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Affidavit of Support Requirements: What Form I-864 Actually Demands From Sponsors in 2026
Shafi Afridi - California Registered Immigration Consultant, Costa Mesa. I prepare I-864 affidavit of support forms and organize supporting financial documents, as per client instructions. This guide covers publicly available USCIS requirements combined with patterns I observe in real cases.
I am Shafi Afridi, a California registered immigration consultant in Costa Mesa. The phone calls that stick with me are the ones where a sponsor's voice breaks when they realize they signed a 10-year financial obligation they did not fully understand, or the husband who was $200 short of the income threshold and found out three months into the process when USCIS returned the entire packet. The I-864 affidavit of support is the form that trips up more family-based green card cases than almost anything else I see. Sponsors fill it out thinking it is just another government form, but it is actually a legally binding contract with the federal government. When income numbers are wrong, household size is miscounted, or tax documents are incomplete, the case stalls with a Request for Evidence that pushes everything back by months.
In 2025 and 2026, immigration attorneys across the country have reported a surge in automated I-864 RFEs from USCIS, many of them triggered by scanning errors and automated deficiency flags rather than actual problems with the filing. That means getting the paperwork right the first time matters more than ever. This page explains every requirement for the I-864 using publicly available USCIS information and the 2026 federal poverty guidelines, so sponsors know exactly what they need before they file.
September 2026 Update: New I-864 Edition with Credit Check Authorization
USCIS released a new I-864 edition dated 08/24/26, mandatory for all filings on or after October 1, 2026. The previous edition (10/17/24) is accepted through September 30, 2026 under a 30-day grace period. The major change: the new form includes a privacy release authorizing USCIS to request information from consumer credit reporting agencies (Equifax, Experian, TransUnion). USCIS has not published a minimum credit score requirement and has not stated it will pull reports in every case. Sponsors with frozen credit files should know how to lift the freeze quickly if USCIS requests it. All other I-864 requirements remain unchanged.
"My sponsor's income is $24,000 for a household of two. That's below the $27,050 threshold. Do I need a joint sponsor?"
If the sponsor's gross income from the most recent tax year is below 125% of the federal poverty guideline for the household size, the sponsor has three options: use qualifying assets to make up the gap, add a household member's income (if they live with the sponsor and are on the tax return), or bring in a joint sponsor who independently meets the threshold. Which option works depends on the specific financial situation. An attorney or DOJ-accredited representative can advise on which path makes the most sense for a particular case.
Source: Reddit r/immigration, common question from sponsors below the income thresholdWhat the I-864 Actually Is: A Binding Financial Contract
The I-864 is not a simple government form. When a sponsor signs it, they are entering a legally enforceable contract with the U.S. government promising that the sponsored immigrant will not become dependent on public benefits. Federal courts have consistently upheld this obligation even after divorce. In Liu v. Mund (7th Circuit, 2012), the court established that the rights of the sponsored immigrant under the I-864 exist apart from those under state divorce laws. In Erler v. Erler (9th Circuit, 2016), a prenuptial agreement was rejected as a way to avoid I-864 obligations. If the sponsored immigrant receives means-tested federal benefits after receiving their green card, the agency that paid those benefits can sue the sponsor to recover the costs.
The obligation does not end with divorce, separation, or loss of contact with the immigrant. It ends only when one of these happens: the sponsored immigrant becomes a U.S. citizen through naturalization, earns 40 qualifying Social Security work quarters (approximately 10 years of work), permanently departs the United States, loses permanent resident status and departs, or dies. The sponsor's death also ends the obligation.
This Contract Survives Divorce
The most common misunderstanding I see is sponsors who believe divorce ends their I-864 obligation. It does not. If you sponsor your fiancé through a K-1 visa or your spouse through a marriage-based green card, that financial responsibility continues regardless of what happens to the relationship. Whether this creates an issue in a particular situation depends on the facts. An attorney can explain how the I-864 interacts with state divorce and support laws.
