Overview: The US Department of Health and Human Services (HHS) recently published its poverty guidelines for 2012. 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 (unless an active member of the military). 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 the 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
Immigration applicants must be aware of the changes in the poverty guidelines and follow the new required levels. If you have any questions or concerns, please do not hesitate to contact Gafner Law Firm.
2012 Poverty Guideline
Effective: January 26, 2012
| Persons in family/household |
Poverty guideline |
|---|---|
| 1 | $11,170 |
| 2 | 15,130 |
| 3 | 19,090 |
| 4 | 23,050 |
| 5 | 27,010 |
| 6 | 30,970 |
| 7 | 34,930 |
| 8 | 38,890 |
| For families/households with more than 8 persons, add $3,960 for each additional person. |
|
| Persons in family/household |
Poverty guideline |
|---|---|
| 1 | $13,970 |
| 2 | 18,920 |
| 3 | 23,870 |
| 4 | 28,820 |
| 5 | 33,770 |
| 6 | 38,720 |
| 7 | 43,670 |
| 8 | 48,620 |
| For families/households with more than 8 persons, add $4,950 for each additional person. |
|
| Persons in family/household |
Poverty guideline |
|---|---|
| 1 | $12,860 |
| 2 | 17,410 |
| 3 | 21,960 |
| 4 | 26,510 |
| 5 | 31,060 |
| 6 | 35,610 |
| 7 | 40,160 |
| 8 | 44,710 |
| For families/households with more than 8 persons, add $4,550 for each additional person. |
|
SOURCE: Federal Register, Vol. 77, No. 17, January 26, 2012, pp. 4034-4035