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Form I-864P2024-01-11T08:05:43+00:00

Form I-864P HHS Poverty Guidelines: Understanding Your Financial Commitments

The Affidavit of Support, known as Form I-864, is a document that a visa applicant’s sponsor must file with the United States Citizenship and Immigration Services (USCIS). This form serves as a legal contract between the sponsor and the U.S. government. The purpose of Form I-864 is to show that the immigrant has adequate means of financial support and is not likely to rely on government benefits after moving to the United States.

To ensure sponsors meet the financial requirements, the USCIS relies on the federal poverty guidelines issued by the Department of Health and Human Services (HHS). Form I-864P, HHS Poverty Guidelines for Affidavit of Support, provides the income levels that sponsors must meet or exceed, which vary by household size and location.

This form is a critical tool for anyone completing Form I-864, as it helps to discern if the sponsor’s income is sufficient to support the immigrant, taking into account the sponsor’s household size and location within the United States.

The responsibility of a sponsor is substantial, as they must prove they have the financial capability to support the immigrant and that they’re willing to reimburse any government agencies from which the immigrant claims financial assistance. Understanding and correctly applying the HHS Poverty Guidelines via Form I-864P is essential for a sponsor’s commitment and the immigrant’s smooth transition to life in the United States.

Overview of Form I-864P

Form I-864P, also known as the HHS Poverty Guidelines for Affidavit of Support, serves as a reference document for United States citizens or lawful permanent residents who are sponsoring an immigrant. It aids the sponsor in determining whether they meet the minimum income requirements to support the immigrant, ensuring that the immigrant is not likely to rely on public benefits.

Key Points of Form I-864P:

  • Sponsors use it alongside Form I-864, Affidavit of Support Under Section 213A of the INA.
  • It reflects the poverty guidelines updated annually by the Department of Health and Human Services (HHS).
  • The guidelines consider the sponsor’s household size and state of residence.

Usage:

  • The form itself is not submitted with the application but is a crucial tool for qualification assessment.
  • It establishes an official contract between the sponsor and the U.S. government, indicating the sponsor’s responsibility for the immigrant’s financial support.

The income thresholds on Form I-864P vary based on household size and location, including the 48 contiguous states, the District of Columbia, and U.S. territories. These guidelines are valid from their release until new guidelines supersede them, typically the following year.

Income Requirement:

  • The sponsor must show an income at 125% of the poverty level for most sponsors.
  • For U.S. military members sponsoring a spouse or child, an income of 100% of the poverty level is required.

Form I-864P is an essential tool for ensuring immigrants have adequate support without becoming a public charge, maintaining the integrity of the immigration and sponsorship process.

Income Requirements

Form I-864P, also known as the Affidavit of Support, outlines the income requirements for sponsors to demonstrate they can support the immigrant financially. The U.S. Citizenship and Immigration Services (USCIS) uses the Health and Human Services (HHS) Poverty Guidelines to establish the minimum income level a sponsor must meet to fulfill this obligation.

Eligibility Criteria: A sponsor is required to have an income equal to or greater than 125% of the poverty level for their household size, including the following:

  • The sponsor
  • Their dependents
  • The sponsored immigrant(s)

Household Size and Income Thresholds (2023): The income thresholds adjust annually and are effective as of March 1, 2023. The guidelines are:

Household Size 125% of HHS Poverty Guidelines
For 1 person $16,990
For 2 people $22,887
For 3 people $28,784
For 4 people $34,681
Each additional person adds $5,897

Use of Assets: If the sponsor’s income does not meet the requirement, assets can be used to make up the difference. The assets must be convertible to cash within one year and be more than the difference between the sponsor’s household income and the required amount.

Sponsors are legally bound by the Affidavit of Support until the immigrant becomes a U.S. citizen or has worked for 40 qualifying quarters, typically equivalent to 10 years. Failure to meet the income requirements can result in the denial of the sponsored immigrant’s application for lawful permanent residency.

Using Form I-864P

Form I-864P, known as the HHS Poverty Guidelines, is a critical reference document for individuals filling out Form I-864, the Affidavit of Support. It’s used to ascertain if a petitioner meets the financial requirements to sponsor an immigrant.

Eligibility Criteria:

  • The sponsor must demonstrate income at least 125% of the federal poverty level for their household size.
  • For active duty military members sponsoring immediate family, the requirement is 100% of the poverty level.

Household Size Considerations: Sponsors must count all persons in their household, including:

  • Themselves
  • Their dependents
  • Any immigrants previously sponsored with Form I-864

Annual Updates: The guidelines are updated annually to reflect changes in the economy, and are effective beginning March 1st of the current year.

Using the Table:

  • Locate the sponsor’s household size.
  • Find the corresponding income requirement.

Documentation: It’s crucial to provide proof of income, such as:

  • Tax returns
  • W-2s
  • Pay stubs
  • Employment letters

By adhering to Form I-864P guidelines and ensuring all income documentation is current and correct, sponsors can effectively support their Affidavit of Support. This form is instrumental in maintaining the integrity of the immigration sponsorship process.