2026 Income Requirements: The Poverty Guideline Table
The core financial test is simple: the sponsor's gross annual income must equal or exceed 125% of the federal poverty guideline for their household size. Active-duty military sponsors petitioning for a spouse or child need only 100%. The Department of Health and Human Services publishes updated guidelines each January. These are the 2026 figures for the 48 contiguous states and Washington, D.C. (Alaska and Hawaii have higher thresholds):
2026 Federal Poverty Guidelines for I-864 (125%)
| Household Size | 125% Required Income |
|---|---|
| 2 persons | $27,050 |
| 3 persons | $34,150 |
| 4 persons | $41,250 |
| 5 persons | $48,350 |
| 6 persons | $55,450 |
| 7 persons | $62,550 |
| 8 persons | $69,650 |
Active-duty military at 100%: $21,640 for a household of two, $27,320 for three, $33,000 for four. This reduced threshold applies only when the military sponsor is petitioning for a spouse or child, not for other family members.
"I just started a new job making $45,000 but my last tax return shows only $18,000 because I was in school. Will USCIS look at my current income or my tax return?"
USCIS primarily looks at the most recent federal tax return, but the I-864 instructions allow sponsors to demonstrate that current income is higher than what the tax return shows. Submit recent pay stubs (six months if possible), an employment verification letter on company letterhead showing your position, start date, and salary, and any other evidence of current earnings. USCIS can consider this current income evidence, though the tax return carries the most weight in their review.
Source: VisaJourney I-864 forum, common situation for new graduates and career changersHow to Count Your Household Size
Getting the household size wrong is one of the most common I-864 mistakes, because the count is not the same as the number of people living in your house. The I-864 household size must include all of the following:
Household Size Calculation
1. Yourself (the sponsor) - always counted.
2. Your spouse - even if they are the person you are sponsoring, they count as a household member AND as the intending immigrant.
3. All dependents on your most recent federal tax return - children, parents, or anyone else you claimed.
4. The intending immigrant - the person you are sponsoring (if not already counted as your spouse).
5. Any other immigrants in the same petition - such as the sponsored immigrant's minor children who will be included on derivative visas.
6. Any immigrants you previously sponsored - anyone for whom you signed an I-864 who has not yet become a U.S. citizen, earned 40 work quarters, permanently departed, or died.
Here is where people get tripped up: a sponsor who filed an I-864 for a sibling five years ago, that sibling got their green card but never naturalized, and now the sponsor is petitioning for a spouse. That sibling still counts in the household size even though they do not live with the sponsor. Many people forget about prior sponsorships, and USCIS has records of every I-864 ever filed.
Household Size and Income Calculation: A Real-World Scenario
This example uses fictional names and numbers to illustrate how the publicly available USCIS rules apply in a common situation. Whether a specific person qualifies depends on the facts of their case. An attorney or DOJ-accredited representative can provide case-specific advice.
The situation: Maria is a U.S. citizen sponsoring her husband Carlos for a marriage-based green card. She earns $35,000 per year. She has two children from a previous marriage who she claims as dependents on her tax return.
Step 1 - Count the household size:
Maria (the sponsor) = 1
Carlos (the intending immigrant and her spouse) = 1
Two dependent children on her tax return = 2
Total household size = 4
Step 2 - Find the income threshold:
For a household of 4 in 2026, 125% of the federal poverty guideline is $41,250.
Step 3 - Compare income to threshold:
Maria's gross income: $35,000. Required: $41,250. She is $6,250 short.
Step 4 - Options to bridge the gap:
Because Maria is sponsoring a spouse (U.S. citizen petitioning for spouse), the asset multiplier is 3x the shortfall: $6,250 x 3 = $18,750 in qualifying assets needed. Alternatively, if a household member living with Maria and on her tax return earns enough to bridge the gap, they can file an I-864A. Or a joint sponsor who independently meets the threshold for their own household size plus Carlos can file a separate I-864.
Note: If Maria had previously sponsored her mother five years ago and that mother still holds a green card, her household size would be 5 (adding the prior sponsorship), raising the threshold to $48,350 and widening the gap to $13,350.
"I sponsored my mother 8 years ago and she has her green card but never applied for citizenship. Does she still count in my household size?"
Yes. As long as a previously sponsored immigrant holds a green card and has not met any of the conditions that end the I-864 obligation (citizenship, 40 work quarters, permanent departure, or death), they count in the sponsor's household size for any new I-864. This increases the income threshold the sponsor must meet. How many prior sponsorships affect a particular case depends on the facts.
