Form I-864 Affidavit of Support: Who Signs It, Which Documents Go With It, and What to Translate

What Form I-864 is and the 2026 edition

Form I-864, Affidavit of Support Under Section 213A of the INA, is signed by a sponsor for a person applying for an immigrant visa or for adjustment of status. The Form I-864 instructions, edition 08/24/26, call it a contract between the sponsor and the U.S. Government, required for most family-based and some employment-based immigrants.

The Form I-864 page on uscis.gov states that from October 1, 2026 USCIS accepts only the 08/24/26 edition. In Part 8 of the new edition the sponsor authorizes USCIS and the Department of State to obtain information from consumer reporting agencies, including credit reports and scores, to verify the sufficiency of the affidavit.

The public charge rule of 2026

The public charge final rule, 91 FR 45324, applies to adjustment applications filed on or after September 18, 2026. It does not amend the affidavit of support regulations in 8 CFR part 213a. DHS wrote in the rule that it did not and could not propose to eliminate the statutory Form I-864 requirement and that nothing in the rule changes the binding nature of Form I-864.

Who signs Form I-864

The instructions list the immigrants for whom the petitioner must complete Form I-864:

• Immediate relatives of U.S. citizens: spouses, unmarried children under 21, and parents of citizens aged 21 or older.
• All family-based preference immigrants.
• A K-1 fiancé(e) or K-2 child of a fiancé(e) of a U.S. citizen who adjusts status on that basis.
• An employment-based immigrant when a qualifying relative filed Form I-140 for them or owns five percent or more of the business that filed it.

A sponsor must be at least 18, domiciled in the United States, and a U.S. citizen, U.S. national, or lawful permanent resident. The petitioner signs even when a joint sponsor also files. Form I-864W is discontinued: the Form I-485 instructions, edition 09/18/26, say that the exemption is now claimed in Part 3 of Form I-485.

Joint sponsor, household member, and the short form

• Joint sponsor: a U.S. citizen, lawful permanent resident, or U.S. national who accepts joint liability. A joint sponsor does not have to be related to the petitioner or the immigrant, there may be no more than two, and each must meet the income requirement on their own.
• Household member on Form I-864A: the sponsor's spouse, a relative at the same address, a dependent on the sponsor's latest tax return, or the intending immigrant whose income will continue after immigration. Both the sponsor and the household member sign Form I-864A.
• Form I-864EZ: a short form for a petitioner whose relative is the only person on Form I-130 and whose income comes entirely from salary or pension shown on IRS Forms W-2. Joint and substitute sponsors do not use it.

The income threshold: 125 percent of the poverty guidelines

The instructions require income of at least 125 percent of the Federal Poverty Guidelines for the sponsor's household size. The figure used is Total Income on IRS Form 1040. USCIS publishes the guidelines on Form I-864P. Effective March 1, 2026, for the 48 contiguous states:

• Household of 2: $27,050.
• Household of 3: $34,150.
• Household of 4: $41,250.

A sponsor on active duty in the U.S. Armed Forces who sponsors a spouse or minor child needs 100 percent: $21,640, $27,320, and $33,000 for households of 2, 3, and 4. This does not apply to joint or substitute sponsors. The guidelines change every year.

Affidavit of support documents: what the instructions list

The Form I-864 instructions, edition 08/24/26, name this evidence.

1. 1A federal tax return for the most recent tax year: an IRS tax transcript or a photocopy from the sponsor's own records. Returns for the three most recent years are optional.
2. 2Forms W-2 and 1099 for that year, when the sponsor submits a photocopy of the return rather than a transcript. Self-employed sponsors add each Form 1040 schedule they filed.
3. 3Proof of U.S. status for joint and substitute sponsors and for relatives of employment-based immigrants, such as a birth certificate, naturalization certificate, U.S. passport page, or Permanent Resident Card.
4. 4Evidence of current income, such as an employer letter or pay stubs for the previous six months; the instructions call it optional unless requested.
5. 5Evidence of domicile when the sponsor lives abroad, such as a U.S. voting record, tax payments, property, or bank accounts.

Assets when income is not enough

The sponsor, a household member, or the intending immigrant may add assets. The instructions count only assets convertible into cash within one year. The required value is five times the shortfall between income and the guideline, or three times when a U.S. citizen sponsors a spouse or a child aged 18 or older. The intending immigrant's assets count wherever they are located; on whether Form I-864A is needed for them, the USCIS instructions and the State Department instructions (as of July 2026) differ.

What the sponsor agrees to

By signing, the sponsor promises to support the immigrant at 125 percent of the poverty guidelines. Under 8 U.S.C. 1183a the affidavit is enforceable by the immigrant, the government, or an agency that provided a means-tested public benefit. The obligation ends only when the sponsored person:

• becomes a U.S. citizen;
• has worked, or is credited with, 40 quarters of coverage under the Social Security Act;
• loses permanent resident status and departs the United States;
• obtains a new grant of adjustment of status in removal proceedings, based on a new affidavit of support if one is required;
• dies. The form states that divorce does not terminate the obligations under Form I-864.

A reimbursement action may be brought up to 10 years after the immigrant last received a covered benefit. A change of address is reported on Form I-865. The statute, 8 CFR 213a.3, and the form set 30 days for this notice; the instructions, edition 08/24/26, say 10 days for sponsors who are not U.S. citizens. Both texts are official. The civil penalty for not reporting is $250 to $2,000, or $2,000 to $5,000 if the sponsor knew the immigrant had received means-tested benefits.

Which documents may be in Russian or Ukrainian

Most affidavit of support documents are American. Several items named in the instructions can still come from Russia or Ukraine.

• A foreign tax return: only when the sponsor claims no U.S. federal return was required and relies on it to show income not taxed in the United States; otherwise foreign and state returns are not submitted.
• Evidence of the intending immigrant's assets abroad: ownership documents, valuations, and statements of liens for property or accounts outside the United States.
• Birth, marriage, and adoption certificates that prove the relationship of a household member on Form I-864A or of a substitute sponsor.
• Documents showing that a sponsor living abroad keeps a U.S. domicile.

The regulation at 8 CFR 103.2(b)(3) requires a full English translation of any document containing a foreign language, certified by the translator as complete and accurate, with the translator's certification of competence to translate. The Form I-864 instructions add that the certification must include the translator's signature, printed name, the signature date, and contact information. Every translation uses the Latin spelling of names from the foreign passport. For consular cases, the State Department instructions (as of July 2026) also require certified translations with the translator's signed statement.

Where Form I-864 is filed and what it costs

In adjustment cases the affidavit goes to USCIS with Form I-485, including as an upload when Form I-485 is filed online. In consular cases it is uploaded to CEAC for the National Visa Center. USCIS charges $0 for Forms I-864, I-864A, I-864EZ, and I-865 under the fee schedule G-1055, edition 10/07/26. The Department of State charges a $120 affidavit of support review fee under 22 CFR 22.1. Fees and rules change; the current versions are on uscis.gov.