I-864 RFE: what USCIS wants about the sponsor’s income

What is an I-864 RFE?

Form I-864 is the affidavit of support. It is a binding contract with the U.S. government to financially support the immigrant ². Most family-based immigrants need one ².

A request for evidence (RFE) is USCIS saying it can’t decide yet. For the I-864, the notice can point to one of two problems ¹⁶.

The form itself may be wrong or incomplete. Or the money proof may fall short of the income test.

Both count as missing evidence. USCIS can also deny without asking first, when required initial evidence is missing ⁹.

USCIS says it may ask for more information or evidence to support the affidavit. It may also ask for the originals of copies you sent, and it returns them when it is done ¹.

The stakes are real. A person who must file an I-864 and doesn’t submit a sufficient one is inadmissible on public-charge grounds ⁵. That is why the notice deserves a careful answer.

What does an I-864 RFE say, line by line?

USCIS doesn’t publish a sample I-864 RFE, and real notices vary. What follows are the requests the form instructions make, and what each usually means ¹.

The quoted lines are our paraphrases, not USCIS’s exact words. Match them against your own notice, one request at a time.

Answer each line with its own document, and say which line it answers. Keep the notice on top of the package ⁸.

How much income does the sponsor need?

Most sponsors must show income of at least 125% of the Federal Poverty Guidelines for their household size ¹⁴.

A sponsor on active duty, sponsoring a spouse or child, needs only 100%. That doesn’t apply to joint or substitute sponsors ¹.

The figures are on Form I-864P. They took effect March 1, 2026 ³. In the 48 states, D.C. and most territories, the 125% line is:

Each additional person adds $7,100 at 125% ³. Alaska and Hawaii have higher lines. For two people, 125% is $33,813 in Alaska and $31,113 in Hawaii ³.

The 100% figures match HHS’s 2026 guidelines ¹⁰. USCIS updates the table each year, so check I-864P for the newest one ¹³.

The income used is your current annual income. Means-tested public benefits can’t count ¹.

You may add proof of this year’s income, such as an employer letter showing your salary, or pay stubs from the last six months ¹. The form says you needn’t send it unless an official asks. If your notice asks for it, send it ¹.

Income can include earned or retirement income, and alimony, child support or dividends, with proof ¹.

Who counts in your household size?

You count yourself, any spouse, and any unmarried child under 21, even without custody ¹.

Add anyone you claimed as a dependent on your most recent federal tax return, and everyone you are sponsoring on this form ¹⁵.

Add people you sponsored earlier whom you must still support. Never count someone twice ¹.

This matters because every added person raises the line. The 125% line for four people is $41,250. For five, it is $48,350 ³.

Example. You, your spouse and two children under 21 are four people. Add one parent you are sponsoring and the household is five. The 125% line is $48,350 ¹³.

If your notice questions your count, write out each person and the rule that puts them in. Attach the proof the form asks for ¹.

You may also add relatives who live with you, such as a parent, sibling or adult child. But only if you need their income, and each must sign an I-864A ¹.

Which tax years and transcripts does USCIS want?

The form asks for an IRS transcript or a photocopy of your federal return for the most recent tax year, counting from the day you sign ¹.

You may add the three most recent years if that helps show your income ¹. A plain transcript or copy is enough ¹.

A photocopy needs every W-2 and 1099. A transcript doesn’t ¹. Don’t send state returns ¹.

You can ask the IRS for transcripts with Form 4506-T, or through the IRS’s “Get Transcript” page ¹.

If you had to file and didn’t, file the late returns and attach them. If you weren’t required to file, attach a typed explanation ¹.

Self-employed sponsors include every schedule filed with the return, such as Schedule C ¹. Leave nothing out.

If you filed jointly with your spouse and qualify on your own income alone, include the W-2s even with a transcript ¹.

When can a joint sponsor or household member help?

If your income alone falls short, the intending immigrant is ineligible unless the gap is closed another way. The form lists four ways ¹.

You can count household members’ income with their I-864A, the immigrant’s own continuing income, assets, or a joint sponsor ¹.

