household size

[AMHISHABIBATI 0]

I am currently on disability but i had the thought to just go back to work, without telling my doctor. If i did, i would not be able to prove 125% for I-864 for my family size which would be 5, i believe,..me my 3 kids, and my fiance...If my mom cosponsor wouldn't she just have to prove 125% of her household size..which is her, my brother, and my fiance which is 3. She can prove that easily.

or if she cosponsor would she have to add me to household size even though we live at separate residence?

5

[L179 1]

co sponsor can be in a different household, but then they would need to fill out I-864 as a primary sponsor where is I-864 A is for the same household

[karimcharleen 0]

I am currently on disability but i had the thought to just go back to work, without telling my doctor. If i did, i would not be able to prove 125% for I-864 for my family size which would be 5, i believe,..me my 3 kids, and my fiance...If my mom cosponsor wouldn't she just have to prove 125% of her household size..which is her, my brother, and my fiance which is 3. She can prove that easily.

or if she cosponsor would she have to add me to household size even though we live at separate residence?

if your mom co-sponsors, then she only need prove 125% for her household and those dependant on her and your fiance. you said it was your mom and your brother, so add your fiance and it makes 3 for your mom.

5

[AMHISHABIBATI 0]

Thanks sooooo soooo much...i am so tired of stressing about this issue, really(the things we do for love)

[AMHISHABIBATI 0]

co sponsor can be in a different household, but then they would need to fill out I-864 as a primary sponsor where is I-864 A is for the same household

thanks, i didn't know that about her having to fill out I-864 instead of I-864A glad i found out now before we sent in wrong form

[pushbrk 12,882]

Thanks sooooo soooo much...i am so tired of stressing about this issue, really(the things we do for love)

There's a distinct possibility an adjudicator would see the conflict between the stated number of dependents and the number on your mother's tax return. If I'm recalling correctly, your mother has been claiming your children on HER tax return. If I'm recalling incorrectly, never mind. Mom's household is three.

[AMHISHABIBATI 0]

Thanks sooooo soooo much...i am so tired of stressing about this issue, really(the things we do for love)

There's a distinct possibility an adjudicator would see the conflict between the stated number of dependents and the number on your mother's tax return. If I'm recalling correctly, your mother has been claiming your children on HER tax return. If I'm recalling incorrectly, never mind. Mom's household is three.

true pshbrk, but i did stay with my mom last year, and the year before, and i think that alone justifies that. Not the entire time, but i believe it was enough for her to have claimed them since i was in school and not working.

Next year, i will be claiming my kids.

[pushbrk 12,882]

Thanks sooooo soooo much...i am so tired of stressing about this issue, really(the things we do for love)

There's a distinct possibility an adjudicator would see the conflict between the stated number of dependents and the number on your mother's tax return. If I'm recalling correctly, your mother has been claiming your children on HER tax return. If I'm recalling incorrectly, never mind. Mom's household is three.

true pshbrk, but i did stay with my mom last year, and the year before, and i think that alone justifies that. Not the entire time, but i believe it was enough for her to have claimed them since i was in school and not working.

Next year, i will be claiming my kids.

Nothing wrong with what you did but I would expect the conflict to be noted. Your mother's claimed household size still won't match the tax returns she'll be submitting to evidence the income.

[Gary and Alla 3,694]

I am currently on disability but i had the thought to just go back to work, without telling my doctor. If i did, i would not be able to prove 125% for I-864 for my family size which would be 5, i believe,..me my 3 kids, and my fiance...If my mom cosponsor wouldn't she just have to prove 125% of her household size..which is her, my brother, and my fiance which is 3. She can prove that easily.

or if she cosponsor would she have to add me to household size even though we live at separate residence?

5

You have posted about this topic repeatedly. In a previous post you stated your mother claimed your children on her taxes. You cannot arbitrarily move people around to make it look how you like it to look. If your mother previously claimed your children she will have to claim them now, unless she has a good explaination why not. (they became 18 and moved out for example) You cannot just shift them to your responsibility. You CAN but then you need to wait until next year's tax return to prove this. You know what the situation is. If your mother claimed them on taxes, she must claim them now for the I-134. If that doesn't work for you, you need another co-sponsor.

[JimVaPhuong 4,863]

I am currently on disability but i had the thought to just go back to work, without telling my doctor. If i did, i would not be able to prove 125% for I-864 for my family size which would be 5, i believe,..me my 3 kids, and my fiance...If my mom cosponsor wouldn't she just have to prove 125% of her household size..which is her, my brother, and my fiance which is 3. She can prove that easily.

or if she cosponsor would she have to add me to household size even though we live at separate residence?

You previously said you had a co-sponsor lined up that was a friend of your fiance's, and he owned a business. That sounded like a good solution for your problem. Is that not going to work out now?

I know you're very sensitive about this subject, so understand that the following statements are from the perspective of the US government. I know you have every intention of meeting your obligations, and I'm not accusing you of anything. M'kay?

