I-864P: Poverty Guidelines

Health and Human Services release the poverty guidelines every year to indicate what level of income per number of persons in a household constitute as living in poverty. The Affidavit of Support Form I-864 uses these guidelines to determine whether a petitioner is eligible to be a sponsor. HHS poverty guidelines are adjusted every year to reflect inflation. Please see below for the state specific poverty guidelines for The Affidavit of Support. 100% guidelines are for active U.S. military members who are sponsoring their spouse or children. 125% guidelines are for all other sponsors.

For the 48 main states, D.C, Puerto Rico, U.S. Virgin Islands, Guam, and the North Mariana Islands

Household Size

100% of HHS Poverty Guidelines

125% of HHS Poverty Guidelines

2$16,240$20,300
3$20,420$25,525
4$24,600$30,750
5$28,780$35,975
6$32,960$41,200
7$37,140$46,425
8$41,320$51,650
For each additional person+$4,180 +$5,225

 

Alaska

Household Size100% of HHS Poverty Guidelines

125% of HHS Poverty Guidelines

2$20,290$25,362
3$25,520$31,900
4$30,750$38,437
5$35,980$44,975
6$41,210$51,512
7$46,440$58,050
8$51,670$64,587
For each additional person+$5,230+$6,537

 

Hawaii

Household Size

100% of HHS Poverty Guidelines

125% of HHS Poverty Guidelines

2$18,670$23,337
3$23,480$29,350
4$28,290$35,362
5$33,100$41,375
6$37,910$47,387
7$42,720$53,400
8$47,530$59,412
For each additional person+$4,810+$6,012

If you want to reference the official USCIS Affidavit of Support HHS Poverty Guidelines, please visit their page.

Additional Information on Form I-864P

Although Form I-864P is called a form, it is more like a reference document than other forms the USCIS provide. It does not need to be submitted with any applications but rather used as a determination to see if a sponsor qualifies to submit an Affidavit of Support.

Responsibilities and Legal Obligations of a Sponsor through Affidavit of Support

Before committing to sponsoring an immigrant, you should make sure you are financially stable and sound enough to provide support. Once you submit an Affidavit of Support, you are legally bound to help the immigrant such that they do not become a burden to the United States. Once you sign and submit an Affidavit of Support, you are letting the government know that you are accepting responsibility for the financial well-being of the sponsored immigrant and are willing to share your resources and support for the immigrant.

In the eyes of the United States government, your resources and assets will  be considered available for the immigrant or permanent resident to access. If you do not provide support financial support for the sponsored immigrant, he or she may sue you to provide financial support. The Affidavit of Support is meant to be a contract between the sponsor, the government and the immigrant as an understanding of whom will be financially responsible and liable for the financial well-being of the immigrant.

As a sponsor, your financial obligation for the sponsored immigrant continues until one of the following qualifications is met:

  • The immigrant goes through the naturalization process and becomes a U.S. citizen
  • The immigrant works at least 40 quarters, or 10 years, in the United States and has coverage under the Social Security Act
  • The immigrant becomes deceased
  • The immigrant departs the U.S. and does not follow the steps to remain a permanent resident
  • The immigrant applies for an adjustment of status along with a new affidavit of support from another sponsor
  • The sponsor becomes deceased
    • In this case, family members or other members of your Estate will not be required to take on the obligation of financial support for the immigrant

What Are Means-Tested Public Benefits?

In a broader definition of Means-Tested Public Benefits, they are government provided support programs to United States citizens or non-citizens residing in the U.S. who are undergoing financial hardship. They are funded by United States tax money which comes from the earnings of U.S. citizens. Means-Tested Public Benefits are relevant to an Affidavit of Support if a sponsored immigrant has applied and benefited from these government sponsored programs when they should be getting financial support from their sponsor. Immigrants should be provided support by their sponsors so that they do not place any burden on the United States for their well-being. To dive in deeper, we have broken out the levels of means-test public benefits.

Federal Means-Tested Public Benefits

  • Food Stamps (or SNAP, Supplemental Nutrition Assistance Program)
  • Supplemental Security Income (SSI)
  • Temporary Assistance for Needy Families (TANF)
  • State Child Health Insurance Program (SCHIP)
  • Medicaid

State Means-Tested Public Benefits

  • This is determined by each state individually. Please contact the public assistance office of your state of residence if you need a list of state means-tested public benefits

Programs Not Included

  • National School Lunch and Child Nutrition Acts
  • Immunizations and vaccines for prevention or treatment of communicable diseases
  • higher Education Act and the Public Health Service act assistance for students
  • Head Start Programs
  • Non-cash, short term emergency relief
  • Job Training Partnership Act programs
  • Some foster-care and adoption assistance under the Social Security Act
  • Programs under the Elementary and Secondary Education Act

If your sponsored immigrant uses means-tested public benefits and you submitted an enforceable Affidavit of Support (Form I-864 vs Form I-134 which is not legally binding), you will be liable for repaying the cost of the benefits they have incurred. This liability does not extend to the immigrant’s children even if they are sponsored and it does not extend to any non-sponsored family members.

For more information on enforceable versus non-enforceable Affidavits of Support, please visit our page on Form I-134, Affidavit of Support.