Legal Implications

Form I-864P, associated with the Affidavit of Support, has critical legal implications for both the sponsor and the intending immigrant. The sponsor is legally obligated to support the immigrant at an income level that is at least 125% of the Federal Poverty Guidelines. This commitment is not merely a pledge; it creates a legally enforceable contract between the sponsor and the U.S. government.

If the sponsored immigrant receives means-tested public benefits, the government may seek reimbursement from the sponsor. The obligation continues until the sponsored individual becomes a U.S. citizen, can be credited with 40 quarters of work, permanently leaves the United States, or passes away.

Failure to meet these responsibilities can result in legal consequences for the sponsor, such as:

  • Debt Recovery: Government agencies can initiate legal action to recover the cost of benefits provided to the immigrant.
  • Credit Impact: A sponsor’s credit score can be affected if they fail to fulfill the support obligations and a judgment is obtained.

Here is a breakdown of when the sponsorship obligation ends:

Event Termination of Sponsor’s Obligation
Naturalization Yes
Work Credits (40 Quarters) Yes
Permanent Departure from US Yes
Death of Immigrant or Sponsor Yes

These legal ramifications underscore the importance of understanding and being prepared to fulfill the obligations of Form I-864P before signing the Affidavit of Support.

Application Process

When an individual sponsors an immigrant for a U.S. green card, Form I-864, known as the Affidavit of Support, is typically required during the application process. In this context, the USCIS Form I-864P, which isn’t a form to be submitted but a guideline document, plays an important role.

To begin the application process, the sponsor must:

  1. Determine Eligibility: They need to review the most current HHS Poverty Guidelines to ascertain if their income level meets the necessary threshold to sponsor an immigrant. The guidelines vary depending on household size and are updated annually.
  2. Collect Financial Documents: Supporting financial evidence such as tax returns, W-2 forms, and pay stubs will be needed to demonstrate the sponsor’s income level.
  3. Complete Form I-864: After verifying that their income is sufficient, they proceed to fill out Form I-864. The sponsor must provide detailed information about their financial resources and accept the legal responsibility to support the intended immigrant.
  4. Compile Supporting Documents: With the form, required supporting documents, including the proof of income and citizenship or permanent residency, should be collected.
  5. Submit the Form: The completed Form I-864, alongside the necessary attachments, must be submitted to the USCIS as part of the beneficiary’s visa application or adjustment of status application.
  6. Await USCIS Decision: After submission, the sponsor awaits a response from the USCIS regarding the acceptability of their affidavit.

It is crucial to follow all provided instructions and ensure the Form I-864 is signed and dated. Any inaccuracies or missing information can delay the process. The role of Form I-864P is solely to guide the sponsors through the financial eligibility phase.

Common Questions

What is Form I-864P?2024-01-01T12:58:02+00:00

Form I-864P, known as the Affidavit of Support, is a legal document in which a sponsor commits to financially support an immigrant seeking to become a permanent resident in the United States.

Who needs to use Form I-864P?2024-01-01T12:58:26+00:00

Individuals who are sponsoring an immigrant to become a lawful permanent resident in the United States must use Form I-864P to show they meet the income requirements to provide support.

What are the income requirements for a sponsor?2024-01-01T12:59:57+00:00

The U.S. Department of Health and Human Services (HHS) publishes poverty guidelines that sponsors must meet or exceed. These guidelines vary by household size and are updated annually.

Household Size Minimum Income Required
1 $XX,XXX
2 $XX,XXX
Additional person Add $X,XXX

Note: The above table is illustrative. Exact figures are subject to annual updates.

What is included in a household size for Form I-864P?2024-01-01T13:00:20+00:00

A sponsor’s household size includes:

  • Their spouse
  • Any dependent children
  • Any other dependents claimed on their tax return
Are there any public benefits that affect eligibility?2024-01-01T13:00:46+00:00

Sponsors are not affected by receiving means-tested public benefits when applying for Form I-864P, as eligibility relies on income levels and not on public assistance received.

Additional Resources

When individuals are working with the Form I-864P, which is the HHS Poverty Guidelines for Affidavit of Support, they often need additional resources to guide them through the process. Here are several authoritative resources that can be extremely helpful.

US Citizenship and Immigration Services (USCIS):

Legal Assistance:

  • Immigration Lawyers: Lawyers specializing in immigration law can provide legal advice and guidance specific to an individual’s case. They can assist with filling out the forms correctly and navigating the requirements.
  • Non-Profit Organizations: There are non-profit groups that offer support and resources to immigrants, including assistance with forms like the I-864P.

Educational Materials:

  • Guidelines Overview: For a brief review of what the I-864P involves, entities like USCIS Guide provide a summary of the poverty guidelines and their purpose.

Remember that the guidelines are typically updated annually, so one should review the most current version when completing immigration forms. These resources are not exhaustive but serve as a starting point for individuals seeking assistance with the Affidavit of Support process.

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