Signatures: Digital signatures are generally not accepted on the paper filing; you must sign with black ink.

What Is Form I-864 and Why Do I Need It?

Form I-864 (Affidavit of Support under Section 213A of the INA) is essentially a contract between the U.S. sponsor (the petitioner) and the U.S. government.

By signing this I-864 form, the sponsor agrees to use their financial resources to support the intending immigrant. This contract lasts until the immigrant becomes a U.S. citizen, earns 40 work quarters (about 10 years of work), or leaves the U.S. permanently.

Who must file it? Almost all family-based immigrants (including spouses) must have an I-864 filed on their behalf. Even if the immigrant spouse is wealthy or has a job, the U.S. citizen or green card holder spouse must still file this form as the primary sponsor.

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I-864 Form Instructions: Requirements for 2026

Before you pick up a pen or open a PDF, you need to know if you qualify. The USCIS is very strict about the financial threshold.

1. The 125% Rule

To be a sponsor, you must demonstrate that your household income is at least 125% of the Federal Poverty Guidelines for your household size.

Note: If you are on active duty in the U.S. Armed Forces and petitioning for your spouse, the requirement drops to 100%.

As of early 2026, the poverty guidelines usually update in the spring. However, you must use the guidelines currently in effect at the time of filing.

• Household of 2 (Sponsor + Spouse): approx. $26,100 (This is an estimate; always check current tables).
• Household of 3 (Sponsor + Spouse + 1 Child): approx. $32,900.
• Household of 4: approx. $39,700.

You can verify the exact current numbers on the official USCIS I-864P page.

2. Domicile Requirement

The sponsor must live in the United States. If you are a U.S. citizen living abroad with your spouse, you must prove that you intend to re-establish your “domicile” (residence) in the U.S. no later than the date your spouse arrives.

How to Fill I-864: A Step-by-Step Guide

Below is a breakdown of the major sections of the I-864 guide. Please have your most recent tax return and W-2s ready before you start.

Part 1: Basis for Filing

This section tells USCIS who you are in relation to the immigrant.

• Option 1.a: Most people reading this will check “I am the petitioner.” This means you are the person who filed Form I-130 for your spouse.
• Joint Sponsors: If you are filling this out as a joint sponsor because the main petitioner doesn’t earn enough, you would select option 1.d (only joint sponsor) or 1.e (one of two joint sponsors).

Part 2: Information About the Principal Immigrant

This is straightforward. Enter the name, address, and information of the person seeking the green card (your spouse).

• Mailing Address: Be careful here. Ensure this matches the address used on other forms (like the I-130 and I-485) to avoid confusion.

Part 3: Information About the Immigrant(s) You Are Sponsoring

For a marriage green card, you are usually sponsoring just one person: your spouse. You would check “Yes” to question 1.

• Warning: Do not list family members here who are not applying for a green card right now.

Part 4: Information About You (Sponsor)

Fill in your personal details.

• Country of Domicile: You must list “United States” here. If you list a foreign country, your application will likely be rejected unless you include proof that you are moving back to the U.S.
• SSN: You must provide your U.S. Social Security Number.

Part 5: Sponsor’s Household Size (Crucial Section)

This is where many people make mistakes on their I-864 form instructions. You need to calculate how many people depend on your income.

Your household size includes:

1. You (the sponsor).
2. The person you are sponsoring (your spouse).
3. Your dependent children (under 21, unmarried).
4. Any other dependents listed on your tax return.
5. Anyone else you have sponsored in the past using Form I-864 (if the obligation hasn’t ended).

Real World Example: John is a U.S. citizen sponsoring his wife, Maria. John has a son from a previous marriage who lives with his ex-wife, but John claims the son as a dependent on his taxes.

• John = 1
• Maria = 1
• Son = 1
• Total Household Size = 3

John needs to make enough money to support a household of 3, not 2.

Part 6: Sponsor’s Employment and Income

This is the heart of the form.

1. Employment: List your current employer and occupation.
   • Tip: If you are self-employed, write “Self-Employed” and your occupation (e.g., “Freelance Graphic Designer”).
2. Current Individual Annual Income: This is what you expect to earn this year (2026). If you are salaried, this is easy (your gross salary). If you work hourly, estimate: Hourly Rate × Hours per Week × 52 Weeks.

Part 6 (Continued): Federal Income Tax Information

You must report the “Total Income” from your federal tax returns for the last three years.

• Required: You must include the tax return for the most recent tax year.
• Optional: You can include the two years before that, but it is not required unless it helps your case (e.g., to show stability).
• The Number to Use: Look at your IRS Form 1040.
  • For 2024/2025 returns, look for “Total Income” (usually Line 9).
  • Do not use “Adjusted Gross Income” or “Taxable Income.”

