(UNITED STATES) With the 2025 filing season underway, family sponsors across the United States 🇺🇸 are facing tighter scrutiny of the I-864 Affidavit of Support, the financial contract required in most family-based immigration cases. The core rule remains the same: sponsors must show income at or above 125% of the Federal Poverty Guidelines for their household size, or 100% for certain active-duty military sponsors petitioning for a spouse or child.
Starting on August 1, 2025, immigration officers received broader authority to deny cases outright when the I-864 or its financial evidence is incomplete or inconsistent. According to analysis by VisaVerge.com, even small mistakes are now more likely to trigger a denial rather than a request for more documents.

At the center of every family case is the I-864, a legally binding contract under Section 213A of the Immigration and Nationality Act. When a U.S. citizen or lawful permanent resident files this Affidavit of Support, they promise to maintain the intending immigrant at the required income level and accept liability if the immigrant later receives means-tested public benefits. The obligation can last many years and ends only when the immigrant:
- Becomes a U.S. citizen
- Earns 40 qualifying quarters under Social Security (about 10 years)
- Permanently leaves the country
- Dies
That long horizon and the new enforcement posture make accuracy, clarity, and complete documentation more important than ever for sponsors, immigrants, and the lawyers who support them.
Policy changes overview
USCIS has shifted how it handles family-based filings that include the I-864. Key points:
- As of August 1, 2025, officers can deny cases without first sending a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).
- This change places a clear burden on sponsors to submit a complete, well-organized financial package the first time.
- The policy increases the risk that an adjustment of status case filed by someone without lawful status could lead not just to denial, but to removal proceedings.
The income test derives from the Federal Poverty Guidelines, updated annually by the U.S. Department of Health and Human Services and adopted by USCIS. Sponsors must meet or exceed 125% of the guideline for the household size reported on the I-864 (or 100% for qualifying active-duty military sponsors).
- Household size includes the sponsor, sponsor’s spouse and dependents, immigrating family member(s), and any other people the sponsor supports who will remain on their tax return.
- Always verify the current year’s guidelines on official government pages; using last year’s figures or the wrong household size can doom a case.
Example numbers (illustrative):
– Household of 2: guideline $19,720 → 125% = $24,650
– Household of 3: guideline $24,860 → 125% = $31,075
– Household of 4: guideline $30,000 → 125% = $37,500
If the main sponsor’s income falls short, families may:
– Use assets to close the gap (with strict valuation and liquidity rules), or
– Add a joint sponsor who independently meets the income requirement.
Joint sponsors must be U.S. citizens or permanent residents, at least 18 years old, and domiciled in the United States. A joint sponsor assumes the same enforceable obligations as the main sponsor.
Who is covered and who is exempt
The I-864 generally covers most family-based immigrants:
– Immediate relatives of U.S. citizens (spouses, parents, unmarried children under 21, including orphans and Hague adoptees)
– Family preference categories (adult unmarried children, married children, siblings of U.S. citizens, spouses/children of permanent residents)
– Some employment-based immigrants if a relative owns ≥5% of the petitioning company
Exemptions (no I-864 required):
– Refugees
– Asylees
– VAWA self-petitioners
– Individuals with 40 qualifying quarters under Social Security
Filing an I-864 when exempt can be unnecessary and harmful; instead, include proof of exemption in the record.
Practical filing and documentation requirements
USCIS expects the correct edition of the form and a clear trail of financial evidence. Important deadlines and practical items:
- Use the latest edition of I-864 as of 2025. Obsolete editions are rejected after April 3, 2025.
- Include federal tax returns, W-2s, and recent pay stubs. IRS tax transcripts are preferred because they match government records.
- For self-employed sponsors: provide full returns with schedules, bank statements showing regular business deposits, and a current profit-and-loss statement.
- For new jobs: include a detailed employer letter that states start date, full-time status, position, and annual pay.
- If using assets: show ownership, current valuation, and convertibility to cash within one year. Discount values may be required for sale costs.