You are still the petitioning sponsor even with a joint sponsor. You file your own I-864 ¹.

A joint sponsor also sends proof of citizenship or residence status ². If there are two, each must be able to cover the people they sponsor ¹.

An intending immigrant’s own income can count if it continues from the same source after they get their green card. A spouse’s counts wherever they live ¹.

Can assets make up the difference?

Yes, but only if the assets could be turned into cash within a year without serious hardship or loss ¹.

You must show what each asset is, proof you own it, and how you value it ¹.

The total must be at least five times the gap between your household income and the poverty line ¹. If you are a U.S. citizen sponsoring a spouse or a child 18 or older, three times ¹⁴.

The form’s own example. The poverty line is $22,062 and the sponsor’s income is $18,062. The gap is $4,000. For a parent, assets must be at least 5 x $4,000, or $20,000 ¹.

The immigrant’s own assets can count wherever they live, and need no I-864A ¹. A relative’s assets count only if the relative lives with you and signs an I-864A ¹.

A home counts at its appraised value minus loans against it. That needs a recent licensed appraisal ¹. A car counts only if you have another car left out ¹.

How long do you have to respond?

The deadline is printed on the notice. By rule it is never more than 12 weeks (84 days) out, and it can be shorter ⁶⁸.

For the Forms I-539 and I-601A, the maximum is 30 days ⁸. Mail adds 3 days to the period. USCIS can’t grant more time ⁷⁸.

Send everything together, with the notice on top. A partial response is treated as a request for a decision on what’s in the file ⁶⁸.

If you don’t respond, USCIS may deny the case as abandoned, deny it on the record, or both ⁶⁸.

This guide won’t tell you whether the printed date already includes the mailing days. Plan around the printed date.

USCIS may also ask you to come in for an interview about your affidavit ¹. An RFE and an interview are separate requests, so read the notice for which one you have. For the full rules, see our main RFE guide.

When should you talk to a lawyer?

Consider it if your income is close to the line, your household count is unclear, you are using assets, or a joint sponsor is involved. A mistake on the I-864 can lead to a rejection or denial ¹.

The I-864 has a lot of small rules. Immigration is federal, so they apply in every state ⁴.

You don’t need a representative. If you want one, only three kinds can represent you: a lawyer in good standing, an accredited representative at an organization recognized by the Department of Justice, or a supervised law student or graduate ¹¹.

Before you call anyone, gather the notice, your I-864, your latest tax return and a list of who lives with you. It makes a short call go further.

USCIS’s Legal Services page links to the DOJ’s lists of free and low-cost lawyers and of accredited representatives ¹¹.

Be careful with a “notario.” In the U.S., that is a notary, not a lawyer, and can’t represent you ¹¹.

What can you do this week?

Talk it through with Scribe

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Common questions

Sources

1. Instructions for Affidavit of Support Under Section 213A of the INA, Form I-864 (edition 08/24/26) · U.S. Citizenship and Immigration Services
2. Form I-864, Affidavit of Support Under Section 213A of the INA · U.S. Citizenship and Immigration Services
3. Form I-864P, 2026 Poverty Guidelines (effective March 1, 2026) · U.S. Citizenship and Immigration Services
4. 8 CFR 213a.2, Use of Form I-864 · Cornell Law School Legal Information Institute
5. Policy Manual, Vol. 8, Part G, Ch. 6, Affidavit of Support Under Section 213A of the INA · U.S. Citizenship and Immigration Services
6. 8 CFR 103.2, Submission and adjudication of benefit requests · Electronic Code of Federal Regulations
7. 8 CFR 103.8, Service of decisions and other notices · Electronic Code of Federal Regulations
8. Policy Manual, Vol. 1, Part E, Ch. 6, Evidence · U.S. Citizenship and Immigration Services
9. Policy Alert PA-2026-05 · U.S. Citizenship and Immigration Services
10. Poverty Guidelines · U.S. Department of Health and Human Services (ASPE)
11. Legal Services · U.S. Citizenship and Immigration Services
12. Request for Evidence (RFE) glossary entry · U.S. Citizenship and Immigration Services