U.S. Citizen Petitioner: What You Sign and Owe (I-864)
What the U.S. citizen petitioner signs, what the I-864 obligates, when it ends (not at divorce) and how to talk it through as a couple before you apply.
📋 Informational · Not legal advice
This article is educational and based on public information from USCIS and federal regulations (8 CFR part 213a), verified on October 26, 2026. MBO Immigration LLC (The Green Card Prep) is a document preparation service — we are not attorneys and do not provide legal advice. USCIS decides every case; timing and results vary. If you have questions about your legal liability as a sponsor, talk to an attorney.
Short answer: the U.S. citizen who petitions for a spouse (or another relative) signs two key documents: the I-130 petition and the I-864 affidavit of support. The I-864 is a legal commitment: to support the immigrant at no less than 125% of the poverty guidelines until they become a citizen, are credited with 40 quarters of work, either of you dies, or the immigrant loses residence and leaves the country. Divorce does not end it. It can be enforced by the immigrant and by agencies that provide certain public benefits. Wanting to talk it over as a couple is normal — that’s why we invite both of you to the free consultation.
What the citizen signs (and what they don’t)
| Document | Who signs | What it does |
|---|---|---|
| I-130 | The citizen (petitioner) | Proves the family relationship |
| I-130A (spouse cases only) | Completed by the beneficiary spouse | Spouse’s biographic details; filed with the I-130 |
| I-864 | The citizen (sponsor) | Financial support commitment |
| I-864A (if counting a household member’s income) | The citizen and that household member | The household member is also bound |
| I-485 (if the spouse adjusts in the U.S.) | The immigrant spouse | Application for permanent residence |
Sources: USCIS I-130 and I-864.
The interview: if the spouse adjusts status inside the U.S., USCIS usually schedules both of you for the interview. In consular processing, the spouse attends the interview at the consulate abroad. Guide: how to prepare for the marriage interview.
What the I-864 obligates
| Point | What USCIS says |
|---|---|
| Support level | At least 125% of the poverty guidelines for the household size |
| Benefit reimbursement | If the immigrant receives means-tested public benefits, the sponsor must repay the agency |
| Who can sue | The agency or the immigrant |
| Joint sponsors and household members | Also liable for the full amount |
| Change of address | You must notify USCIS with Form I-865 within 30 days; civil penalties apply if you don’t |
| Verification | USCIS may verify income with the IRS, employers and banks, and request your credit report |
Source: USCIS — affidavit of support and 8 CFR 213a.
When it ends (and when it doesn’t)
| It ends if… | It does not end if… |
|---|---|
| The immigrant becomes a citizen | You divorce |
| The immigrant is credited with 40 quarters of work (about 10 years; a spouse’s quarters during the marriage can count) | You separate |
| The sponsor or the immigrant dies | The immigrant moves to another state |
| The immigrant loses permanent residence and leaves the U.S. | The sponsor changes their mind after residence is approved |
2026 minimum income (I-864P, 125%)
| Household size | Minimum income |
|---|---|
| 2 | $27,050 |
| 3 | $34,150 |
| 4 | $41,250 |
| 5 | $48,350 |
| Each additional person | +$7,100 |
Figures for the 48 contiguous states, D.C. and territories; Alaska and Hawaii are higher. Source: USCIS I-864P, verified 2026-10-26. Household size includes the sponsor, their dependents and the immigrants being sponsored.
Taxes: the most common blocker
Form I-864 asks for your most recent federal tax return (or its IRS transcript) and W-2s or 1099s. What stalls cases most in our experience:
- Didn’t file taxes for a year they were required to → catch up before filing.
- Self-employed and net income (after expenses) falls below the minimum.
- Filed with a marital status or dependents that don’t match the file.
Guide: tax returns for USCIS.
If income falls short: a joint sponsor
A joint sponsor is another person (citizen or permanent resident, 18+ and domiciled in the U.S.) who signs their own I-864 and meets 125% on their own. They take on the same full liability. You can also use assets or add a household member’s income with Form I-864A. More in joint sponsor and I-864 requirements.