Part 7: Use of Assets to Supplement Income

If your income in Part 6 is below the poverty guideline, you can use assets to make up the difference.

• Assets can include savings accounts, stocks, bonds, or property (minus the mortgage).
• The 3x Rule: For marriage-based cases, your assets must equal three times the difference between your income and the poverty guideline.
  • Example: If you are short by $5,000, you need $15,000 in assets.

Part 8: Sponsor’s Contract

Read this carefully. It details your legal obligations.

• Signature: You must sign this by hand in black ink. USCIS typically rejects stamped or typed signatures on the mailed form.

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Supporting Documents Checklist

The I-864 form is just paper; the evidence proves it is true. A strong application package includes:

1. Proof of Citizenship/Status: Copy of your U.S. birth certificate, passport, or Green Card.
2. Tax Information:
   • Best Option: IRS Tax Return Transcripts (downloadable for free from the IRS website). These are preferred by USCIS because they can’t be altered.
   • Alternative: Complete copy of Form 1040 plus all W-2s and 1099s.
3. Proof of Current Income:
   • Pay stubs from the last 6 months.
   • Employment verification letter from your company (stating start date, title, and salary).
4. Asset Documentation (if applicable): Bank statements for the last 12 months, property deeds, etc.

Common Mistakes on the I-864 Form

We see these errors frequently at Greenbroad. Avoid them to save time.

• Leaving fields blank: If a question doesn’t apply to you, type “N/A” or “None” rather than leaving it empty. USCIS sometimes rejects forms with too many blanks.
• Counting household size incorrectly: Forgetting to count dependents listed on taxes who don’t live with you.
• Using the wrong tax year: Always use the most recent tax deadline year. If you are filing in February 2026 and haven’t filed 2025 taxes yet, use 2024 (but you should try to file 2025 ASAP if your income increased).
• Missing W-2s: If you submit a copy of your 1040, you must attach the W-2s. If you submit the IRS Transcript, W-2s are not required (but still good to have).

What If I Don’t Make Enough Money?

This is the most common fear regarding how to fill I-864. If your income is below the 125% line, you have two main options:

1. Use a Joint Sponsor: This is a U.S. citizen or green card holder who lives in the U.S. and makes enough money to support the immigrant. They will file their own separate Form I-864. This is the most common solution.
2. Use the Immigrant’s Income: If the immigrant spouse is already living in the U.S. and working legally (with a valid work visa), their income can sometimes be added to the household total.

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Frequently Asked Questions (FAQ)

How much does it cost to file Form I-864?

There is no direct filing fee for Form I-864 when submitted to USCIS inside the United States (Adjustment of Status). However, if you are processing through the National Visa Center (consular processing), there is a processing fee.

Can I use a co-sponsor if I don’t make enough money?

Yes. A joint sponsor (often called a co-sponsor) can file a separate I-864 to support the intending immigrant. The joint sponsor must meet the 125% income requirement on their own for their household size.

What if I am currently unemployed but have a co-sponsor?

Even if you are unemployed and have $0 income, as the petitioner, you MUST still file an I-864. You will report your income as $0, and the joint sponsor will file their own I-864 to cover the financial requirement.

Do I include my spouse’s income on Form I-864?

You can include your spouse’s income if they are living with you and their income will continue from the same source after they get their Green Card. They may need to provide proof that the income is lawful.

Does the I-864 expire?

The signed I-864 form must be submitted to USCIS usually within 12 months of the sponsor signing it. However, the financial obligations you agree to (the contract) do not expire until the immigrant becomes a citizen, works for 10 years, leaves the U.S., or passes away. Divorce does not end the I-864 obligation.

Conclusion

The I-864 is more than just a form; it is the financial backbone of your green card application. A simple mistake—like using the wrong line from your tax return or miscalculating your household size—can lead to a “Request for Evidence” (RFE), delaying your spouse’s green card by months.

While these I-864 form instructions give you the knowledge you need, applying it to your specific life situation can still be stressful. You don’t have to do it alone.

Get Your Application Right the First Time with Greenbroad

At Greenbroad, we specialize in helping couples navigate the marriage green card process without the high cost of a law firm. For a flat fee of $749, we provide:

• Complete preparation of your I-864 and all other required forms.
• A customized checklist of supporting documents (so you don’t miss those tax transcripts!).
• A thorough review to ensure you meet the 2026 financial requirements.
• Peace of mind knowing your paperwork is accurate.

Start Your Green Card Journey with Greenbroad Today