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Family ImmigrationUnited StatesUpdated: May 8, 202614 min read

2026 HHS Poverty Guidelines for Affidavit of Support: Source-Backed I-864 Guide

How sponsors should use the Federal Register 2026 HHS poverty figures with USCIS Form I-864, Form I-864P, household size, tax evidence, joint sponsor, I-864A, assets, fee, and obligation checks

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Reviewed for document-preparation scope: General information only. Not legal advice.

Contents

  • What the 2026 HHS Guidelines Answer
  • 2026 HHS Poverty Guideline Table for I-864 Planning
  • Why USCIS Form I-864P Still Matters
  • Household Size Drives the Income Number
  • Tax Evidence and Current Income
  • Joint Sponsors, I-864A, and Assets
  • Sponsor Obligation Boundaries
  • Filing-Day Source Checklist
  • FAQs

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Quick Answer

For the 48 contiguous states and the District of Columbia, the 2026 HHS poverty guideline is $21,640 for household size 2, and the 125 percent planning figure is $27,050. Most Form I-864 sponsors plan around 125 percent of the poverty guideline, while some active-duty military sponsors petitioning for a spouse or child use the 100 percent line. Sponsors should still check USCIS Form I-864P, the current Form I-864 instructions, filing channel, fees, household size, tax evidence, joint sponsor, I-864A, asset, and obligation rules on the filing day.

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Reviewed for document-preparation scope

SoCal Immigration Services

General information only. Not legal advice.

This national guide is built for families who need one reliable place to understand the 2026 HHS poverty guideline numbers and the USCIS affidavit-of-support filing checks around them. The goal is to separate source-backed planning figures from unsupported timing shortcuts, copied asset ratios, and outdated call-only snippets.

What the 2026 HHS Guidelines Answer

HHS publishes annual poverty guidelines in the Federal Register. For affidavit-of-support work, those figures help sponsors estimate whether income may satisfy Form I-864. HHS does not replace USCIS Form I-864, Form I-864P, or the USCIS instructions that tell immigration sponsors how to document the filing.
QuestionSource-Backed Answer
Who publishes the poverty guideline figures?The Department of Health and Human Services publishes them in the Federal Register.
What does Form I-864 do?USCIS describes Form I-864 as a legally enforceable affidavit-of-support contract under INA section 213A.
What does Form I-864P do?USCIS uses Form I-864P as the poverty-guideline reference for affidavit-of-support filing.
Which number do most sponsors plan around?Most sponsors use 125 percent of the poverty guideline for the relevant household size.
What should be checked before signing?Form edition, instructions, fee posture, household size, tax evidence, I-864P, joint sponsor, I-864A, assets, and obligation rules.

2026 HHS Poverty Guideline Table for I-864 Planning

The table below uses the 2026 Federal Register HHS figures for the 48 contiguous states and the District of Columbia. California sponsors fall in this table for planning purposes. The right column is a planning figure at 125 percent, not a substitute for checking the current USCIS Form I-864P page before filing.
Household Size2026 HHS GuidelinePlanning Figure at 125 PercentFiling Caution
2$21,640$27,050Check USCIS Form I-864P on the filing day.
3$27,320$34,150Confirm household size and derivative applicants.
4$33,000$41,250Match the current USCIS instructions.
5$38,680$48,350Review tax and current-income proof.
6$44,360$55,450Check whether I-864A or a joint sponsor is needed.
7$50,040$62,550Document every person counted.
8$55,720$69,650For each added person, HHS adds $5,680 at 100 percent and $7,100 at 125 percent.

Why USCIS Form I-864P Still Matters

The Federal Register notice and the USCIS Form I-864P page answer different questions. HHS publishes poverty guideline figures. USCIS tells sponsors how to use those figures in an affidavit-of-support filing. A clean filing record preserves both source checks.
  • •Use the Federal Register notice to identify the 2026 HHS poverty guideline base figures.
  • •Use USCIS Form I-864P to confirm the affidavit-of-support poverty table used for filing.
  • •Use Form I-864 instructions for sponsor, domicile, signature, tax evidence, household-size, and supporting-document rules.
  • •Use the USCIS Fee Schedule when the affidavit is filed with USCIS.
  • •Avoid relying on a copied number if USCIS posts a newer Form I-864P page before the package is submitted.
  • •Save a copy or citation of the source version used when the filing package is assembled.

Household Size Drives the Income Number

A sponsor cannot choose the right poverty-guideline line until household size is correct. Household size under Form I-864 is a legal calculation, not just a count of people living in the same home. The current form instructions should guide the worksheet.
  1. 1
    Count the sponsor

    The sponsor is always part of the household-size analysis and must meet sponsor requirements.

  2. 2
    Review spouse and dependents

    Use the current form instructions and tax return to identify spouse and dependent count.

  3. 3
    Count sponsored immigrants

    Include the principal immigrant and derivative applicants when they are part of the same affidavit-of-support review.

  4. 4
    Check earlier I-864 obligations

    A previously sponsored immigrant may still affect the household-size or obligation analysis until a terminating event applies.

  5. 5
    Keep a worksheet

    Preserve the household-size math with the filing-day Form I-864 and I-864P source checks.