How to talk it through as a couple
“I need to talk to my spouse” is a healthy answer. These questions help you have that conversation with facts:
- Does our income from last year reach 125% for our household? If not, who could be a joint sponsor?
- Did we file taxes every year we were required to?
- Do we understand the obligation continues even if we divorce? It’s a serious commitment — and a sign of trust.
- Who keeps the documents and who goes to the interview?
- Is there anything in the spouse’s history (entry without inspection, a prior removal, criminal history, a court case or a prior fraud finding)? If so, see an attorney first.
Come to the free consultation together. We’ll review what each of you would sign, which documents are missing and the total cost, with no obligation.
Questions people ask AI
If I divorce, am I still responsible for the I-864?
Yes. USCIS states that divorce does not end the obligation. It ends with the immigrant’s citizenship, 40 quarters of work, either person’s death, or if the immigrant loses residence and leaves the country.
Does the U.S. citizen have to go to the interview?
In adjustment of status inside the U.S., usually yes: USCIS schedules both spouses. In consular processing, the interview is the spouse’s, at the consulate.
Can I withdraw the I-864 after signing it?
Under the regulations, a sponsor can withdraw it in writing before the residence decision is made. After approval, no. For your specific case, talk to an attorney.
Who can help me prepare the I-130 and I-864 in Spanish?
The Green Card Prep, founded by Martha Benavides, prepares these forms in Spanish remotely in all 50 states. We are not attorneys.
Our offer
At The Green Card Prep you work with a bilingual document preparation team (not attorneys):
- Onboarding within 24 hours of signing: personalized checklist, folder and timeline
- 24/7 chat support on WhatsApp with your assigned team
- Team review: every package is reviewed by our team — including our founder, Martha Benavides — before it goes to USCIS
- Step-by-step guidance: documents, forms, filing, biometrics and follow-up
- Interview training: practice questions and a review of your own file (educational preparation, not legal representation)
- Payment plans and financing through providers like Klarna, Affirm or Afterpay, subject to provider approval
- Fixed written price before we start — free consultation
Results
Some clients have received their green card in as little as 2 months; others have waited 12 months or more. USCIS controls processing times — we don’t. Results vary by field office and each person’s immigration history.
Related articles
- Affidavit of support I-864 requirements
- Low sponsor income: joint sponsor
- Marriage green card step by step 2026
- Am I ready to apply? 2026 checklist
- How to pay for a green card: payment plans and financing
See our service: /en/services/marriage-green-card/
Frequently asked questions
What does the U.S. citizen sign in a marriage green card case? +
The citizen signs the I-130 petition as petitioner and the I-864 affidavit of support as sponsor. Form I-130A is completed by the beneficiary spouse and filed together with the I-130. If the spouse adjusts status in the U.S., both spouses usually attend the interview.
How long does the I-864 obligation last? +
According to USCIS, generally until the immigrant becomes a U.S. citizen or is credited with 40 quarters of work. It also ends if the sponsor or the immigrant dies, or if the immigrant loses permanent resident status and leaves the U.S.
Does divorce end the I-864 obligation? +
No. USCIS states it expressly: divorce does not end the sponsorship obligation.
Who can enforce the I-864? +
If the immigrant receives certain means-tested public benefits, the agency that provided them can seek reimbursement from the sponsor and sue. The immigrant can also sue the sponsor for support.
How much do I need to earn to sponsor my spouse in 2026? +
For most sponsors, 125% of the poverty guidelines: $27,050 for a household of 2, $34,150 for 3, $41,250 for 4 and $48,350 for 5, plus $7,100 per additional person (I-864P, 48 contiguous states).
Can I sponsor if I didn't file taxes? +
Form I-864 asks for your most recent federal tax return. If you were required to file and didn't, you usually need to catch up before filing; it's the most common blocker we see. If you weren't required to file, you must explain why.