2009 Poverty Guidelines Released
Posted Jan 30, 2009
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The Department of Health and Human Services (HHS) issues federal poverty guidelines annually. The 2009 guidelines have been published, and became effective as of the date of publication, January 23, 2009. The guidelines are determined each year, based upon the Consumer Price Index. These guidelines are important in the immigration context with respect to the "public charge" provisions. The guidelines are utilized to measure the sufficiency the income relied upon when filing a Form I-864, Affidavit of Support.
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Affidavit of Support
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The I-864, Affidavit of Support is required in almost all family-based immigration cases. It is also required in some employment-based immigration cases. Its purpose is to assure that the sponsored foreign national has sufficient financial support and will not become a burden, or a "public charge" of the U.S. government.
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Required Income
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The affidavit of support must demonstrate income levels of at least 125 percent of the applicable poverty level. The amount of income under the poverty guidelines varies according to the number of family members. If the sponsor has previously filed I-864s for other individuals, and has an ongoing obligation, this is also taken into account. If the sponsor's income is not sufficient, there can be alternatives. These include consideration of assets, as well as utilizing an additional joint sponsor who has more financial wherewithal. Case-specific issues regarding affidavit of support requirements should be discussed with an immigration attorney.
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The 2009 poverty guidelines are as follows. The requirement for the affidavit of support is 125 percent of the poverty line. Thus, to calculate the amount, the following numbers must be multiplied by 1.25.

48 Contiguous States plus Washington DC
Size of Family Unit	Guideline
1	$	10,830
2		14,570
3		18,310
4		22,050
5		25,790
6		29,530
7		33,270
8		37,010
For family units with more than 8 members, add $3,740 for each additional member.

Alaska
Size of Family Unit	Guideline
1	$	13,530
2		18,210
3		22,890
4		27,570
5		32,250
6		36,930
7		41,610
8		46,290
For family units with more than 8 members, add $4,680 for each additional member.

Hawaii
Size of Family Unit	Guideline
1	$	12,460
2		16,760
3		21,060
4		25,360
5		29,660
6		33,960
7		38,260
8		42,560
For family units with more than 8 members, add $4,300 for each additional member.