2025 Poverty Guidelines for Affidavit of Support (I-864)

 

To sponsor a family member for U.S. immigration, one must provide proof of financial support and execute a document called Affidavit of Support (Form I-864). This document is an agreement between the sponsor and the U.S. government certifying that the sponsor agrees to provide financial support for the immigrant beneficiaries and also that the sponsor has sufficient resources to do so.

So, how much money is required to sponsor somebody for U.S. immigration? Every year, the U.S. Department of Health and Human Services (HHS) publishes the poverty guidelines for mainland America and also Alaska and Hawaii. For U.S. immigration purposes, the sponsor's household income must generally be at or above 125% of the U.S. poverty line for their particular household size. The latest poverty guideline for 2025 has been published just now in mid-January. Let's take a closer look to see how it works. 

For example, as shown by the 2025 guidelines below, for a household size of 3, the sponsor's annual income must be at least US$33,313 in most states and U.S. territories except Alaska and Hawaii, which have higher income requirements. The household size includes the total number of immigrants being sponsored and also the sponsor and his/her dependents.

Size of Household	48 Contiguous States,D.C., U.S. Virgin Islands,Guam & CNMI	Alaska	Hawaii
125% of Poverty Line (U.S. dollars)
2	26,438	33,038	30,400
3	33,313	41,638	38,313
4	40,188	50,238	46,225
5	47,063	58,838	54,138
6	53,938	67,438	62,050
7	60,813	76,038	69,463
8	67,688	84,638	77,875
	Add $6,875 for each additional person	Add $8,600 for each additional person	Add $7,913 for each additional person

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 the petitioner and 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 a U.S. citizen or legal resident. Further, the sponsor must be domiciled in the United States. It means that the sponsor must regard the United States as his or her permanent home.  

Meeting these criteria is essential for a successful immigration process. If you have any questions regarding the financial support requirements for the green card process, it's advisable to contact an experienced immigration lawyer.

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

How much money is required to sponsor somebody for U.S. immigration?

 

The U.S. immigration system allocates about 480,000 visa numbers for family-based immigration every year. The number seems high, but it is hardly enough to meet the need for family unification. To sponsor a family member to come to the United States, one must also provide proof of financial support and execute a document called Affidavit of Support (Form I-864). This document is an agreement between the sponsor and the U.S. government certifying that the sponsor agrees to provide financial support for the immigrant beneficiaries and also that the sponsor has sufficient resources to do so.

So, how much money is required to sponsor somebody for U.S. immigration? Every year, the U.S. Department of Health and Human Services (HHS) publishes the poverty guidelines for mainland America and also Alaska and Hawaii. For U.S. immigration purposes, the sponsor's household income must generally be at or above 125% of the U.S. poverty line for their particular household size.

For example, as shown by the 2023 guidelines below, for a household size of 3, the sponsor's annual income must be at least US$31,075 in most states and U.S. territories except Alaska and Hawaii, which have higher income requirements. The household size includes the total number of immigrants being sponsored and also the sponsor and his/her dependents.

Size of Household	48 Contiguous States,D.C., U.S. Virgin Islands,Guam & CNMI	Alaska	Hawaii
125% of Poverty Line (U.S. dollars)
2	24,650	30,800	28,350
3	31,075	38,838	35,738
4	37,500	46,875	43,125
5	43,925	54,913	50,513
6	50,350	62,950	57,900
7	56,775	70.988	65,288
8	63,200	79,025	72,675
	Add $6,425 for each additional person	Add $8,038 for each additional person	Add $7,387 for each additional person

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 the petitioner and 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 a U.S. citizen or legal resident. Another lesser-known requirement is that the sponsor must be domiciled 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 a legal consultation.) 

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.) 

USCIS Cancelled Proposed Rule on Tougher Affidavit of Support Requirements

The Trump Administration issued a proposed rule on 10/22/2020 to beef up the legal requirements for Affidavit of Support requirements.  The rule has just been withdrawn by the Biden Administration on 03/22/2021.  

All family-based U.S. immigrant visa petitions must be supported by affidavits of suppport (I-864) and related documents.  In other words, anybody who wants to immigrate to the U.S. through a family relationship must ask "sponors" to support their immigrant visa petitions.  These sponsors must be either U.S. citizens or permanent residents.  

By executing an Affidavit of Support (AOS), a U.S. citizen or permanent resident promises to provide the  financial support to an intending immigrant and/or his family members if needed.  Such obligations will last until the immigrant has become a U.S. citizen or has worked for at least 10 years.  

The proposed rule on 10/22/2020 attempted to toughen the AOS legal requirements. For example, it proposed to limit the definition of household income to only income of the sponsor and his/her spouse but not other household family members.  It also proposed to change the definition of household size to include individuals for whom the sponsors have signed AOS or contracts (between household members) but such AOS and contracts have not become effective yet. 

USCIS has effectively withdrawn the proposed changes as of 03/22/2021.  Intending immigrants may now follow the previous instructions and requirements in regards to the Affidavit of Support.  This change was implemented after the Biden Administration's cancellation of the Public Charge Rule, which required immigrants and their sponsors to provide extenstive financial information to support immigrant petitions. 

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

Don't forget to Submit the I-944 and/or I-864 with your I-485

The public charge rule has now gone into effect, bringing some changes to the immigrant petition process.  For many applicants present in the US, Form I-485 (Application to Register Permanent Residence) must now be filed with Form I-944 Declaration of Self-Sufficiency and Form I-864 Affidavit of Support.

