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Affidavit Of Support - Frequently Asked Questions

19.

What does the requirement that the sponsor demonstrate the ability to maintain an income at 125 per cent of the poverty level mean?

Sponsors will be judged on their ability to support the immigrants they are sponsoring at 125 per cent of the poverty level for their household size based on the information they provide in the Affidavit of Support and accompanying documentation. This information must demonstrate that the sponsor and his or her household can reasonably be expected to maintain an income at or above the level required to provide for themselves and all immigrants they have sponsored or are sponsoring.

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20.

Does the petitioner have to file an Affidavit of Support if he or she cannot meet the income requirements and there is a joint sponsor?

Yes, the law requires that the petitioner must be a sponsor and file an Affidavit of Support, even if he or she cannot meet the income requirements. The petitioner remains fully liable, along with the joint sponsor, for any benefits the sponsored immigrant(s) may use. The ‘joint sponsor’ must file a separate Affidavit of Support.

21.

Who determines the poverty level?

The poverty level is recalculated and published annually for the Office of Management and Budget by the Department of Health and Human Services (HHS). The poverty level is increased by a set dollar amount based on the number of persons in the household. The poverty level guidelines are the same for the continental 48 States; separate levels are established for Hawaii and Alaska.

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