What the US government is looking for is a guarantee that your fiance is not going to end up on public assistance. The US government, and the taxpayers of the US, do not like having to financially support immigrants. Determining whether the guarantee is sufficient involves weighing the risks. Initially, the US consulate in the foreign country has the authority to make this decision. Once your fiance comes to the US and applies for legal status here, then USCIS will make the decision in a way that is more legally binding on the sponsor.

Ok, you are the primary US citizen sponsor, so you will have to submit an affidavit of support to the US consulate. Your income is not enough to provide the guarantee the US government wants. Not a problem, you just need a co-sponsor. Consider yourself lucky in this regard, as some consulates will almost never approve a visa when a co-sponsor is involved. My own fiancee is from one of those countries.

Your mother's income is adequate, but only if your children are not considered as her dependents. You have two problems with this. First, your mother claimed them as dependents on her tax return. In all likelihood, the consulate is not going to accept the stated household size of 3 because of this. Second, if they allow that your children are your dependents and not your mother's then that puts you WAY below the poverty line for a household of your size, and highly likely (in the governments view) that you're going to need assistance from somebody else. They might have a hard time believing that your mother can provide that assistance if she wouldn't be able to meet the minimum guidelines if those dependents were considered part of her own household. Do you see where the problem is here? You have someone with a low-income household acting as a co-sponsor for someone with a very low income household. It's going to be difficult for the consulate to believe you'll get by without needing government assistance.

Remember - this isn't a matter of just meeting some minimum magic threshold. The consular officer has wide latitude in making this determination. In some countries the consulate will rubber stamp any application where the minimum requirements are met. In other countries, especially where fraud or poverty are widespread, they're going to be a lot more critical.

You can't help the financial situation you're in. Life is what it is. However, you're in a position to select a co-sponsor that will either strengthen or weaken your case. That's why I thought your fiance's friend sounded like a better solution, presuming his net income from his business is good.

[Gary and Alla 3,694]

I am currently on disability but i had the thought to just go back to work, without telling my doctor. If i did, i would not be able to prove 125% for I-864 for my family size which would be 5, i believe,..me my 3 kids, and my fiance...If my mom cosponsor wouldn't she just have to prove 125% of her household size..which is her, my brother, and my fiance which is 3. She can prove that easily.

or if she cosponsor would she have to add me to household size even though we live at separate residence?

You previously said you had a co-sponsor lined up that was a friend of your fiance's, and he owned a business. That sounded like a good solution for your problem. Is that not going to work out now?

I know you're very sensitive about this subject, so understand that the following statements are from the perspective of the US government. I know you have every intention of meeting your obligations, and I'm not accusing you of anything. M'kay?

What the US government is looking for is a guarantee that your fiance is not going to end up on public assistance. The US government, and the taxpayers of the US, do not like having to financially support immigrants. Determining whether the guarantee is sufficient involves weighing the risks. Initially, the US consulate in the foreign country has the authority to make this decision. Once your fiance comes to the US and applies for legal status here, then USCIS will make the decision in a way that is more legally binding on the sponsor.

Ok, you are the primary US citizen sponsor, so you will have to submit an affidavit of support to the US consulate. Your income is not enough to provide the guarantee the US government wants. Not a problem, you just need a co-sponsor. Consider yourself lucky in this regard, as some consulates will almost never approve a visa when a co-sponsor is involved. My own fiancee is from one of those countries.

Your mother's income is adequate, but only if your children are not considered as her dependents. You have two problems with this. First, your mother claimed them as dependents on her tax return. In all likelihood, the consulate is not going to accept the stated household size of 3 because of this. Second, if they allow that your children are your dependents and not your mother's then that puts you WAY below the poverty line for a household of your size, and highly likely (in the governments view) that you're going to need assistance from somebody else. They might have a hard time believing that your mother can provide that assistance if she wouldn't be able to meet the minimum guidelines if those dependents were considered part of her own household. Do you see where the problem is here? You have someone with a low-income household acting as a co-sponsor for someone with a very low income household. It's going to be difficult for the consulate to believe you'll get by without needing government assistance.

Remember - this isn't a matter of just meeting some minimum magic threshold. The consular officer has wide latitude in making this determination. In some countries the consulate will rubber stamp any application where the minimum requirements are met. In other countries, especially where fraud or poverty are widespread, they're going to be a lot more critical.

You can't help the financial situation you're in. Life is what it is. However, you're in a position to select a co-sponsor that will either strengthen or weaken your case. That's why I thought your fiance's friend sounded like a better solution, presuming his net income from his business is good.

Great answer and information Jim!

[AMHISHABIBATI 0]

I am currently on disability but i had the thought to just go back to work, without telling my doctor. If i did, i would not be able to prove 125% for I-864 for my family size which would be 5, i believe,..me my 3 kids, and my fiance...If my mom cosponsor wouldn't she just have to prove 125% of her household size..which is her, my brother, and my fiance which is 3. She can prove that easily.

or if she cosponsor would she have to add me to household size even though we live at separate residence?

lol, are you implying that circumstances don't change, people don't move and that for now on my mother is the only one who can claim "my children"?