The I-485 application is filed to request for adjustment of status to permanent resident in the US.  Any I-485 application must have an approved underlying immigrant visa petition, the most common ones being filed by family members (I-130) and employers (I-140). Generally, Form I-485 based on a petition for a family member must be filed with both I-944 and I-864 to prove financial support, including those who are K-1/K-2 fiance visas. Most employment-based petitions will only need to include Form I-944 with the I-485 application. There are exemptions from having to file one or both of the forms, depending on circumstances.

Applicants do not need to file Form I-864 if they have 40 quarters of work in the United States, not including quarters where certain public benefit was received. 40 quarters of work is equivalent to roughly 10 years of paying into social security. An example would be someone who has worked 40 quarters under H-1B status before applying for a green card. He/she would not need to file Form I-864. Children of U.S. citizens who are unmarried and under 18 years-old are also exempt from filing I-864, provided they will become citizens upon admission.

Employment-based applicants typically need to file Form I-944 but not Form I-864. Those whose underlying I-140 was filed by a relative or who have 5% or more ownership in the petitioning business must file both forms.  The I-864 sponsor in this case must be applicant's spouse, parent, child, brother or sister. I-864 is not required if the relative is a brother or sister who is a legal resident of the US (rather than a citizen).

Some other notable categories of applicants that must file I-944 but not I-864 are widows/widowers of US citizens, those under the Diversity Visa program, foreign entrepreneurs (Form I-526), and certain special immigrants.

Some applicants are exempt from filing both I-864 and I-944 including asylees, refugees,  human trafficking victims (T visa), applicants under the Cuban Adjustment Act, etc.  U nonimmigrants and VAWA self-petitioners are as well, except, as discussed earlier, if they are employment-based applicants with family or ownership (at least 5% shares) relation with the petitioning entity.

The above describes the most common situations. Several other specific categories do not need to file one or both of the forms. Anyone planning to file Form I-485 should read the form instructions closely to determine what applies to him/her. Obtain professional legal help if necessary to ensure proper submission of application forms and information. 

Stricter Public Benefits Requirements for U.S. Green Card and Visa Applicants

Individuals who have received public benefits before may become ineligible to apply for U.S. green card and other visa status.

The final rule for stricter public charge inadmissibility laws has been announced by the Department of Homeland Security (DHS) and will become effective in two months.  Intending immigrants as well as non-immigrant visa holders are both subject to the new requirements.

The "public charge" inadmissibility grounds prevents a foreigner from attaining a visa or admission to the country if he/she will likely rely heavily on government assistance programs. These currently include:

• Supplemental Security Income (SSI)
• Temporary Assistance for Needy Families (TANF) and General Assistance
• The Supplemental Nutrition Assistance Program (SNAP) ("food stamps")
• Most forms of Medicaid
• Section 8 Housing Assistance under the Housing Choice Voucher Program
• Section 8 Project-Based Rental Assistance, and public housing
• Temporary Assistance for Needy Families (TANF) cash assistance
• State and local General Assistance programs

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The definition of public charge has been expanded to cover more kinds of public benefits. Specifically, cash benefits for income, most forms of Medicaid, some housing programs, long-term institutionalized care (at government's expense), and Nutritional Assistance Program (SNAP).

Furthermore, a public charge is now defined as someone who has received at least one public benefit in 12 months over 36 months. Multiple public benefits in one month will add to the 12 months. For example, two benefits in one month will count together as two months worth of benefits.

Nonimmigrants looking to extend or change their status will also be subject to public charge determination. USCIS will no longer consider whether a visa applicant is likely to receive public benefits in the future. They will look at any 36 months since the alien obtained their current status and count if 12 months worth of public benefits were received, as explained above.

Certain groups are exempt from the public charge rule. Those in the U.S. armed forces under active duty or Ready Reserve are exempt, including their spouse and children. Some international adoptees and children with U.S. citizen parents are not counted as public charges. Medicaid for aliens under 21 and pregnant women does not count toward public benefits under public charge. Medicaid benefits for school-based and emergency medical services also do not count. Humanitarian-based immigration programs for refugees, asylees, and certain kinds of victims are also not included.

Another notable change is the addition of public charge bonds for adjustment of status applicants. USCIS can now offer a foreigner inadmissible on public charge grounds the chance to post a bond in the minimum amount of $8,100. The rule also gives USCIS discretion to offer and cancel public charge bonds.

The final rule goes into effect on October 15th. It will be applied only to applications received on or after this day. 

2019 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 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 2019 guidelines below, for an immigrant family of 2, the sponsor's income must be at least $21,138 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	21,138	26,413	24,325
3	26,663	33,325	30,675
4	32,188	40,238	37,025
5	37,713	47,150	43,375
6	43,238	54,063	49,725
7	48,763	60,975	56,075
8	54,288	67,888	62,425
	Add $4,420 for each additional person	Add $5,530 for each additional person	Add $5,080 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 requirements regarding financial support have been tightened recently. A rule proposed in October 2018 wants to subject the beneficiary to a comprehensive review, which judges if the person will likely be a public charge. DHS would examine age, health, family status, assets, resources, financial status, education, employment history and skills. In addition, DHS will also look into the beneficiary's history regarding use of public assistance programs (e.g. Supplemental Security Income, Medicaid) in the past three years as well as in the present.  The proposal has not been finalized yet but the more restrictive policy may still be applied in individual cases. Intending immigrants must pay attention to make sure that they are not considered a "public charge." 

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.