Common pitfalls that now carry increased risk of denial:
– Miscounting household size (e.g., forgetting a dependent)
– Relying on a job offer not reflected in pay stubs and without an employer letter
– Submitting state returns or summaries instead of federal tax transcripts or returns
– Using assets without proper valuation or proof of liquidity
– Forgetting to sign and date every required page, including joint sponsors’ forms
Practical steps before submitting:
1. Use the correct 2025 edition of the form; obsolete versions are rejected after April 3, 2025.
2. Double-check household size and match it to the current Federal Poverty Guidelines.
3. Include the latest federal tax return and, when helpful, the prior two years.
4. Add IRS tax transcripts to strengthen credibility.
5. Provide current pay stubs and a detailed employer letter for new jobs.
6. If using assets, include proof of ownership, valuation, and liquidity within a year.
7. If adding a joint sponsor, submit a complete, signed, independent I-864 with their financial evidence.
8. Keep copies of everything—the I-864 is a contract that can be enforced later.
Interview, domicile, and timing considerations
- The National Visa Center (NVC) handles Affidavits of Support for consular immigrant visa cases, while USCIS reviews them for adjustment of status inside the U.S. Both apply the same guidelines and expect consistent documentation.
- Be ready for interview questions about current income and any changes since filing. Officers look for a present-day picture.
- Sponsors must be domiciled in the United States. For citizens or residents living abroad, show steps to re-establish domicile (job offer, lease, closing on a home, utilities).
- Denials due to weak I-864s mean refiling costs, fresh waiting, and, for those without status, potential removal proceedings. For consular cases, a return from NVC adds months.
Mixed income, assets, and employer documentation
- Multiple income streams can be combined if well-documented and ongoing (wages, self-employment net income, certain benefits, pensions).
- Employers can strengthen a file with a short, clear letter confirming job details and salary; payroll records should back the letter.
- Self-employed sponsors should provide bank statements, profit-and-loss statements, and full federal returns.
- Assets must have a clear path to conversion; cash in U.S. accounts is simplest.
Legal obligations and long-term consequences
- The I-864 is enforceable. If the beneficiary receives means-tested benefits, the agency may seek reimbursement from the sponsor.
- The beneficiary can also enforce the contract in court to seek support.
- End points for the obligation: U.S. citizenship, 40 qualifying quarters, permanent departure, or death.
- Divorce does not end the I-864 duty.
- Joint sponsors share the same long-term obligations.
Important: The I-864 is a legal contract with real weight. Sponsors must be sure they can carry the commitment before signing.
What sponsors should do now
- Plan early and gather documents well before filing.
- Use the correct form edition and follow instructions precisely.
- Make the file as complete, consistent, and well-organized as possible.
- If income is borderline, consider assets or a joint sponsor who qualifies independently.
- Be ready to explain and document any outliers or recent changes at interview.
The 2025 enforcement environment emphasizes front-end completeness: submit a clean, correct I-864 the first time. Use the latest form, meet the 125% threshold (or 100% for qualifying active-duty sponsors), and back every claim with strong evidence. Keep copies, stay organized, and prepare for interview questions on current earnings.
For the form, instructions, and official guidance, see the USCIS I-864 page at https://www.uscis.gov/i-864.
Frequently Asked Questions
This Article in a Nutshell
USCIS has strengthened enforcement of the I-864 Affidavit of Support for the 2025 filing season. Effective August 1, 2025, immigration officers have broader authority to deny cases if the I-864 or supporting financial evidence is incomplete, inconsistent, or missing, without issuing an RFE or NOID. Sponsors must demonstrate income at or above 125% of the Federal Poverty Guidelines for their reported household size, with a 100% threshold for certain active-duty military sponsors. Important steps include using the latest 2025 I-864 edition, submitting federal tax returns or IRS transcripts, providing recent pay stubs, employer letters for new jobs, and clear documentation for any assets or joint sponsors. Mistakes like miscounting household size, unsigned forms, or inadequate proof of liquidity now carry higher denial risk and potential consequences, including removal proceedings for those without status. The I-864 remains an enforceable contract until the immigrant becomes a U.S. citizen, earns 40 qualifying Social Security quarters, permanently departs, or dies.