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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

2009 Poverty Guidelines for Immigrant Visa Processing


R 260035Z FEB 09
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE
AMEMBASSY TRIPOLI

UNCLAS STATE 017760

E.O. 12958: N/A
TAGS: CVIS
SUBJECT: 2009 POVERTY GUIDELINES FOR IMMIGRANT VISA PROCESSING

1.  On January 23, 2009, the Department of Health and Human Services (HHS) published its annual update of the Poverty Guidelines, taking into account the last calendar year's increase in prices as measured by the Consumer Price Index.  Posts should begin using these new guidelines in calculating levels of income and assets that immigrant visa petitioners and joint sponsors must demonstrate on Forms I-864 or Forms I-864EZ Affidavit of Support submitted on or after March 1, 2009.  In cases in which the sponsor filed the Form I-864 prior to March 1, use guidelines that were in effect at the time of submission.

2.  2009 Poverty Guidelines for the 48 Contiguous States and the District of Columbia:

Size of Family Unit Poverty Guidelines 125% of Poverty Guidelines
1 $10,830    $13,538
2 14,570 18,213
3 18,310 22,888
4 22,050 27,563
5 25,790 32,238
6 29,530 36,913
7 33,270 41,588
8 37,010 46,263

For family units with more than 8 members, add $3,740, for each additional person to meet the poverty guidelines; $4,675 to meet 125% of the poverty guidelines.

3.  2009 Poverty Guidelines for Alaska:

Size of Family Unit Poverty Guidelines 125% of Poverty Guidelines
1 $13,530 $16,913
2 18,210 22,763
3 22,890 28,613
4 27,570 34,463
5 32,250 40,313
6 36,930 46,163
7 41,610 52,013
8 46,290 57,863

For families with more than 8 persons, add $4,680 for each additional family member to meet the poverty guidelines; $5,850 to meet 125 percent of the poverty guidelines.

4.  2009 Poverty Guidelines for Hawaii:

Size of Family Unit Poverty Guidelines 125% of Poverty Guidelines
1 $12,460 $15,575
2 16,760 20,950
3 21,060 26,325
4 25,360 31,700
5 29,660 37,075
6 33,960 42,450
7 38,260 47,825
8 42,560 53,200

Add $4,300 for each additional family member to meet the poverty guidelines; $5,375 to meet 125 percent of the poverty guidelines.

5.  When processing immigrant visa cases subject to the Affidavit of Support (I-864) requirement under INA 212(a)(4)(C), posts must use the figures in the column on the right side (125 percent of poverty guidelines) as the minimum income that a petitioner and/or a joint sponsor must demonstrate, or the column on the left (100 percent) for an active member of the U.S. Armed Forces sponsoring his or her spouse or children.

6.  9 FAM 40.41 Exhibit I will be updated to reflect the new guidelines.

CLINTON



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