Source: CitizenPath I-864 guide, frequently misunderstood household size ruleWhen Income Falls Short: Assets, Joint Sponsors, and Household Members
If gross income does not reach the 125% threshold, the I-864 instructions provide three alternatives. Each has its own rules and documentation requirements.
Option 1: Qualifying Assets
Assets can supplement income if their net value meets a specific multiplier. For sponsors petitioning for a spouse or child of a U.S. citizen, the asset value must equal three times the difference between the sponsor's income and the required threshold. For all other family-based categories, the multiplier is five times the difference. Example: a sponsor with a household of two earns $20,000 against a $27,050 threshold. The shortfall is $7,050. Sponsoring a spouse, the required asset value is $7,050 x 3 = $21,150. Sponsoring a parent, it would be $7,050 x 5 = $35,250.
Qualifying assets include savings accounts, certificates of deposit, stocks, bonds, mutual funds, and real estate equity. Real estate requires a professional appraisal and proof the equity can be converted to cash within 12 months. Assets that generally do not qualify include vehicles (unless you own more than one), retirement accounts with early withdrawal penalties, and foreign assets that are difficult to verify. If income alone meets the requirement, do not include assets. It adds complexity without benefit.
Option 2: Joint Sponsor
A joint sponsor is a separate person who files their own I-864 and takes on the same legally binding financial obligation as the petitioning sponsor. Any U.S. citizen or lawful permanent resident who is at least 18 and domiciled in the U.S. can serve as a joint sponsor. They do not need to be related to the petitioner or the immigrant. The joint sponsor must independently meet the 125% income threshold for their own household size plus the sponsored immigrant. They submit a complete, separate I-864 with their own tax returns, W-2s, pay stubs, and proof of status.
"My friend agreed to be my joint sponsor but she already sponsored her own husband two years ago. Can she still be my joint sponsor?"
She can, but her husband still counts in her household size for the new I-864, and the new immigrant she is jointly sponsoring also gets added to her household count. So if her own household was already three people (herself, husband, and one dependent), sponsoring you brings it to four, which requires $41,250 in gross income. Whether she qualifies depends on whether her income covers the increased household size. An attorney can review the specific numbers.
Source: Lincoln Goldfinch Law I-864 joint sponsor guide, common joint sponsor scenarioOption 3: Household Member Income (Form I-864A)
A household member who lives with the sponsor and is listed on their federal tax return can contribute their income to meet the threshold. This person files Form I-864A (Contract Between Sponsor and Household Member) and takes on a separate financial obligation. The key distinction from a joint sponsor: a household member's income is combined with the sponsor's, rather than standing alone. The household member must live in the sponsor's home and be on their most recent tax return.
I-864 vs. I-864A vs. I-864EZ: Which Form Does Who File?
| Form | Who Files It | When It Is Used | Key Requirement |
|---|---|---|---|
| I-864 | The petitioning sponsor (and joint sponsor, if any) | Every family-based green card case requiring an affidavit of support | Sponsor must meet 125% of poverty guideline for household size (100% for active-duty military petitioning for spouse/child) |
| I-864A | A household member contributing income, or the intending immigrant if they have income | When the sponsor's income alone does not meet the threshold and a household member will help bridge the gap | Must live with the sponsor AND be listed as a dependent on the sponsor's most recent tax return |
| I-864EZ | The petitioning sponsor only | When the sponsor's income alone (no assets, no household member income, no joint sponsor) meets the threshold, and the sponsor is using only their own salary or pension income from a single source | Cannot be used if relying on assets, a joint sponsor, or household member income; only for straightforward single-income cases |
Note: The I-864EZ is a simplified version of the I-864 for straightforward cases. If there is any doubt about which form applies, the full I-864 is always accepted. Using the I-864EZ when the case requires the full I-864 may trigger an RFE. Which form is appropriate depends on the specific financial situation. An attorney can advise on form selection for complex cases.
The Document Checklist: What Goes in the I-864 Packet
Missing documents are the single most common reason for I-864 RFEs. In the 2025-2026 automated RFE surge, even complete packets have triggered false-positive RFEs due to USCIS scanning errors. Getting everything right and organized the first time reduces the chance of both legitimate and automated RFEs.
