Need help on I-864 for I-485

[visacheck 3]

Before i ask questions, i will explain my scenario/situation first:

My USC wife alredy filed form I-130. I (B1/B2 visa) will be filing for AOS I-485 as soon as i get the receipt notice of I-130. I understand that an affidavit of support I-864 is required when filing for I-485. Here now is the tricky part... there are three of us in the family, my wife (USC), our baby (USC) and me (B1/B2 visa). Based on the poverty guidelines, the sponsor needs to be earning around $22,000 a year for a household size of 3 in order to be eligible to be a sponsor. My wife makes more than that so that means she is eligible. The thing is... we live with my wife's relatives (aunt, her spouse and another uncle). That would now make the household size 6. My wife will not be able to make the income requirement for household of 6. We now need form I-864A, contract between sponsor and household member.

instructions on how to count household size says it includes sponsor/petitioner, spouse, dependent children under 21, any other dependents listed on the federal income tax return and persons being sponsored regardless where they live. it also says if necessary to meet income requirements to be a sponsor we may include additional relatives (adult children, parents or siblings) as long as they have the same principle residence. it didnt mention aunt and uncle. we are living with my wife's aunt and uncles who are also not dependents listed on her federal tax return. my wife's aunt owns the house by the way. i dont see any category on form I-864 or I-864A that would make my wifes aunt eligible to be a sponsor.

My questions now are:

1. Do we still include them on household size which would make us 6 or just me, my wife and baby which would make household size 3?

2. If we include them, will her aunt be eligible to be the sponsoring household member even if there is no category for aunts and uncles?

3. instead of being the sponsoring household member (I-864A) will the aunt be eligible to be a joint sponsor I-864 (even if my wife meets the income requirement of 125%) ?

4. If the petitioner earns equal or greater than the 125% poverty guideline based on the household size, will that be enough to sponsor an applying immigrant or a joint sponsor still needed?

i hope i didnt forget anything.

urgent response on this matter will be highly appreciated. thanks

[richmondhill 0]

I don't think you should include them because they are not listed as dependent on your tax returns. For all you know you could be renting a room in their house and have your own happy life

[visacheck 3]

thanks for the quick reply and congratulations on your approved AOS!

[visacheck 3]

my usc wife filed a petition for me and i will be filing for AOS soon, she has only been working for 8 months and it is her first job. her w2 will not show that she can meet the 125% requirement to be eligible coz she has only been working 8 months. will certificate of employment be enough to prove that she will earn more than the 125% yearly income requirement?

[visacheck 3]

up

[visacheck 3]

kabayan any advise?

[Bobby+Umit 161]

my usc wife filed a petition for me and i will be filing for AOS soon, she has only been working for 8 months and it is her first job. her w2 will not show that she can meet the 125% requirement to be eligible coz she has only been working 8 months. will certificate of employment be enough to prove that she will earn more than the 125% yearly income requirement?

Should be good enough, the USCIS can add you know

[sasaqlain 24]

Atleast the last years tax returns need to be shown if not the last three years. Alongwith 3 month pay stubs. Since I filed recently, I had to thoroughly research for the I-864. You could try sending it without the Tax returns copy but either get the package back or get RFE(Request for Evidence). To your question earlier..... The aunts and uncles or nephews are not depentants of your Wife. They should not be included when counting the household size.

[Bobby+Umit 161]

Before i ask questions, i will explain my scenario/situation first:

My questions now are:

1. Do we still include them on household size which would make us 6 or just me, my wife and baby which would make household size 3?

If you are not financially responsible for them, you do not count them.

2. If we include them, will her aunt be eligible to be the sponsoring household member even if there is no category for aunts and uncles?

Anyone can be a sponsor. As long as they meet the income requirements

3. instead of being the sponsoring household member (I-864A) will the aunt be eligible to be a joint sponsor I-864 (even if my wife meets the income requirement of 125%) ?

If your wife meets the requirements, you do not need another co-sponsor. The rule is, if you make the 125%, your good to go.

4. If the petitioner earns equal or greater than the 125% poverty guideline based on the household size, will that be enough to sponsor an applying immigrant or a joint sponsor still needed?

See above. (3)

i hope i didnt forget anything.

urgent response on this matter will be highly appreciated. thanks

This is what the instructions say:

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 affidavit of support whom you are still obligated to support. If necessary to meet the income requirements to be asponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise to use their income and resources in support of the intending immigrant(s).

Edited March 3, 2009 by Bobby_Umit