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.)

Contact: 732-632-9888, http://www.1visa1.com/

Showing posts with label affidavit of support. Show all posts
Showing posts with label affidavit of support. Show all posts

Tuesday, February 4, 2025

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.) 

Tuesday, August 22, 2023

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.) 

Thursday, October 28, 2021

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.) 

Monday, March 22, 2021

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.) 

Sunday, April 8, 2018

2018 Poverty Guidelines for Affidavit of Support (I-864)


Every year, USCIS published 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 2018 guidelines below, for an immigrant family of 2, the sponsor's income must be at least 20,575 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
20,575
25,725
      23,662
3
25,975
32,475
      29,875
4
31,375
39,225
      36,087
5
36,775
45,975
      42,300
6
42,175
52,725
      48,512
7
47,575
59,475
      54,725
8
52,975
66,225
      60,937

Add $5,400 for each additional person
Add $6,750 for each additional person
Add $6,212 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.

The I-864 Affidavit of Support form is used to determine if there is sufficient financial support for intending immigrants. The I-864 form turns out to be an extremely challenging document to handle. In fact, a good number of immigrant petitions are delayed or denied because of errors relating to the I-864 form. Normally, the petitioner must act as the sponsor.  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. 

Thursday, December 29, 2016

Original Signatures No Longer Required for Affidavit of Support Forms (I-864, etc.)



The National Visa Center (NVC) announced that it will accept photocopies and scanned versions of signed the Affidavit of Support Forms: I­-864, I-864A, I-864EZ and I-864W, starting January 1, 2017. Original signatures are no longer required.

The Affidavit of Support Form is required for Family-Based immigration applications.  The petitioner and/or a joint sponsor must provide evidence to show that they have enough financial responses to support the individuals immigrating to the U.S.

The NVC already stopped requiring original civil documents in 2014.

Sunday, November 9, 2014

Poverty Guidelines for 2014 for Affidavit of Support of Immigrants

Every year, the U.S. Department of Health and Human Services (HHS) publishes the poverty guidelines for the public. In all family-based immigrant visa 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 Form I-864 an income of at least 125% (100 % for petitioners on active duty in the U.S. military who are sponsoring their spouses or children) of the current poverty level for the his household size, which must include the immigrants and their dependents. The 2014 guidelines are listed below:

Size of Household
48 Contiguous States,D.C.U.S. Virgin Islands,Guam & CNMI
Alaska
Hawaii
125% of Poverty Line (U.S. dollars)
2
19,662
24,575
      22,612
3
24,737
         30,925
      28,450
4
29,812
37,275
      34,287
5
34,887
43,625
      40,125
6
39,962
49,975
      45,962
7
45,037
56,325
      51,800
8
50,112
         62,675
      57,637

Add $5,075 for each additional person
Add $6,350 for each additional person
Add $5,837 for each additional person
For many applicants, the I-864 form turns out to be the most challenging document to handle.  In fact, a good number of immigrant petitions are delayed or denied due to the petitioner's failure to properly fill out the I-864 and related forms, or produce sufficient documents to prove financial ability.  If the petitioner cannot meet the I-864 requirements, another person may act as a joint sponsor and complete his or her own Affidavit of 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.