Financial Documents (Required)
- Most recent federal tax return (Form 1040) or IRS tax return transcript
- W-2s or 1099s for the most recent tax year
- Recent pay stubs (at least 6 months recommended)
- Employment verification letter on company letterhead (position, salary, start date)
- Prior two years of tax returns (recommended, not always required)
Self-Employed Sponsors (Additional)
- Schedule C (Profit or Loss From Business)
- Year-to-date profit and loss statement
- Business bank statements (6 months recommended)
- Business license or registration
- Schedule E or F if applicable to business structure
Status and Identity Documents
- Proof of U.S. citizenship: passport, naturalization certificate, or birth certificate
- Proof of LPR status: green card (front and back copy)
- Proof of U.S. domicile: lease, mortgage statement, utility bills, or U.S. bank statements
If Using Assets
- Bank statements (12 months for savings; current for checking)
- Brokerage or investment account statements
- Real estate: professional appraisal, mortgage statement, proof of ownership
- Net value calculation showing how assets cover the income shortfall
"USCIS sent me an RFE saying my tax return pages are missing, but I submitted the complete return. What happened?"
In 2025 and 2026, immigration attorneys have reported a surge in automated I-864 RFEs that appear to be triggered by scanning and OCR errors in USCIS's digitized intake system, not by actual deficiencies. Common false-positive RFEs include claims that pages are missing when they were submitted, requests for IRS transcripts when complete 1040s were provided, and "unable to verify income" flags on complete financial packages. If you receive an RFE that appears incorrect, respond with the same documents clearly organized, plus an IRS tax return transcript if you originally sent a tax return copy. The RFE response deadline is 87 days from the notice date.
Source: LawFirm4Immigrants.com, I-864 RFE crisis analysis, 2025-2026 dataIRS Tax Transcript vs. Tax Return Copy: Which to Submit?
USCIS accepts either an IRS tax return transcript or a signed copy of your 1040 with all schedules. Practically, a transcript generated directly by the IRS is cleaner, harder to dispute, and less likely to trigger an automated RFE. You can request a transcript at irs.gov/individuals/get-transcript or by mailing Form 4506-T. If you submit a tax return copy instead, include every page, every schedule, and all W-2s and 1099s. Missing a single schedule page is one of the most common reasons I see RFEs on I-864 filings I review with clients.
Six I-864 Mistakes That Cause RFEs and Denials
After preparing I-864 packets for families across California, these are the six errors I see cause the most problems. Every one of them is preventable with careful preparation.
Mistake 1: Wrong Form Edition
USCIS updates the I-864 periodically. The current edition (10/17/24) is accepted through September 30, 2026. Starting October 1, 2026, only the new 08/24/26 edition is accepted. Using an outdated form results in rejection at intake. Always download from uscis.gov/i-864 and check the edition date in the bottom-right corner before filing.
Mistake 2: Miscounting Household Size
Forgetting to count previously sponsored immigrants, tax dependents, or the intending immigrant's derivative children changes the income threshold and may trigger an RFE or denial. Review every person who belongs in the count before completing the form.
Mistake 3: Digital or Missing Signatures
The I-864 must be signed by hand in blue or black ink. Electronic signatures, typed names, and signature stamps are rejected. Both the sponsor and any joint sponsor must provide original wet signatures. In consular processing cases, a missing signature can delay the case by 3 to 4 months while USCIS requests a corrected form.
Mistake 4: Incomplete Tax Documentation
Submitting a 1040 without all schedules, W-2s, or 1099s is one of the most frequent RFE triggers. Self-employed sponsors who omit Schedule C create an immediate red flag. If using an IRS transcript, make sure it is a "tax return transcript," not a "tax account transcript," which contains different information.
Mistake 5: No Joint Sponsor When Income Is Below Threshold
If the sponsor's income is below 125% of the poverty guideline and they have no qualifying assets or household member income to bridge the gap, submitting the I-864 without a joint sponsor results in denial. Have the joint sponsor's complete I-864 packet ready before filing rather than hoping USCIS will overlook the shortfall.
Mistake 6: Domicile Not Established
Sponsors must be domiciled in the United States at the time of filing. Living abroad temporarily is acceptable if you can show concrete intent to maintain or reestablish U.S. domicile (job offer letter, active lease, U.S. bank accounts). Without domicile evidence, the I-864 may be denied regardless of income level. This issue surfaces most often in consular processing cases where the petitioner spouse is living overseas with the beneficiary.
