Affidavit of Support – 2016 Poverty Guidelines

May 01, 2016 News

By Attorney Gail Seeram

Under the current immigration laws, every person who migrates based on a family petition must have a financial sponsor. The law requires a sponsor to prove an income level at or above 125% (100% if active duty military personnel) of the federal poverty level.

The 2015 poverty guidelines are listed below. If your income does not meet the requirement, your assets such as checking and savings accounts, stocks, bonds, or property may be considered in determining your financial ability; however these assets value must be shown in a greater ratio.

Persons whom the U.S. Citizenship & Immigration Services (USCIS) has approved as self-petitioning widows or widowers or battered spouses and children are exempt from this requirement. Orphans adopted by American citizens abroad are also exempt from this requirement.

WHAT IS THE PURPOSE OF THE AFFIDAVIT OF SUPPORT?

The affidavit of support helps ensure that new immigrants will not need to rely on public benefits such as Food Stamps, Medicaid, Supplemental Security Income (SSI), and Temporary Assistance to Needy Families. If a person for whom you file an affidavit of support becomes a permanent resident and is later given certain public benefits, the agency that gave the benefits can require that you repay that money.

WHEN DOES MY FINANCIAL RESPONSIBILITY END?

An affidavit of support is enforceable against the sponsor until the person they sponsored either becomes a U.S. citizen, or is credited with 40 quarters of works in the U.S. (usually 10 years), or leaves the U.S. permanently, or passes away.

DO I NEED TO NOTIFY USCIS IF I MOVE?

If you financially sponsor someone, you are legally required to keep USCIS informed of your address until your financial responsibility ends. If you change your address, you will need to file a Form I-865, Sponsor’s Notice of Change of Address, within 30 days after the date you move.