What If I lie about household size for affidavit of support????

[talie 0]

I have a problem. Unfortunately I cannot find someone with an income of 36 thousand dollars a year to be able to help me with the affidavit of support for my fiancé. I don’t make that amount and a lot of friends I know fall short with about 2 or 3 thousand dollars. I live in a household of 6 people including my fiancé once he starts living with me. But for a household of 6 your income must be 36 thousand a year. My questions is, Could I get caught if I leave a member out of the household size and just mention there’s only 5 living in my house including my fiancé. That would lower the income down to 32 thousand dollars a year and that way I could actually have someone sign the paperwork for the affidavit of support to help my fiancé. We had someone that would help us. But unfortunately this person is no longer available. I’m a little stressed we have made arrangements to leave to Juarez in a week and a half so I need to do something about it soon or else we won’t make it to his interview. Could I get caught if I do this????? Please help!!

[YuAndDan 153]

(C ) Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

http://travel.state.gov/visa/frvi/ineligib...Ineligibilities

LYING to get a visa can have dire consequences, MISREPRESENTATION is a hard and fast denial, very difficult if not impossible to overturn and this is discovered, the visa or future things like green-card, removal of conditions or citizenship can be denied based on Misrepresentation.

Note, you only count members of the household who are your dependents, that is any children that are YOUR children, you do not count your parents or siblings.

Moving this to consulate forum, you provide I-134 affidavit of support at the time of visa interview, NOT when filing the I-129F

Edited December 3, 2009 by YuAndDan

[Gary and Alla 3,694]

I have a problem. Unfortunately I cannot find someone with an income of 36 thousand dollars a year to be able to help me with the affidavit of support for my fiancé. I don’t make that amount and a lot of friends I know fall short with about 2 or 3 thousand dollars. I live in a household of 6 people including my fiancé once he starts living with me. But for a household of 6 your income must be 36 thousand a year. My questions is, Could I get caught if I leave a member out of the household size and just mention there’s only 5 living in my house including my fiancé. That would lower the income down to 32 thousand dollars a year and that way I could actually have someone sign the paperwork for the affidavit of support to help my fiancé. We had someone that would help us. But unfortunately this person is no longer available. I’m a little stressed we have made arrangements to leave to Juarez in a week and a half so I need to do something about it soon or else we won’t make it to his interview. Could I get caught if I do this????? Please help!!

Yes you can get caught. The visa will be denied and a ban imposed. Do not even think of this. Don't forget either, you have to do this TWICE, once again for the AOS and there is much greater chance of being caught at that point and YES they WILL deport your (then) husband.

[baron555 934]

I have a problem. Unfortunately I cannot find someone with an income of 36 thousand dollars a year to be able to help me with the affidavit of support for my fiancé. I don’t make that amount and a lot of friends I know fall short with about 2 or 3 thousand dollars. I live in a household of 6 people including my fiancé once he starts living with me. But for a household of 6 your income must be 36 thousand a year. My questions is, Could I get caught if I leave a member out of the household size and just mention there’s only 5 living in my house including my fiancé. That would lower the income down to 32 thousand dollars a year and that way I could actually have someone sign the paperwork for the affidavit of support to help my fiancé. We had someone that would help us. But unfortunately this person is no longer available. I’m a little stressed we have made arrangements to leave to Juarez in a week and a half so I need to do something about it soon or else we won’t make it to his interview. Could I get caught if I do this????? Please help!!

Get another job or stop the process and wait until you make more money.

Cheating is not allowed.

[talie 0]

Thanks for this information. I really do appreciate it. I knew I could get caught eventually and I would probably screw everything up. I’m confused now to why my lawyer told me I’d have to count everyone in my household then which would only be my mother and siblings. I don’t have any children, so does that mean I would only count myself and him??

[Maurice and Mila 0]

Thanks for this information. I really do appreciate it. I knew I could get caught eventually and I would probably screw everything up. I’m confused now to why my lawyer told me I’d have to count everyone in my household then which would only be my mother and siblings. I don’t have any children, so does that mean I would only count myself and him??

Just because you live in a house with your mother and siblings does not mean you count them as someone you are required to support.

