I-864 Help

[Triniqueen 0]

Hey Everyone, Happy Valentine’s Day! I have two problems I hope someone can help me with.

1. I am married to a USC and I am he is filling out our I-864, our problem is that he made 125% over the poverty line for 2004 and 2005 but in 2003 we are $202 short the poverty line. Do we still need a co-sponsor? Is this going to be a problem since it’s only $202?

2.Also my husband has a child from a previous relationship and he has visitation and he pays child support, as part of the arrangement he gets to claim her on his income tax every other year (this year he claim her) She spends every other weekend with us and they share holidays, So is my household size 2 (since it’s just my husband and I living here) or is it 3 (since she is with us every other weekend and he got to claim her on his income tax this year?

Any help would be great, thanks in advance.

[Donna A 4]

my exhusband and i share custody of our daughter so he gets her one week and i get her one week and we rotate tax returns every other year also. i cant remember how we did that on ours but i do remember at our AOS interview i did explain that to them. all tho i made enough and didnt have to worry about it but still explained the situation to them.

[hcj 0]

The requirement is that the sponsor make enough CURRENTLY to fulfill the income requirements. So you would not automatically need a joint sponsor just because three years ago you didn't make enough.

The affidavit of support form is quite specific -- you have to count persons living in your household and persons who are otherwise dependent on you "as claimed in your tax return for the most recent tax year." His daughter lives with him part-time *and* he claimed her as a dependent in his 2005 taxes. He has to count her as part of his household size.