Overview: The US Department of Health and Human Services (HHS) publishes poverty guidelines each year. These guidelines determine the level of support needed for the I-864 affidavit of support and the I-134 affidavit of support.
What is the I-864, Affidavit of Support: the I-864 affidavit of support is required for certain family-based immigration benefits including permanent residency. On the I-864, a sponsor must demonstrate that he or she has income exceeding 125% of the applicable poverty guideline. An immigrant applicant may have more than one I-864 affidavit of support filed for him or her.
What is the I-134, Affidavit of Support: The I-134 affidavit of support is required for certain nonimmigrant benefits including K-1 fiancé visa application. On the I-134, affidavit of support, a sponsor must demonstrate that he or she has income exceeding 100% of the applicable poverty guideline.
Conclusion: Immigrant and nonimmigrant applicants must be aware of the changes in the poverty guidelines. If you have any questions or concerns, please do not hesitate to contact Gafner Law Firm.
Effective date: August 3, 2010
2010 Poverty Guidelines
| 2010 Poverty Guidelines for the 48 Contiguous States and the District of Columbia |
|
| Persons in family | Poverty guideline |
| 1 | $10,830 |
| 2 | 14,570 |
| 3 | 18,310 |
| 4 | 22,050 |
| 5 | 25,790 |
| 6 | 29,530 |
| 7 | 33,270 |
| 8 | 37,010 |
| For families with more than 8 persons, add $3,740 for each additional person. | |
| 2010 Poverty Guidelines for Alaska |
|
| Persons in family | Poverty guideline |
| 1 | $13,530 |
| 2 | 18,210 |
| 3 | 22,890 |
| 4 | 27,570 |
| 5 | 32,250 |
| 6 | 36,930 |
| 7 | 41,610 |
| 8 | 46,290 |
| For families with more than 8 persons, add $4,680 for each additional person. | |
| 2010 Poverty Guidelines for Hawaii |
|
| Persons in family | Poverty guideline |
| 1 | $12,460 |
| 2 | 16,760 |
| 3 | 21,060 |
| 4 | 25,360 |
| 5 | 29,660 |
| 6 | 33,960 |
| 7 | 38,260 |
| 8 | 42,560 |
| For families with more than 8 persons, add $4,300 for each additional person. | |
SOURCE: Federal Register, Vol. 75, No. 148, August 3, 2010, pp. 45628–45629