For Immigrant Affidavit of Support

Definition

The poverty guidelines are important and relevant in connection with the Form I-864, Affidavit of Support, used in connection with the family-based green card cases and some employment-based green card cases too. This information, which is provided on the I-864 is essentially proof that the sponsored individual will not become a financial burden on the U.S. government. All family-based sponsors must submit this form, regardless of the education, employment, or personal wealth of the sponsored individual.

The Affidavit of Support requires that the sponsor must demonstrate an income of at least 125% of the current poverty level for the family size, plus the sponsored individual/s. There are provisions available regarding the use of assets to overcome a deficiency in income, as well as the use of joint sponsors. The income must be 100% for an active member of the U.S. Armed Forces sponsoring his or her spouse or children.

Each year the U.S. Department of Health and Human Services (DHHS) publishes poverty guidelines. The current poverty guidelines are published in the Federal Register Vol. 71, No. 15, January 24, 2006, pp. 3848-3849. They are effective from the date of publication.