Affidavit of Support

[lovelybb 0]

My fiance I129F has been approved (I live in the US and he lives in Italy) and i know that i might have to submit an Affidavit of Support Now i saw the poverty guideline 125%
2------$19,387
3------$24,412
4------$29,437
I leave with my mom and my sister
Do i need to count them in my household, even though i do everything by myself and pay my own bills?
I don't have any kids and I'm not responsible for anyone but my fiance when he gets here.
Counting that i have to add my fiance plus me ( total of 2 people) I would meet the minimum but if i have to add my mom and sister i will not even come close to reaching the 125% poverty guideline
What would i need to do to not to put them on the Affidavit?

If this make a difference last year my mom claimed me on her income tax. For my benefit would it be better to claim independent this year?. I don't know if this would help my case.

FYI i called USCIS and they told me that they can't give their opinion or tell me what to put on the paper.

[aleful 1,905]

hi

if they aren't dependent on your taxes then no. it would be a household of 2

[MFC87 2]

My fiance I129F has been approved (I live in the US and he lives in Italy) and i know that i might have to submit an Affidavit of Support Now i saw the poverty guideline 125%

2------$19,387

3------$24,412

4------$29,437

I leave with my mom and my sister

Do i need to count them in my household, even though i do everything by myself and pay my own bills?

I don't have any kids and I'm not responsible for anyone but my fiance when he gets here.

Counting that i have to add my fiance plus me ( total of 2 people) I would meet the minimum but if i have to add my mom and sister i will not even come close to reaching the 125% poverty guideline

What would i need to do to not to put them on the Affidavit?

If this make a difference last year my mom claimed me on her income tax. For my benefit would it be better to claim independent this year?. I don't know if this would help my case.

FYI i called USCIS and they told me that they can't give their opinion or tell me what to put on the paper.

You will have to submit affidavit when goes to the embassy so right now you have time. Make sure you file independent for this year. You are lucky we just entered 2014. Also, you will only need 100% for I-134. Once he comes here then you will need 125% on I-864.

[Umka36 781]

Just be aware that not all US embassies go by the 100% poverty level for the I-134 (except military service folks), some do use the 125% level.

[Zedayn 485]

Your household size would only be 2 (you and your fiance). You do not count your mom or your sister since they are not dependent on you for support. You will want to meet 125% of the poverty guidelines since most embassies follow this for a K-1 visa. The 100% requirement for the I-134 usually pertains to other non-immigrant visa types, not K visas.

[KayDeeCee 4,893]

There is no 'might have to submit an affidavit of support'. You definitely have to submit it. One now, the I-134 for the K-1 visa interview, and one later, the I-864, for when your newlywed spouse will file for adjustment of status. Your household size is 2. Household size is not based on sharing the same address.

How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ,

[lovelybb 0]

There is no 'might have to submit an affidavit of support'. You definitely have to submit it. One now, the I-134 for the K-1 visa interview, and one later, the I-864, for when your newlywed spouse will file for adjustment of status. Your household size is 2. Household size is not based on sharing the same address.

How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ,

[lovelybb 0]

what about the fact that my mother claimed me on her income tax last year? should I file independent this year?

[EndlessStory 53]

There is no 'might have to submit an affidavit of support'. You definitely have to submit it. One now, the I-134 for the K-1 visa interview, and one later, the I-864, for when your newlywed spouse will file for adjustment of status. Your household size is 2. Household size is not based on sharing the same address.

How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ,

I thought its the age of majority in that state? Can be 18 or 21? Not necessarily be 21?

what about the fact that my mother claimed me on her income tax last year? should I file independent this year?

Your mom claiming you as dependent will not affect your household size. It will only affect her household size if she wants to be co sponsoring. If your mom wants to co sponsor then she needs to be 125% above poverty for household size 3

Mom, you and your fiancé.

[KayDeeCee 4,893]

what about the fact that my mother claimed me on her income tax last year? should I file independent this year?

Your mother claimed you and not the other way around. So, if you currently earn enough income to meet the requirement for you and your fiance(e), then your household is 2, and no co-sponsor is needed. How you file your 2013 taxes is up to you. If she meets the IRS requirements to claim you on her taxes, then she can. Since you are about to get married though, you may want to start filing independently. Your taxes for 2014 next year will be married filing jointly.

I thought its the age of majority in that state? Can be 18 or 21? Not necessarily be 21?

Your mom claiming you as dependent will not affect your household size. It will only affect her household size if she wants to be co sponsoring. If your mom wants to co sponsor then she needs to be 125% above poverty for household size 3

Mom, you and your fiancé.

It is age of majority for your state. That quote is from the I-864 instructions and is just a general, overall basic statement about what constitutes household size. If you read all the instructions, you will come across all the fine details such as that one. The OP has no children, so that aspect did not pertain to his situation.

Also, if the mother was going to be a co-sponsor, her household size may or may not be 3. She claims the OP, so perhaps she also claims the sister. That would make 4. We do not have that information, since the OP meets the requirement for his household of 2, how many in the mother's household was not really asked about.

[lovelybb 0]

thank you guys for all your reponses. One last thing, do i have to send my income tax papers because i don't see anywhere on the I134 where it said it.