I-864 verification

[Joey559 1]

I'm just thinking ahead here and wanted a quick clarification:

We're going thru London for our K1. Using the I-134 I currently make enough money to sponsor my fiance, though he also has enough assets to self sponsor. When it comes time to Adjust status, however, I'm not sure if I meet the requirements for the I-864. We are going to live with my mother until he can work and we can purchase our own home as we don't see the point of renting when mom's is free and still fun.

In the I-134 I seem to make enough as I have no dependents so I just have to count the two of us.

In the I-864, however, is it correct to say they make you count EVERYONE living in the same residence as you? My mother and sister are definitely not my dependents, but we all live there. Do I therefore have to make 125% above poverty line for 4 people not 2?

If anyone can let me know if I've got that right, I'd appreciate it.

Thank you!

Joey

[Leasel7 1]

Just taking a look at the I-864 I recently filled out for the AOS package mailed out yesterday....page 2, part 4B (Sponsor's Household Size) asks you to list

1. Number of persons (related to you by birth, marriage, or adoption) living in your residence, including yourself. (

Do not include persons being sponsored in this affidavit

.)

But since the subject is the Sponsor's household size, not your mother's, I should think you would only list yourself here, and then your (soon to be) husband under number 2 (Number of immigrants being sponsored in this affidavit), for a grand total of 2 people in your household, not 4. Besides which, your mother's house is her residence, not yours. If it would make you feel better, you could attach an explanation of the living arrangement to the I-864 explaining that you will be living in the same dwelling as your mother and sister, but they are not dependent on you.

That's my 2 cents, anyway. If I am wrong, I'm sure someone will come along and correct me!

Using the I-134 I currently make enough money to sponsor my fiance, though he also has enough assets to self sponsor.

Also....refer to page 4, part 5 of the I-864 --

The sponsored immigrant's assets may also be used in support of your ability to maintain income at or above 125 percent of the poverty line

if

the assets are or will be available in the United States for the support of the sponsored immigrant(s) and can readily be converted into cash within 1 year.

[Joey559 1]

Ah, ok thank you. Whew

My mom didn't think I had to count her and my sister but I wanted to be 110% sure. I'm 26 and my sister is 28 and we both have fulltime jobs but my mom lives alone and likes having us there while she still can. I guess if I paid her rent they'd just considered it an apartment huh? My mom still lives in the big ol' house we grew up in and there's plenty of room for us to have our own area so it seems silly to pay rent when we could put that money toward a down payment on a house six months down the road.

Thanks again!

[zyggy 9]

Just taking a look at the I-864 I recently filled out for the AOS package mailed out yesterday....page 2, part 4B (Sponsor's Household Size) asks you to list

1. Number of persons (related to you by birth, marriage, or adoption) living in your residence, including yourself. (

Do not include persons being sponsored in this affidavit

.)

But since the subject is the Sponsor's household size, not your mother's, I should think you would only list yourself here, and then your (soon to be) husband under number 2 (Number of immigrants being sponsored in this affidavit), for a grand total of 2 people in your household, not 4. Besides which, your mother's house is her residence, not yours. If it would make you feel better, you could attach an explanation of the living arrangement to the I-864 explaining that you will be living in the same dwelling as your mother and sister, but they are not dependent on you.

That's my 2 cents, anyway. If I am wrong, I'm sure someone will come along and correct me!

Using the I-134 I currently make enough money to sponsor my fiance, though he also has enough assets to self sponsor.

Also....refer to page 4, part 5 of the I-864 --

The sponsored immigrant's assets may also be used in support of your ability to maintain income at or above 125 percent of the poverty line

if

the assets are or will be available in the United States for the support of the sponsored immigrant(s) and can readily be converted into cash within 1 year.

Ummm.. no...

THe questions menas what it says.. do not read extra into it or twist it to what you want it to mean... based on what it says and what the OP stated, his mother and sister definitely DO need to be counted. If that doesn't work for him then he either needs someone in the household to sign an I-864A with their tax information, or he needs to move out of his current residence...

Edited June 8, 2006 by zyggy

[Yodrak 7]

Joey,

Not everyone, only those people who are related to you by birth, marriage, or adoption.

In the situation that you describe, a total of 4 people is correct.

Yodrak

I'm just thinking ahead here and wanted a quick clarification:

...

In the I-864, however, is it correct to say they make you count EVERYONE living in the same residence as you? My mother and sister are definitely not my dependents, but we all live there. Do I therefore have to make 125% above poverty line for 4 people not 2?

If anyone can let me know if I've got that right, I'd appreciate it.

Thank you!

Joey

[Joey559 1]

Thank you to your both again for responding.

And thanks for clarification Yodrak. Even though it means a bit of extra paper work for a co-sponsor or a move to keep me as the sponsor, now I'll know how to deal with it and see it coming when we get to that point.

[Leasel7 1]

Joey,

I did some further research on the web, and all indications are that Yodrak and Zyggy are 100% right, whereas I made the fatal error of attempting to apply common sense to an immigration form.... IMHO it still makes no sense to count relatives who live in the same home but are financially independent of you as part of YOUR household for the purposes of the I-864. Especially when you are living in the financially independent relative's home rent free!

Nonetheless, you will have to deal with a household size of 4 if you and your (soon to be) husband live in your mother's house. So I guess you can either get your own place before applying for AOS or look at some other options, such as having one of the relatives living in your home fill out the I-864A and/or adding in your (soon to be) husband's assets:

http://www.uscis.gov/graphics/howdoi/affsupp.htm

If you cannot meet the minimum income requirements using your earned income, you have various options:

• You may add the cash value of your assets such as money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125 percent of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
  

Example for a household size of 4:

125 percent of 2006 poverty guideline $25,000

sponsor's income $19,500

Difference $5,500

Multiply by 5 x 5

Minimum Required Cash Value of Assets $27,500

• You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
  

• You may count the assets of the relatives you are sponsoring.
  

Anyway, good luck, and good thing you are thinking about these things early on so you won't get in a panic when it comes time to put together your AOS paperwork