2021 Poverty Guidelines for Affidavit of Support (I-864)

 

Every year, USCIS publishes the most current income requirements for completing the I-864 Affidavit of Support form for immigrant petitions. These guidelines are based on the current poverty guidelines published by U.S. Department of Health and Human Services (HHS).   

To support an intending immigrant and his/her family members, the sponsor(s) must generally show that their income level is above 125% of the U.S. poverty line for the family unit.  For example, as shown by the 2021 guidelines below, for an immigrant family of 2, the sponsor's income must be at least $21,775 in most states and U.S. territories except Alaska and Hawaii, which have higher income requirements.

Size of Household	48 Contiguous States,D.C., U.S. Virgin Islands,Guam & CNMI	Alaska	Hawaii
125% of Poverty Line (U.S. dollars)
2	21,775	27,212	25,050
3	27,450	34,312	31,575
4	33,125	41,412	38,100
5	38,800	48,512	44,625
6	44,475	55,612	51,150
7	50,150	62,712	57,675
8	55,825	69,812	64,200
8 up	Add $5,675for each additional person	Add $7,100 for each additional person	Add $6,525 for each additional person

 

If the financial sponsors' income level is below the guidelines, the intending immigrant may be found to be inadmissible to the United States as a "public charge."  Section 212(a)(4) of Immigration Act requires that family-based immigrants and the dependents of an employment-based immigrant must prove that they will not likely become a financial burden (public charge) to the U.S. society.

Normally, the petitioner must act as the sponsor in the I-864 form.  If the petitioner's income level is insufficient, a joint sponsor may provide additional financial support.  Both petitioner and the beneficiary may also use their assets such as real estate, stocks, bonds, cash, etc., to meet the I-864 requirements. 

The financial sponsor must be either U.S. citizen or legal resident. Another lesser-known requirement for the I-864 sponsor is that he or she must be domicile in the United States. It basically means that the sponsor must regard the United States as his or her permanent home.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.)