Poverty Guidelines for 2003
Posted Feb 14, 2003
On February 7, 2003, the U.S. Department of Health and Human Services (HHS) issued updated poverty level guidelines for 2003. The guidelines are effective as of that date. These guidelines are important in immigration law with respect to those cases requiring a Form I-864, Affidavit of Support.
When Does One Need to File Form I-864?
The Form I-864 is required in all family-based permanent immigration cases. It is submitted either to the INS in connection with an Application for Adjustment of Status or to the U.S. Consulate in connection with an Application for an Immigrant Visa. In addition to immigrant family cases, it is used at the U.S. consulates for the K-1, fiancée visa, as well as the K-3, spouse of U.S. citizen, which are essentially processed like immigrant visas.
The I-864 is used far less frequently in employment-based cases. It is only needed in employment-based cases when an owner of at least a 5% interest in the employer-sponsor is related to the beneficiary. Those relatives subject to the requirement are: spouses, parents, children, and siblings of the beneficiary. Aunts, uncles, cousins, and other more distant relatives are not included, regardless of their percentage of ownership in the sponsoring business.
What is the Purpose of Form I-864?
The purpose of the I-864 is to overcome the "public charge" provisions that render individuals inadmissible if they are likely to become a burden to the U.S. government. The form is required in all cases described above, even if the individual intends to be self-supporting. The required income level to overcome the public charge provisions is 125% of the poverty levels listed below. The poverty levels depend upon the number of persons in the household (Size of Family Unit), as well as where in the U.S. the household is located.
Poverty Guidelines for 2003 for the Various Jurisdictions :
Size of Family Unit Guideline 1 $
8,980 2 12,120 3 15,260 4 18,400 5 21,540 6 24,680 7 27,820 8 30,960 For family units with more than 8 members, add $3,140 for each additional member.
Size of Family Unit Guideline 1 $
11,210 2 15,140 3 19,070 4 23,000 5 26,930 6 30,860 7 34,790 8 38,720 For family units with more than 8 members, add $3,930 for each additional member.
Size of Family Unit Guideline 1 $
10,330 2 13,940 3 17,550 4 21,160 5 24,770 6 28,380 7 31,990 8 35,600 For family units with more than 8 members, add $3,610 for each additional member.
Use of Joint Sponsor
In some cases, the sponsoring relative will not have sufficient earnings to meet the 125% of poverty line level. This is particularly common with stay-at-home mothers or fathers who are sponsored by their spouses. It is also common if the sponsor is older and no longer working, or in the case of students or recent graduates. In instances such as these, it may be possible to meet the requirements through use of assets or a joint sponsor. There is more information regarding these alternatives in the instructions to Form I-864, as well as our archived MurthyBulletin article,
New Affidavit of Support (Form I-864), available on MurthyDotCom.
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