5

You have posted about this topic repeatedly. In a previous post you stated your mother claimed your children on her taxes. You cannot arbitrarily move people around to make it look how you like it to look. If your mother previously claimed your children she will have to claim them now, unless she has a good explaination why not. (they became 18 and moved out for example) You cannot just shift them to your responsibility. You CAN but then you need to wait until next year's tax return to prove this. You know what the situation is. If your mother claimed them on taxes, she must claim them now for the I-134. If that doesn't work for you, you need another co-sponsor.

I am currently on disability but i had the thought to just go back to work, without telling my doctor. If i did, i would not be able to prove 125% for I-864 for my family size which would be 5, i believe,..me my 3 kids, and my fiance...If my mom cosponsor wouldn't she just have to prove 125% of her household size..which is her, my brother, and my fiance which is 3. She can prove that easily.

or if she cosponsor would she have to add me to household size even though we live at separate residence?

i have stated that, i am not immigrating him until next year..which means a new tax year

5

You have posted about this topic repeatedly. In a previous post you stated your mother claimed your children on her taxes. You cannot arbitrarily move people around to make it look how you like it to look. If your mother previously claimed your children she will have to claim them now, unless she has a good explaination why not. (they became 18 and moved out for example) You cannot just shift them to your responsibility. You CAN but then you need to wait until next year's tax return to prove this. You know what the situation is. If your mother claimed them on taxes, she must claim them now for the I-134. If that doesn't work for you, you need another co-sponsor.

[AMHISHABIBATI 0]

look, it seems to me that if i lived with my mom during that time, and i can prove it, (easily) then, the explanation is simple. i lived with my mom during that time, i was unemployed. My mother claimed my children, BUTTTTTT...I have since moved, i am now employed, and i am claiming my own children. I meant next years taxes...i would claim my own kids..I am having a hard time seeing how this is a problem...

so what if they 'note' that she claimed them in past. simple explanation...i was living there, i was not employed at the time, my mom claimed them. Now, i have a place of my own, i have a job, so i claimed them on my own..

[AMHISHABIBATI 0]

anyways, this all seems like speculation. I have always claimed my own children before that.. so it shouldn't be hard to see that it was a temporary arrangement.

[Gary and Alla 3,694]

look, it seems to me that if i lived with my mom during that time, and i can prove it, (easily) then, the explanation is simple. i lived with my mom during that time, i was unemployed. My mother claimed my children, BUTTTTTT...I have since moved, i am now employed, and i am claiming my own children. I meant next years taxes...i would claim my own kids..I am having a hard time seeing how this is a problem...

so what if they 'note' that she claimed them in past. simple explanation...i was living there, i was not employed at the time, my mom claimed them. Now, i have a place of my own, i have a job, so i claimed them on my own..

Seems to me, seems to you, whatever. Problem IS, you turn in documents to someone that doesn't know your situation who reviews it for a lot less time than we have (several times) and they make a decision. Then your fiance, NOT YOU, must explain the situation to someone already inclined to deny the visa based on what he sees. It is easy to say, we did it that way before and now we are doing it this way. I am not saying it isn't true...I am saying it isn't documented. When you do your 2009 tax return, THEN it will be documented. It is like saying "I have a new job paying $100,000 per year!" But no employment letter, no check stubs, just your word that you do. And then say "Just wait, you will see when I file may taxes next year!" And they will say "OK, we'll wait." And so will you. I do not say these things to be mean or rain on your parade, I say these because I hope it helps you to find another way and be successful with the visa process.

Besides , Jim makes the most excellent point above. This is NOT a pass/fail test where you show $xx,xxx support and you win. It is a judgement call. They see...And again I am playing devils advocate and trying to view it as they...

1. A major change in accounting practice in time to be considered for the I-134

2. A person with VERY low income being gauranteed by some one with barely adequate income. The kids do not "vanish", they must be supported. Just as Jim said above, it is the duty of the COs to warranty the interest of the government and YOU have to give them a reason to do that. It is possible, and not uncommon, for a person "making enough" to be denied because of the totality of the case.

We, that answer your questions, are not the enemy. You obviously try to mix up the letters you have to make a new word, but you don't have the letters you need. You do not need to convince US, you need to convince THEM. Personally I would not feel comfortable for a very important procedure that I would be putting on my foreign fiance with the scenarios you have presented...none of them. Except maybe his freind sponsoring hom which seems to no longer be a consideration, Yes?

You haven't entered the country your fiance is from. My guess is it is not one that is easy to deal with, that makes it doubly difficult on you and doubly shaky from what you are presenting. You MAY get away with this in Kiev, London, Paris...I doubt it would be sufficient in a MENA consulate. HCMC, Bangkok, etc.

anyways, this all seems like speculation. I have always claimed my own children before that.. so it shouldn't be hard to see that it was a temporary arrangement.

OK, go with that. You convinced ME. Of course, my opinion could be just speculation.