Form I-864P Understanding the Poverty Guidelines for Sponsorship

The difference between the Affidavit of Support (Form I-864) and Form I-864P is that the Affidavit of Support is the actual legal document the sponsor must complete. In contrast, Form I-864P is a separate reference document that provides poverty guidelines to be used in conjunction with the Affidavit of Support. While it’s referred to as a form, it isn’t something you have to fill out.

To determine the income needed to sponsor a family member, you will need first to determine the size of your household, which includes yourself, your spouse (if you are married), and any dependents you have. 

Then, your income will need to be 125% of the poverty guidelines. For example, if the federal poverty level for a family of four is $27,750 (in 2022), your income must be $34,687. The amount will vary based on your family size, location, and whether or not you’re in the military.  This is why Form I-864P is important for completing your Affidavit of Support.

It’s important to note that the requirements differ for sponsors on active duty in the U.S. armed forces who petition for their spouse or child. For these cases, the sponsor’s income must be at least 100% of the poverty guidelines.

To calculate your income for an affidavit of support, you must add all your taxable and non-taxable income from all sources, including wages, salaries, tips, commissions, bonuses, and self-employment income.

Here’s an example of calculating income:

• Wages from a job: $40,000 per year
• Commissions and bonuses received: $2,000 per year
• Interest from a savings account: $500 per year
• Dividends from stocks: $1,000 per year

Adding all of these sources together would be an annual income of $43,500.

If your income does not meet the requirements for sponsoring an immigrant, you can use assets to cover any shortfall between your income and the required poverty guideline.

Assets could be cash, savings and checking accounts, stocks and bonds, certificates of deposits (CDs), and property that can be converted to cash relatively quickly.

To figure out how much you need in assets, subtract your household income from the minimum income requirement. You’ll need to show that the cash value of your assets is worth at least five times this difference (the amount left over).

Let’s say that the minimum income requirement for your household size is $34,687 per year and your household income is $20,000 per year. To figure out how much you need in assets to meet the financial requirement for sponsorship, you would subtract your household income from the minimum income requirement:

$34,687 – $20,000 = $14,687

This means you have a difference of $14,687 between your household income and the minimum income requirement. To meet the financial requirement for sponsorship, you’ll need to show that the cash value of your assets is worth at least five times this difference:

$14,685 x 5 = $73,425

So, in this example, you would need to show that the cash value of your assets is at least $73,425 to meet the financial requirement for sponsorship.

Exceptions to Calculating Assets to Meet the Income Requirement

• If the person you’re sponsoring is a spouse or an adult child of a U.S. citizen, the minimum cash value of your assets needs to be at least three times the difference between your household income and 125% of the poverty level for your household size. Using the same example above, you would need $44,055 ($14,685 x 3).
• If you’re adopting a child, your assets need to be equal to or greater than the difference between your household income and 125% of the poverty level for your household size. So, in this case, if your income is $20,000 and you have a four-person household, you’d need $14,685 in assets.

Finding a Joint Sponsor

If your income and assets still don’t meet the requirements, you may consider enlisting a joint sponsor to help meet the financial requirements. A joint sponsor can use their income and assets to support your family member’s immigration application.

To act as a joint sponsor, an individual must meet the same requirements as a primary sponsor. This includes being at least 18 years old, a U.S. citizen or national or a permanent resident, and having sufficient income or assets to support the immigrant and any dependents. The joint sponsor must also complete and sign Form I-864A, Contract Between Sponsor and Household Member, and provide evidence of their income and assets.

A joint sponsor does not need to be related to the immigrant. Still, they must demonstrate that they have the financial ability to support the immigrant and any dependents. The joint sponsor’s income and assets will be considered in addition to those of the primary sponsor when determining the immigrant’s eligibility for a visa.

So, for example, if your income is $20,000 and your joint sponsor’s income is $20,000, then together your income is $40,000 which would be more than enough to meet the minimum requirement for a four-person household in 2022-2023 ($34,687)

If you are applying to join your family and become a permanent resident in the U.S., you will need a financial sponsor.  You’ll also need a sponsor if you work for a relative or if a relative owns 5% or more of the company you plan to work at.

However, some categories of immigrants are exempt from the Affidavit of Support requirement:

• Refugees and asylees are generally not required to have a sponsor or to demonstrate financial stability
• If you have worked in the United States for a certain amount of time and have earned or can be credited with 40 qualifying quarters, you may not need to file an Affidavit of Support
• Self-petitioning widows or widowers with an approved Form I-360
• Battered spouses or children with an approved Form I-360
• Orphans who are being adopted by U.S. citizens from another country may not have to file an Affidavit of Support if the adoption is full and formal. To qualify, the adoption must take place before the orphan becomes a permanent resident of the U.S. and both adoptive parents must have seen the child before or during the adoption process.