[fpc95 0]

I have a problem. Unfortunately I cannot find someone with an income of 36 thousand dollars a year to be able to help me with the affidavit of support for my fiancé. I don’t make that amount and a lot of friends I know fall short with about 2 or 3 thousand dollars. I live in a household of 6 people including my fiancé once he starts living with me. But for a household of 6 your income must be 36 thousand a year. My questions is, Could I get caught if I leave a member out of the household size and just mention there’s only 5 living in my house including my fiancé. That would lower the income down to 32 thousand dollars a year and that way I could actually have someone sign the paperwork for the affidavit of support to help my fiancé. We had someone that would help us. But unfortunately this person is no longer available. I’m a little stressed we have made arrangements to leave to Juarez in a week and a half so I need to do something about it soon or else we won’t make it to his interview. Could I get caught if I do this????? Please help!!

I am not sure why they told you to count everyone in your home for this application. I think you are going to be just fine if you include just the people that are your dependents. Dependents are people you can claim on your tax forms and are solely or partially responsible for financially. I hope this brings some relief to you. Have a happy holiday season.

Chris

[iLoveAPolishGirl 0]

Exactly! Whatever dependants you declare on your federal income tax form is the dependents you must declare on your I-134.

dvc

[Penguin_ie 5,992]

Do you give a lot of money to your mother and siblings/ are you the only wage earner/ do you count them as dependants on your taxes? If yes, then you may have to count them in the household size. But if you just happen to live with your mother, but have your own income that is yours only- other than possibly paying rent- you only need to count yourself (and the immigrant fiance).

[iLoveAPolishGirl 0]

*I'm no lawyer, but.... my understanding is... *

If one VOLUNTARILY gives money to others, that does not make them legal dependants. Paying rent or contributing to the cost of running a household does not a legal dependant make.

Court-orders ... or other legal compulsions ... to pay support and/or those you declare on your income tax as dependants would have to be declared, but I don't believe anything else.

dvc

Edited December 4, 2009 by iLoveAPolishGirl

[Gary and Alla 3,694]

Thanks for this information. I really do appreciate it. I knew I could get caught eventually and I would probably screw everything up. I’m confused now to why my lawyer told me I’d have to count everyone in my household then which would only be my mother and siblings. I don’t have any children, so does that mean I would only count myself and him??

Your lawyer has not got a clue, you are surprised? He is there to take your money, not to help you. He has a successful case, I presume.

Unless your mother and siblings are claimed as your dependents by YOU on YOUR tax return, then you count only you and your fiance.

See if you can get your money back except for filling out the forms. I would think $12 ought to cover it.

Also when you post a question, be soecific. "Household of 6" is not specific. "I live with my mother and 5 siblings" is more correct and lets us answer correctly on the first try.

Edited December 4, 2009 by Gary and Alla

[john & jean 37]

here is another place for the lawyer lovers to jump in

ADD THIS TO THE MAJORITY OF THE LAWYER STORIES!!

[talie 0]

All this is really a relief to me everyone. Thank you so much for replying. I do not count any of my family members on my tax returns as dependents. I’m sorry for not being clear on the household size. It’s my mother, 3 siblings, me and my fiancé until we can find a place on our own. So in total we would be 6. I do contribute with money in the household but that is all. Lawyers are really useless other than being able to fill out your paperwork and not breaking your head over it. Every time I call in to ask for information straight from my lawyer I can never get through. That’s why I have to post here and get answers from you since you have been through the process and seem to know more than my lawyer. I will be calling my lawyer today and straightening this out. My fiancé has his interview in a week and a half and all this time I’ve been stressing out about this affidavit of support when I could have just done this myself. Wish us luck! I would like to have him here for Christmas =) Thank you all very much. Your information is appreciated.

[talie 0]

I just happened to read this. There’s a lot of different information out there and it is confusing.

If you were living on your own, you would count yourself and your wife as your household members. You would then get a joint sponsor and they would list their household members (spouse, dependents living with them, and your wife also) to determine their size. Because you both have the same address however, you count your mom and dad along with yourself and your wife to come up with a household size of FOUR. Because you all live in the same household, then YOU file the I-864 as the petitioning sponsor, but instead of having your parents file another I-864 (which is what you would have to do if you live seperately) you have them fill out an I-864A...saying that as members of your household they are willing to have their income counted to meet the requirements. If both their incomes will be used to meet the guidelines, then they both have to fill out a form. If I were you, since they are handy to you and it is simple to get their documentation and signatures, I would have them both fill out a form just to be sure even if one of them makes enough to meet the guidelines.

I still agree with what you all have said but this is from someone else I read a post on.

[Ivylizih 0]

Don't freak out! You only need to include yourself and your fiance as the household members as long as you don't have any other dependents on your tax return. That's what I did for my husband's affidavit of support. I was instructed to do so by my lawyer and it's also stated on the affidavit of support instructions. Good luck with everything. Hope you can have your sweetie with you for the holidays.