"I'm self-employed and my Schedule C shows a net loss for last year even though I had $80,000 in gross revenue. Will USCIS count my gross or net income?"
USCIS looks at the adjusted gross income on your 1040, which incorporates the net profit or loss from Schedule C. If Schedule C shows a net loss, that reduces your adjusted gross income and may push you below the threshold even if gross revenue was high. Self-employed sponsors with variable income should submit multiple years of tax returns plus current-year profit and loss statements showing improved earnings. Whether assets or a joint sponsor are needed depends on the specific numbers. An attorney can advise on how USCIS evaluates self-employment income in a particular case.
Source: CitizenPath self-employed I-864 guide, common problem for business ownersThe I-864 in the Green Card Process: When It Gets Filed
The I-864 is filed at different stages depending on the pathway. In adjustment of status (I-485) cases where the immigrant is already in the United States, the I-864 is submitted with the I-485 application or in response to a USCIS request. In consular processing cases where the immigrant is abroad, the I-864 is submitted to the National Visa Center (NVC) as part of the immigrant visa application packet. For K-1 fiancé visa cases, the initial petition uses the simpler I-134 Declaration of Financial Support (at 100% of poverty guidelines), and the full I-864 comes later when filing for adjustment of status after the marriage.
The I-864 itself has no filing fee. However, the underlying applications it supports carry their own fees. An I-485 adjustment of status costs $1,440 (paper filing). The I-130 family petition that precedes it costs $675. These fees are verified against the publicly available USCIS fee schedule (Form G-1055, effective April 2024).
"I filed the I-130 for my wife and now NVC is asking for the I-864. Is this different from the I-134 I already submitted?"
Yes, they are different forms with different requirements. The I-134 is a declaration of financial support used for nonimmigrant visa applications (including K-1 fiancé petitions) and requires income at 100% of the poverty guideline. The I-864 is a legally binding affidavit of support required for immigrant visa applications and adjustment of status, requiring income at 125% of the poverty guideline. The I-864 carries a legally enforceable obligation; the I-134 generally does not. When NVC requests the I-864, submit it with all required financial documentation, not a copy of the I-134 you previously filed.
Source: State Department I-864 FAQs, common confusion between the two financial forms"Is it safe to use an immigration consultant instead of a lawyer for the I-864?"
California is one of the few states that regulates immigration consultants under the Business and Professions Code (BPC §22440-22448). Registered consultants must maintain a $100,000 surety bond, file with the Secretary of State, and operate within a defined scope: document preparation and form completion, as per client instructions. I cannot determine whether someone qualifies as a sponsor, give legal advice about income or asset strategies, or represent anyone before USCIS. For straightforward cases where the sponsor clearly meets the income threshold and just needs help getting the paperwork organized correctly, document preparation from a registered consultant is an option. For cases involving income gaps, prior sponsorships, complex asset calculations, or domicile issues, hire a licensed immigration attorney.
Source: Reddit r/immigration, recurring question about consultant vs. attorney for financial formsHow I Help with I-864 Document Preparation
As a California registered immigration consultant under BPC Section 22440-22448, I prepare the I-864 form accurately based on information and instructions the client provides. I organize supporting financial documents into a clear, tabbed packet, including tax returns or transcripts, W-2s, pay stubs, and employment verification letters. I confirm that the correct form edition is being used by checking publicly available USCIS information. For cases involving a joint sponsor, I prepare their separate I-864 and I-864A forms alongside the primary sponsor's packet. I provide administrative post-filing follow-up as described in the written service agreement.
I cannot determine whether a sponsor's income qualifies, advise on asset strategies to meet the threshold, give legal advice about the I-864 obligation, or represent anyone before USCIS or at a consular interview. Whether a particular financial situation satisfies the I-864 requirements depends on the facts of that case. An attorney or DOJ-accredited representative can provide case-specific advice.
Free Consultation on I-864 Document Preparation
Not sure what documents you need or how to organize your I-864 packet? I offer a free initial consultation to walk through what the process involves. I will explain the publicly available requirements, review the documents you have gathered, and provide a clear quote for the preparation work before you commit to anything. No pressure, no obligation. Pricing details for all document preparation services are available on the fee disclosure page.
"I live in San Bernardino but your office is in Costa Mesa. Can I still work with you on the I-864?"
