USCIS Releases New Edition of Form I-864, Affidavit of Support: What Sponsors and Immigrants Need to Know

Summary

U.S. Citizenship and Immigration Services (USCIS) has released new editions of Form I-864, Affidavit of Support Under Section 213A of the INA, Form I-864A, Contract Between Sponsor and Household Member, and Form I-864EZ, Affidavit of Support Under Section 213A of the INA. The new editions, dated August 24, 2026, add a privacy release authorizing USCIS and the U.S. Department of State to obtain information from consumer reporting agencies when evaluating a sponsor’s financial eligibility. After initially implementing the new editions without advance notice or a grace period, USCIS announced that it will accept both October 17, 2024, and August 24, 2026, editions through September 30, 2026. Beginning October 1, 2026, USCIS will accept only the August 24, 2026, editions.

Key Updates

1. New Form I-864 editions were released. On August 31, 2026, USCIS announced new editions of Form I-864, Form I-864A, and Form I-864EZ, each bearing on August 24, 2026, edition date.
2. USCIS provided a limited grace period after initially announcing immediate implementation. USCIS first stated that there would be no grace period. After litigation filed by the American Immigration Lawyers Association and others, USCIS announced that it would accept the October 17, 2024, edition through September 30, 2026. Beginning October 1, 2026, USCIS will accept only the August 24, 2026, edition.
3. The updated forms include a new consumer-reporting authorization. The new edition adds a privacy release authorizing USCIS and the U.S. Department of State to request information from one or more consumer reporting agencies to assess the sufficiency of the Affidavit of Support.
4. Credit or security freezes may delay review. USCIS warns that if a sponsor has placed a credit or security freeze on a consumer report, the agency may be unable to access information needed to evaluate Form I-864. Sponsors should respond promptly to any request to release a freeze.
5. Sponsors authorize disclosure of certain information to the sponsored immigrant. The updated authorization appears to permit disclosure of consumer-report information obtained by USCIS or DOS to the sponsored immigrant when required to allow a response to derogatory information under 8 C.F.R. § 103.2(b)(16).
6. Form I-864 remains a legally enforceable obligation. Sponsors should understand that the Affidavit of Support is a binding contract with the federal government and may create reimbursement obligations if the sponsored immigrant receives certain means-tested public benefits.

What Is the Affidavit of Support?

An Affidavit of Support, primarily Form I-864, is a legally binding contract between a financial sponsor and the U.S. government. By signing the form, the sponsor agrees to financially support the intending immigrant and demonstrate that the immigrant has adequate financial support and is not likely to rely on the U.S. government for financial support. The affidavit is commonly required in family-based immigrant cases and may also be required in certain employment-based cases involving qualifying family relationships. It is typically submitted during consular processing abroad or adjustment of status within the United States.

Purpose and Sponsor Obligations

• Public charge-related financial support: Form I-864 helps demonstrate that the intending immigrant has sufficient financial support and is not likely to become dependent on government assistance.
• Income threshold: In most cases, the sponsor must show income of at least 125% of the Federal Poverty Guidelines for the sponsor’s household size.
• Duration of responsibility: The sponsor’s obligation generally continues until the immigrant becomes a U.S. citizen, earns 40 qualifying quarters of work, permanently leaves the United States, or dies. Divorce does not terminate the sponsor’s obligation.
• Potential reimbursement exposure: If the sponsored immigrant receives certain means-tested public benefits, the benefit-granting agency may seek reimbursement from the sponsor and may pursue litigation if repayment is not made.

Who Is Affected?

• U.S. citizens and lawful permanent residents sponsoring a family member for permanent residence.
• Joint sponsors who are helping meet the financial sponsorship requirements.
• Household members whose income or assets are being used to support a Form I-864 filing.
• Foreign nationals applying for adjustment of status or an immigrant visa that requires a Form I-864.
• Certain employment-based immigrant applicants and petitioners where a qualifying family relationship triggers the affidavit of support requirement.

Current Form Editions

USCIS currently accepts both October 17, 2024, and August 24, 2026, editions of Form I-864 during the temporary grace period. Beginning October 1, 2026, USCIS will accept only the August 24, 2026, edition. USCIS has also stated that if Form I-485 is filed with a prior edition of Form I-864 after the grace period, USCIS will not reject Form I-485 solely on that basis but will instead process the issue under 8 C.F.R. § 103.2(b)(8) for failure to submit required initial evidence.

Should you wish to receive further information concerning Immigration matters, please contact Gunster’s Immigration Law practice.

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