Tax Evidence and Current Income

USCIS Form I-864 guidance places weight on federal tax records and supporting documentation. Current income can matter, but the evidence should connect the tax return, employment, pay records, self-employment records, or benefits evidence to the sponsor income claimed on the form.
  • •Include the most recent federal income tax return or a source-backed explanation if no return was required.
  • •Use W-2, 1099, schedules, or other reported-income evidence when applicable.
  • •Use recent pay statements or employer letters when current employment income is part of the filing strategy.
  • •For self-employment, tie current business records to the tax return and net-income claim.
  • •Translate non-English documents with a complete certified English translation.
  • •Do not rely on bank deposits alone unless the current instructions support the income theory and the record explains the source.

Joint Sponsors, I-864A, and Assets

When income alone does not satisfy the requirement, the next question is not one-size-fits-all. The current USCIS instructions control whether a joint sponsor, household-member income through Form I-864A, immigrant income, or assets can be used and how each item must be documented.
OptionFiling-Day Check
Joint sponsorMust independently meet sponsor requirements and the income requirement for the relevant household.
Household member incomeOften requires Form I-864A when the household member accepts responsibility.
Immigrant incomeCheck whether the income can continue from the same source under current instructions.
AssetsDocument ownership, location, value, availability, and liens or liabilities.
Substitute sponsorOnly applies in specific death-of-petitioner situations under USCIS rules.

Sponsor Obligation Boundaries

USCIS and 8 CFR Part 213a treat the affidavit of support as legally enforceable. The responsibility usually lasts until the sponsored immigrant becomes a U.S. citizen or is credited with 40 quarters of work. Other terminating events and enforcement questions should be checked against the current official sources before a sponsor signs.
  • •The I-864 obligation is a serious financial-support commitment under INA section 213A.
  • •A joint sponsor signs a separate affidavit and accepts separate responsibility.
  • •A household member who signs I-864A accepts contract responsibility tied to that filing.
  • •Divorce alone should not be treated as ending an I-864 obligation for a sponsored spouse.
  • •Death, citizenship, qualifying work quarters, and permanent departure issues need source-specific review.
  • •A sponsor should understand the obligation before signing the form.

Filing-Day Source Checklist

The cleanest way to use the 2026 HHS poverty guidelines is to build a filing-day source checklist. That keeps the package current, citation-ready, and easier to defend if USCIS asks for updated evidence.
  • •Check the current Form I-864 edition and instructions.
  • •Check USCIS Form I-864P for the current affidavit-of-support poverty table.
  • •Check the filing channel and the USCIS Fee Schedule when filing with USCIS.
  • •Confirm household size before choosing the poverty-guideline row.
  • •Review tax returns, W-2s, 1099s, schedules, current income proof, and asset proof.
  • •Confirm whether a joint sponsor, household member Form I-864A, or substitute sponsor is part of the strategy.

FAQFrequently Asked Questions

Q:What is the 2026 HHS poverty guideline for a household of 2?

A: For the 48 contiguous states and the District of Columbia, the 2026 HHS poverty guideline is $21,640 for household size 2. A 125 percent planning figure is $27,050, but sponsors should still check USCIS Form I-864P before filing.

Q:Does every I-864 sponsor use 125 percent of the poverty guideline?

A: Most sponsors plan around 125 percent of the poverty guideline. Some active-duty military sponsors petitioning for a spouse or child use the 100 percent line, so the sponsor should check the current Form I-864 and Form I-864P instructions.

Q:Why should I check USCIS Form I-864P if I already have the HHS table?

A: HHS publishes the poverty guideline figures, while USCIS publishes the Form I-864P affidavit-of-support poverty guideline page used in immigration filing. A source-backed filing should preserve the USCIS I-864P check.

Q:Can a joint sponsor solve an I-864 income shortfall?

A: A joint sponsor may help if that person meets the sponsor requirements and independently satisfies the income requirement for the relevant household. The joint sponsor files a separate Form I-864 and accepts financial responsibility.

Q:When is Form I-864A used?

A: Form I-864A is generally used when a qualifying household member contributes income or assets and accepts contract responsibility. The relationship, residence, evidence, and current instructions should be checked before using it.

Q:How long does the I-864 obligation last?

A: USCIS says responsibility usually lasts until the sponsored immigrant becomes a U.S. citizen or is credited with 40 quarters of work. Other ending events and enforcement issues should be checked against USCIS guidance, 8 CFR Part 213a, and the form instructions.

Official Sources

  • Federal Register, 2026 HHS poverty guidelines
  • USCIS Form I-864, Affidavit of Support
  • USCIS Form I-864P poverty guidelines page
  • USCIS Affidavit of Support
  • USCIS Policy Manual, Affidavit of Support Under Section 213A of the INA
  • USCIS Fee Schedule
  • 8 CFR Part 213a, Affidavits of Support on Behalf of Immigrants
  • USCIS Form I-864A, Contract Between Sponsor and Household Member
Disclaimer: This article provides general information about immigration services in United States and does not constitute legal advice. SoCal Immigration Services is a document preparation company, not a law firm. For legal advice specific to your situation, please consult with a licensed immigration attorney.
Published: May 8, 2026Last Updated: May 8, 2026

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