A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Friday, January 28, 2011

Poverty Guidelines for 2011 for I-864


An intending immigrant must prove to the U.S. government that he or she will not become a “public charge” after immigration.  In other words, proof that there is sufficient financial support is one of the many requirements for a person to obtain a U.S. green card.  In all family petitions, the petitioner must promise under oath that the beneficiary immigrant will not become a financial burden of the U.S. by completing a Form I-864, Affidavit of Support.  The only exception is if the beneficiary has already completed 40 quarters of work in the U.S.  The petitioner (also the financial sponsor) must demonstrate in I-864 an income of at least 125 percent of the current poverty level for the his or her household size, plus the beneficiary immigrant(s).
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What if the petitioner cannot meet the I-864 requirements?  Another person may act as a joint sponsor if the petitioner does not have the required financial resources.  Both petitioner and the beneficiary may also use their assets such as real estate, stocks, bonds, cash, etc., to meet the I-864 requirements.  

How do we know what the poverty guidelines are?  It is the job of the U.S. Department of Health and Human Services (HHS) to publish poverty guidelines for the public every year. The 2011 guidelines have just been published, and they are listed below.

(For more recent updates, visit 2014 and 2015 guidelines. )

Size of Household
48 Contiguous States, D.C., U.S. Virgin Islands, Guam & CNMI
Alaska
Hawaii
125% of Poverty Line
2
18,387
22,975
21,162
3
23,162
28,950
26,650
4
27,937
34,925
32,137
5
32,712
40,900
37,625
6
37,487
46,875
43,112
7
42,262
52,850
48,600
8
47,037
58,825
54,087

Add $4,775 for each additional person
Add $5,975 for each additional person
Add $5,487 for each additional person

1 comment:

Anonymous said...

I'm lost... Please, bring me some light!!!
In I-864 form - line 23, what means current annual income "earned" - as specified in the step-by-step instructions, since "annual" is synonymous with "yearly" and "earned" is in it's past tense? Considering that we are now mid of 2011, I think:
1. 2010 income doesn't apply for an answer (it's not current anymore!).
2. 2011 income is not entirely "earned" yet on a annually basis and counting the future earnings for the rest of the year left to come is nothing but a relative and pure estimation, nothing sure, concrete and provable (people can be anytime laid off, they die, get sick etc.).
3. The only logical correct answer in my mind must be: the total income earned in the past 12 months (June 2010 - May 2011)... It's current (up to date!), annual (covers an entire year!) and is already earned (it can be proved!).
What do you think?