Poverty Guidelines

For Immigrant Affidavit of Support

Definition

USCIS issued poverty guidelines (I-864P) are used in connection with USCIS Form I-864, Affidavit of Support and USCIS Form I-134 Affidavit of Support used for I-129F fiancé visa petitions. Petitioners of family-based green card applications and some employment-based green card cases are required to sign an affidavit of support pledging that they meet the income requirement necessary to sponsor the green card applicant(s). The petitioner must demonstrate that they meet at least 125% of HHS Poverty Guidelines depending on their household size (including the intending immigrant(s)). Active military must meet at least 100% of HHS Poverty Guidelines based on their household size. The poverty guidelines are provided on the I-864P. The affidavit of support ensures that the intending immigrant will not become a financial burden to the U.S. government. All family-based sponsors must submit this form, regardless of the education, employment, or personal wealth of the sponsored individual.

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The Affidavit of Support requires that the sponsor demonstrate an income of at least 125% of the current poverty level based on their family size, plus the sponsored individual/s and any other claimed dependents, unless the sponsor is active military. There are provisions available regarding the use of assets to overcome a deficiency in income, as well as the use of joint sponsors. The value of a sponsor’s assets can be used to supplement the sponsor’s income if it is unsatisfactory based on the income requirements. For complete instructions on how assets can be used you must view the Affidavit of Support instructions.

Each year the U.S. Department of Health and Human Services (DHHS) publishes poverty guidelines. They are effective from the date of publication.

2016 HHS Poverty Guidelines

48 Contiguous States, D.C., Puerto Rico, U.S. Virgin Islands, Guam, and Commonwealth of the Northern Mariana Islands

Persons in Family or Household

100% of HHS Poverty Guidelines

125% of HHS Poverty Guidelines

2

$16,020

$20,025

3

$20,160

$25,200

4

$24,300

$30,375

5

$28,440

$35,550

6

$32,580

$40,725

7

$36,730

$45,912

8

$40,890

$51,112

For each additional person, add

$4,160

$5,200

ALASKA

Persons in Family or Household

100% of HHS Poverty Guidelines

125% of HHS Poverty Guidelines

2

$20,020

$25,025

3

$25,200

$31,500

4

$30,380

$37,975

5

$35,560

$44,450

6

$40,740

$50,925

7

$45,920

$57,400

8

$51,120

$63,900

For each additional person, add

$5,200

$6,50

HAWAII

Persons in Family or Household

100% of HHS Poverty Guidelines

125% of HHS Poverty Guidelines

2

$18,430

$23,037

3

$23,190

$28,987

4

$27,950

$34,937

5

$32,710

$40,887

6

$37,470

$46,837

7

$42,230

$52,787

8

$47,010

$58,762

For each additional person, add

$4,780

$5,975

Note: Sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child must use the 100% chart. for all other sponsors the 125% chart will apply.

In addition to signing the affidavit of support, the sponsor is required to present certain financial documentation which includes:

  • Most recent income tax return
  • Most recent wage statements and/or 1099's
  • 2-3 Recent Pay Stubs or last 6 months of bank account statements if self-employed
  • Letter of Employment or Self-Employment
  • Proof of assets (if supplementing income with assets) such as deed of property ownership, home appraisement report, deed of vehicle ownership, proof of 401K, IRA, mutual investment funds etc

For more information about the Poverty Guidelines please visit our Affidavit of Support tab.