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
|100% of HHS Poverty Guidelines||
125% of HHS Poverty Guidelines
|For each additional person||+$4,180||+$5,225|
|Household Size||100% of HHS Poverty Guidelines||
125% of HHS Poverty Guidelines
|For each additional person||+$5,230||+$6,537|
|100% of HHS Poverty Guidelines||
125% of HHS Poverty Guidelines
|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)
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.
Who is Eligible for Form I-864P?
Anyone who is the sponsor of an immigrant petitioning the United States for a green card, Form I-864P, is eligible to complete this form. This form is typically used by individuals who are petitioning for a family member to immigrate to the United States, such as a spouse or child. In order for an individual to be eligible to file this form, they must meet certain requirements. These requirements include being at least 18 years of age, having a valid Social Security number, and having income and assets that meet the poverty guidelines set by the U.S. Department of Health and Human Services.
What is the Latest Form I-864P Edition?
The latest edition of Form I-864P, the Poverty Guidelines for Affidavit of Support, is Edition 12/14/20.
What are the Required Documents for Form I-864P?
1. Proof of U.S. citizenship or lawful permanent resident status such as a birth certificate, passport, or green card
2. Proof of income such as tax returns, pay stubs, bank statements, and proof of any other financial support
3. Evidence of any public benefits received by the sponsor or their household members
4. Evidence of any assets owned by the sponsor or their household members
5. A completed and signed Form I-864P (Affidavit of Support)
6. A completed and signed Form I-864 (Affidavit of Support Under Section 213A of the INA)
7. Copies of the sponsored immigrant’s passport, birth certificate, and other immigration documents, such as visa or green card
8. Copies of the sponsor’s driver’s license or other government-issued photo identification
How to Submit Form I-864P?
Form I-864P, Poverty Guidelines, is a form used to determine if an immigrant has enough income or assets to be eligible to sponsor someone else. The form must be submitted along with Form I-864, Affidavit of Support.
The following steps can be used to submit Form I-864P:
1. Download Form I-864P from the U.S. Citizenship and Immigration Services website.
2. Print the form and fill it out completely and accurately. If a section of the form does not apply, mark “N/A” or “Not Applicable” in the space provided.
3. Attach all required documents, such as tax returns and proof of income, to the form and sign it.
4. Mail or hand-deliver the completed Form and documents to the address indicated in the instructions for Form I-864P.
5. Keep a copy for your records.
What are the Filing Tips for Form I-864P?
1. Gather all the necessary documents and information you will need: You will need to have the financial information of your sponsor, such as bank statements, income tax returns, pay stubs. You will also need to provide details of your own finances if you are filing as a joint sponsor.
2. Read through the instructions for Form I-864P carefully and make sure you understand them: The instructions for Form I-864P are very detailed and it is important to read them through and make sure you understand them before you complete the form.
3. Fill out the form accurately and completely: Make sure to fill out all the required fields and answer all questions truthfully and accurately, otherwise your application may be rejected.
4. Have the sponsor sign the form in front of a notary public: Your sponsor must sign Form I-864P in front of a notary public in order for it to be accepted by USCIS.
5. Make copies of all documents: It is always a good idea to make copies of all documents for your own records before submitting them to USCIS.
6. Submit your application: When you are done filling out the form, make sure to submit it with all the required documents and filing fees to USCIS.
Are There Special Instructions for Form I-864P?
Yes, there are special instructions for Form I-864P. The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) provide detailed instructions on their website. Generally, the instructions call for the following:
1. Be sure to fill out all of the required information on the form, as incomplete forms can delay processing.
2. Provide proof of income such as tax returns, pay stubs, or bank statements to verify that you meet the required income level for the affiant’s household size, as defined by the Federal Poverty Guidelines.
3. Make sure to sign and date the form before submitting it.
4. Include all relevant supporting documents, such as a copy of the immigrant’s birth certificate, marriage certificate, or other legal documents.
5. Complete all necessary forms and supporting documents and mail them to the appropriate USCIS address listed in the instructions.
What is the Form I-864P Fee?
The Form I-864P Fee is a filing fee charged by the U.S. Citizenship and Immigration Services (USCIS) when filing a Petition for Alien Relative (Form I-130). This fee is used to cover administrative costs related to processing a petition. The current fee for Form I-864P is $535.
Can I Apply for Form I-864P Fee Waiver or Reduction?
No, Form I-864P Fee Waiver or Reduction cannot be applied for by an individual. This form is primarily used by organizations and government agencies participating in the Fee Waiver or Reduction Program.
What is the Form I-864P Processing Time?
The processing time for Form I-864P depends on the USCIS office that is processing the form. Generally, processing times range from 6 to 8 weeks, although this can vary depending on the current workload of the office.
Form I-864P Frequently Asked Questions
1. What is Form I-864P?
Form I-864P is a form used to determine the poverty guidelines for individuals filing Affidavit of Support under Section 213A of the Immigration and Nationality Act (INA). This form is used to establish that an immigrant can financially support themselves and their family in the United States.
2. Who needs to complete Form I-864P?
Form I-864P must be completed by the sponsor (U.S. Citizen or Legal Permanent Resident) of the immigrant. The sponsor must complete and submit Form I-864 along with Form I-864P.
3. What information do I need to complete Form I-864P?
The information needed to complete Form I-864P includes the sponsor’s name, address, and filing status, number of dependents, yearly income and taxes paid.
4. Is there a fee for filing Form I-864P?
No, there is no fee for filing Form I-864P.
5. Where can I find more information about Form I-864P?
Additional information about Form I-864P can be found on the U.S. Citizenship and Immigration Services website at https://www.uscis.gov/i-864p or from a qualified immigration attorney.