Yes. I work with families across California, including San Bernardino County, Riverside County, Los Angeles County, and San Diego County. I-864 document preparation can be handled remotely. You provide your financial documents and information (in person, by mail, or electronically), I prepare the forms and organize the evidence packet as per your instructions, and you review and sign everything before it is submitted. Many families start with a phone consultation to discuss what documents they need to gather.
Source: Client consultations, common question from families outside Orange CountyFrequently Asked Questions About the I-864 Affidavit of Support
What is the minimum income for the I-864 affidavit of support in 2026?
For 2026, the minimum income at 125% of the federal poverty guideline is $27,050 for a household of two. Each additional household member adds approximately $7,100. Active-duty military sponsors petitioning for a spouse or child only need 100% of the guideline ($21,640 for a household of two). These figures come from the Department of Health and Human Services guidelines published January 15, 2026.
Does the I-864 obligation survive divorce?
Yes. The I-864 is a contract with the U.S. government, not a private agreement between spouses. Federal courts have consistently held that divorce does not end the sponsor's financial obligation. In Erler v. Erler (9th Circuit, 2016), a prenuptial agreement was rejected as a way to avoid I-864 obligations. The obligation ends only when the sponsored immigrant becomes a U.S. citizen, earns 40 qualifying work quarters, permanently departs the U.S., or dies.
What is the new I-864 credit check requirement?
The new I-864 edition (08/24/26), mandatory starting October 1, 2026, includes a privacy release authorizing USCIS to request information from consumer credit reporting agencies. USCIS has not disclosed a minimum credit score or stated it will pull reports in every case. Sponsors with frozen credit files should be prepared to lift the freeze if asked, as delays in responding could slow case processing.
Can I use assets instead of income on the I-864?
Yes. The net value of qualifying assets must equal three times the income shortfall when sponsoring a spouse or child, or five times the shortfall for other family-based immigrants. Qualifying assets include savings, stocks, bonds, and real estate with a professional appraisal. Vehicles (unless you own multiple), retirement accounts with withdrawal penalties, and foreign assets that are difficult to verify generally do not qualify.
Who can be a joint sponsor on the I-864?
Any U.S. citizen or lawful permanent resident who is at least 18 years old and domiciled in the United States can serve as a joint sponsor. They do not need to be related to the petitioner or the immigrant. The joint sponsor files a completely separate I-864, takes on the same legally binding obligation, and must independently meet the 125% income threshold for their own household size plus the sponsored immigrant.
What documents do I need for the I-864?
The primary documents are your most recent federal tax return or IRS tax transcript, W-2s or 1099s, recent pay stubs, an employment verification letter, and proof of U.S. citizenship or LPR status. Self-employed sponsors also need Schedule C and year-to-date profit and loss statements. If using assets, include bank statements, brokerage statements, or real estate appraisals. If your income is higher than your most recent tax return shows, include current evidence of earnings.
See also: Marriage-Based Green Card California · K-1 Fiancé Visa Requirements · How to File Form I-129F · Family Petition Document Preparation · Citizenship and Naturalization · Consular Processing · Fee Disclosure
This page contains publicly available information from USCIS, the Department of Health and Human Services, the Department of State, and official form instructions. I am not an attorney. I cannot provide legal advice, determine eligibility for immigration benefits, or represent you before USCIS or at a consular interview. I provide nonlegal immigration document-preparation services permitted under California law (BPC §22440-22448). For legal questions about your eligibility or case, consult a licensed immigration attorney or DOJ-accredited representative. Bond #73808846, Western Surety Company. Verify my registration →
Sources cited on this page: USCIS Form I-864 Instructions (Edition 10/17/24 and 08/24/26) · USCIS I-864P Poverty Guidelines (2026) · HHS Federal Poverty Guidelines (January 15, 2026) · USCIS Fee Schedule (Form G-1055, effective April 2024) · Liu v. Mund, 7th Cir. 2012 · Erler v. Erler, 9th Cir. 2016 · CLINIC: Enforcement of the Affidavit of Support · LawFirm4Immigrants: I-864 RFE Crisis Analysis (2025-2026) · JQK Law: 5 Critical I-864 Mistakes · CitizenPath: I-864 Guide & Self-Employed Income · State Department: I-864 FAQs · California Business and Professions Code §22440-22448
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