Affidavit of Support I-134

Frequently Asked Questions & Answers

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.

22. How is household size determined?

Household size for purposes of the INS Affidavit of Support includes the sponsor and anyone related to the sponsor by birth, marriage, or adoption living in the sponsor’s residence for at least six months, dependents listed on the sponsor’s Federal income tax return for the most recent tax year, immigrants previously sponsored on the new Affidavit of Support if the support obligation has not terminated, and the persons sponsored in the current Affidavit of Support (the principal immigrant and any accompanying spouse and/or children.)

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23. Does a sponsor need to show proof of current employment?

A sponsor is not required to be employed, so long as the sponsor’s income from sources other than employment, or the income of other qualifying persons in the household and/or assets are sufficient to reach or exceed the poverty line for the sponsor’s household size. However, it is anticipated that in most cases the sponsor will need to be employed and show proof of employment to meet the income requirements.

24. What types of evidence can be used to show current employment?

A recent pay stub for the most recent pay period or a letter from an employer including beginning date of employment, type of work performed, and wages or salary paid provide the best evidence of current employment.

25. What types of evidence can be used to show self-employment?

Self-employed persons can show evidence such as the self-employment schedules they filed with their income tax returns or financial records such as bank statements for their business accounts as proof of self-employment.