USCIS Issues 2024 Poverty Guidelines: Raises Required Income Level for Family Sponsors of Immigrants (2024)

The U.S. government recently published its 2024 Poverty Guidelines. These figures, which are updated annually, are critically important to any U.S. citizen or lawful permanent resident who is sponsoring a family member (perhaps a spouse, parent, child, brother, or sister) for U.S. lawful permanent residence (a U.S. green card). They can also be relevant to U.S. citizens or residents petitioning for K-1 fiancés or wishing to offer support to another temporary visitor on a nonimmigrant visa.

The legal purpose of either affidavit is to prove that, according to the numbers set forth within the U.S. Poverty Guidelines, the U.S. sponsor's household income and/or assets are high enough to support the immigrating family members or visa applicants at a certain level, after taking into account anyone already living with or dependent on the U.S. sponsor.

The exact amount is set at 125% or more of the U.S. poverty line levels for immigrants, and 100% of these levels for K-1 visa and other nonimmigrant visa applicants. The amount the U.S. sponsor must show also goes down to 100% for members of the U.S. Armed Forces.

Why Is It Important for a U.S. Petitioner of an Immigrant to Prove Income?

As part of the immigration application process, the U.S. petitioner of a family member will almost always need to fill out a form called an Affidavit of Support on USCIS Form I-864. Also, some U.S. petitioners (for K-1 fiancés or visitors, mostly) are asked to or choose to use a less demanding affidavit, the I-134. (See Tips on Filling Out Form I-134 for the K-1 Fiancé Visa and Filling Out Form I-134 Affidavit of Support to Help a U.S. Visa Applicant.)

The general rationale for the Affidavit of Support requirement is to ensure that the immigrating person will not become a financial burden on the United States.

In the case of family immigrants, the law specifically requires them to show that they won't need to rely on means-based public assistance (often referred to as welfare) while living in the United States, based on their petitioner's income. Prospective family-based immigrants who are viewed as likely to become a "public charge" are considered legally inadmissible to the United States, and will be denied admission. In other words, they will not receive an immigrant visa or green card despite the qualifying family relationship.

Where Do I Find the Latest U.S. Poverty Guidelines for Immigrants?

To view and download the latest Poverty Guidelines, go to the I-864P page of the USCIS website. Be sure to look at the correct table for your region; there are separate tables for people living in Alaska and Hawaii.

As normally occurs, increases in the U.S. cost of living led to the Poverty Guidelines amounts being raised in 2024. You can see the exact amounts in the USCIS chart, reproduced below.

So, for instance, while in 2023 a U.S. petitioner supporting a family of 4 (perhaps the U.S. petitioner, a spouse, and two children) would have had to show an income of $37,500, for 2024 the amount required is a bit higher, at $39,000. For a household of 2 (such as a U.S. citizen sponsoring a spouse, individual child, or one parent), the amount has gone from $24,650 to $25,550. For a family of 8, get ready to prove $69,500 in income or assets. For even larger families, the amount goes up by $6,725 for every additional mouth to feed.

USCIS Poverty Guidelines Chart for 2024

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

For Alaska

For Hawaii

What Kind of Obligation Does the U.S. Petitioner Take on by Promising Their Income Can Be Used by the Immigrant or Foreign Visitor?

In filling out and signing Form I-864, the U.S. citizen or lawful permanent resident petitioner is entering into a contractual obligation with the U.S. government. The sponsor is agreeing to either support the immigrant (for approximately ten years or until one of various events occurs, such as the immigrant's death) or to pay back any and all U.S. government agencies that supply the immigrant with financial or related need-based assistance during the time the Affidavit is in effect. The government agencies can literally request this money from the U.S. petitioner and sue if they don't come up with it.

The I-134 is considered less legally binding. Still, you'd want to use caution in signing one.

What If the Petitioner's Income Isn't High Enough?

Don't give up if the Poverty Guidelines numbers look impossibly high. There are alternative ways to prove financial capacity, as described in Strategies When an Immigrant's Sponsor's Income and Assets Are Too Low.

For More Information

For more information on the petitioner's role as financial sponsor, see articles on The U.S. Sponsor's Financial Responsibilities. And if you're finding this issue challenging, consider consulting with or hiring an experienced immigration attorney to handle your family visa case.