The federal poverty level, often referred to as the poverty line, is a measure of income issued annually by the Department of Health and Human Services (HHS). It is used for various administrative and statistical purposes, including determining eligibility for certain federal programs. For individuals sponsoring family members for a green card to the United States, understanding the federal poverty level is crucial, particularly when completing Form I-864, Affidavit of Support. This form requires sponsors to demonstrate they can financially support the intending immigrant, and the HHS poverty guidelines play a direct role in this process.
Understanding the HHS Poverty Guidelines
The HHS poverty guidelines are essentially income thresholds that vary based on household size. These guidelines are updated annually and are used to determine if a sponsor’s income meets the minimum requirement to support an immigrant. For Form I-864, sponsors generally need to demonstrate an income of at least 125% of the relevant poverty guideline for their household size, including the sponsored immigrant(s). For sponsors on active duty in the U.S. armed forces petitioning for their spouse or child, the requirement is slightly lower, at 100% of the poverty guidelines.
It’s important to note that poverty guidelines differ slightly for Alaska and Hawaii due to the higher cost of living in these states. The guidelines are also distinct from poverty thresholds, which are issued by the U.S. Census Bureau and are primarily used for statistical purposes. For immigration purposes and Form I-864, the HHS poverty guidelines are the relevant measure.
2024 Poverty Guidelines for Form I-864
The following tables outline the 2024 HHS poverty guidelines, effective from March 1, 2024, for use with Form I-864. These guidelines are categorized by location and further broken down by household size and the percentage of the poverty guideline (100% and 125%) relevant to different sponsor types.
For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands:
| Sponsor’s Household Size | 100% of HHS Poverty Guidelines* | 125% of HHS Poverty Guidelines* |
|---|---|---|
| For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child | For all other sponsors | |
| 2 | $20,440 | $25,550 |
| 3 | $25,820 | $32,275 |
| 4 | $31,200 | $39,000 |
| 5 | $36,580 | $45,725 |
| 6 | $41,960 | $52,450 |
| 7 | $47,340 | $59,175 |
| 8 | $52,720 | $65,900 |
| Add $5,380 for each additional person | Add $6,725 for each additional person |
For Alaska
| Sponsor’s Household Size | 100% of HHS Poverty Guidelines* | 125% of HHS Poverty Guidelines* |
|---|---|---|
| For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child | For all other sponsors | |
| 2 | $25,540 | $31,925 |
| 3 | $32,270 | $40,338 |
| 4 | $39,000 | $48,750 |
| 5 | $45,730 | $57,163 |
| 6 | $52,460 | $65,575 |
| 7 | $59,190 | $73,988 |
| 8 | $65,920 | $82,400 |
| Add $6,730 for each additional person | Add $8,413 for each additional person |
For Hawaii:
| Sponsor’s Household Size | 100% of HHS Poverty Guidelines* | 125% of HHS Poverty Guidelines* |
|---|---|---|
| For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child | For all other sponsors | |
| 2 | $23,500 | $29,375 |
| 3 | $29,690 | $37,113 |
| 4 | $35,880 | $44,850 |
| 5 | $42,070 | $52,588 |
| 6 | $48,260 | $60,325 |
| 7 | $54,450 | $68,063 |
| 8 | $60,640 | $75,800 |
| Add $6,190 for each additional person | Add $7,738 for each additional person |
To use these tables, first determine your household size, which includes yourself, your dependents, and the immigrant(s) you are sponsoring. Then, locate the appropriate poverty guideline based on your location and sponsor category (active duty military or other). Your income must equal or exceed the amount listed in the table for your situation to meet the financial requirements for Form I-864.
Means-Tested Public Benefits and Affidavit of Support
The Affidavit of Support aims to ensure that sponsored immigrants do not become a public charge, meaning they do not become primarily dependent on the U.S. government for subsistence. To this end, Form I-864 requires sponsors to demonstrate sufficient income. It’s also relevant to understand what constitutes “means-tested public benefits” in this context.
Federal Means-Tested Public Benefits are specific federal programs where eligibility is based on income and resources. These include:
- Food Stamps (SNAP)
- Medicaid
- Supplemental Security Income (SSI)
- Temporary Assistance for Needy Families (TANF)
- State Child Health Insurance Program (SCHIP)
State Means-Tested Public Benefits are determined by each state. States may have their own programs that are considered means-tested. It is advisable to check with the relevant state public assistance office for details on state-specific programs.
Certain programs are Not Included as means-tested benefits for public charge considerations. These include:
- Emergency Medicaid
- Short-term, non-cash emergency relief
- Services under the National School Lunch and Child Nutrition Acts
- Immunizations and communicable disease testing and treatment
- Student assistance under the Higher Education Act and Public Health Service Act
- Certain foster-care or adoption assistance under the Social Security Act
- Head Start programs
- Means-tested programs under the Elementary and Secondary Education Act
- Job Training Partnership Act programs
Understanding the federal poverty level and its application to Form I-864 is a critical step in the immigration sponsorship process. Sponsors should carefully review these guidelines and consult with legal professionals or official resources for personalized advice.
