Question about Sponsor's Income and Household Size in Form I-864

[booker 0]

Hi all,

I have been reading the forum for a while; however, it has been the first time I have posted a topic.

My case description: I am a F-1 student and have been in the US for four years. I am graduating from a university this coming december. I recently got married to my wife, whom i met three years ago when I was in college. She is now a junior at her college. We are filing AOS and has come up with some questions about the I-864 form. She filed tax by herself for 2009 (before we officially got married) with her net income of only $1,084. Obviously, her income is not sufficient enough to support me in the form i-864. So we ask her dad, who is living with us in the same residence, to co-sponsor me. I understand that he has to file form i-864A. Her dad is self-employed (goldsmith) and claimed her mom and her younger brother (without my wife and no previous sponsor liability) in his most recent tax return of 2009. His 2009 net income is $34,084, 2008 is $30,065, and 2007 is $30,000. So my questions are:

1) In the form I-864, which is completed by my wife, in section 8, i checked "I am sponsoring..." and "yes." Therefore, the number is box 10 would be 01. Is it right?

2) In the form i-864, section 21, box a is 01, box b is 1, and box g is 3? The other boxes are left blank. I am wondering here if her dad has to sponsor only me (then the total household size would be 4) or both my wife and me (total is 5)?!

3) Should I include her dad's federal tax return transcripts of 2008 and 2007 as well when submitting my AOS application? These numbers do not seem passing the poverty line!!

4) Should I find another sponsor (to replace him and will file I-864 since that person for sure won't live in the same roof with us), who has better income but not directly related to our family (her family's friend for example)? Does this really affect my chance of getting a green card?

I seriously don't want an RFE or any delay in my application, so I try to send USCIS as much evidence as possible.

Thank you in advance for your help. Have a nice day!

[VanessaTony 3,567]

...So we ask her dad, who is living with us in the same residence, to co-sponsor me. I understand that he has to file form i-864A. Her dad is self-employed (goldsmith) and claimed her mom and her younger brother (without my wife and no previous sponsor liability) in his most recent tax return of 2009. His 2009 net income is $34,084, 2008 is $30,065, and 2007 is $30,000. So my questions are:

4) Should I find another sponsor (to replace him and will file I-864 since that person for sure won't live in the same roof with us), who has better income but not directly related to our family (her family's friend for example)? Does this really affect my chance of getting a green card?

The income amount for a 4 person household is $27,562 (125% of the federal poverty guidelines) as mentioned here: http://www.uscis.gov/files/form/i-864p.pdf so your FIL fits the criteria fine... I wouldn't pick another sponsor personally unless you HAVE to

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from an F1 visa and the prior forum is for K1, K2, K3 & K4**

[LiLMermaid 2]

Hi all,

I have been reading the forum for a while; however, it has been the first time I have posted a topic.

My case description: I am a F-1 student and have been in the US for four years. I am graduating from a university this coming december. I recently got married to my wife, whom i met three years ago when I was in college. She is now a junior at her college. We are filing AOS and has come up with some questions about the I-864 form. She filed tax by herself for 2009 (before we officially got married) with her net income of only $1,084. Obviously, her income is not sufficient enough to support me in the form i-864. So we ask her dad, who is living with us in the same residence, to co-sponsor me. I understand that he has to file form i-864A. Her dad is self-employed (goldsmith) and claimed her mom and her younger brother (without my wife and no previous sponsor liability) in his most recent tax return of 2009. His 2009 net income is $34,084, 2008 is $30,065, and 2007 is $30,000. So my questions are:

1) In the form I-864, which is completed by my wife, in section 8, i checked "I am sponsoring..." and "yes." Therefore, the number is box 10 would be 01. Is it right?

2) In the form i-864, section 21, box a is 01, box b is 1, and box g is 3? The other boxes are left blank. I am wondering here if her dad has to sponsor only me (then the total household size would be 4) or both my wife and me (total is 5)?!

3) Should I include her dad's federal tax return transcripts of 2008 and 2007 as well when submitting my AOS application? These numbers do not seem passing the poverty line!!

4) Should I find another sponsor (to replace him and will file I-864 since that person for sure won't live in the same roof with us), who has better income but not directly related to our family (her family's friend for example)? Does this really affect my chance of getting a green card?

I seriously don't want an RFE or any delay in my application, so I try to send USCIS as much evidence as possible.

Thank you in advance for your help. Have a nice day!

Unless he supports her and claims her on his taxes then he is only supporting you. Doesn't matter where she lives, if she's an adult then she is not his responsibility.

[engineer21 51]

I understand that he has to file form i-864A. Her dad is self-employed (goldsmith) and claimed her mom and her younger brother (without my wife and no previous sponsor liability) in his most recent tax return of 2009. His 2009 net income is $34,084, 2008 is $30,065, and 2007 is $30,000. So my questions are:

1) In the form I-864, which is completed by my wife, in section 8, i checked "I am sponsoring..." and "yes." Therefore, the number is box 10 would be 01. Is it right?

Yes

2) In the form i-864, section 21, box a is 01, box b is 1, and box g is 3? The other boxes are left blank. I am wondering here if her dad has to sponsor only me (then the total household size would be 4) or both my wife and me (total is 5)?!

Your wife only needs to include her dad in i-864 section 21 box g because she is only using her dad's income to help her sponsor you.

Her dad's total household size is 4 (dad, mom, brother, and you).

3) Should I include her dad's federal tax return transcripts of 2008 and 2007 as well when submitting my AOS application? These numbers do not seem passing the poverty line!!

You are not required to include 2008 and 2007. These are optional. Only 2009 tax year is required

[booker 0]

Thanks everyone for help.

Regarding the reply from engineer21, should I put 2 (total should be 4) or 1 (adds up to be 3) in box g of section 21? It quite doesnt make sense to me. Please clarify. Thanks

[engineer21 51]

Thanks everyone for help.

Regarding the reply from engineer21, should I put 2 (total should be 4) or 1 (adds up to be 3) in box g of section 21? It quite doesnt make sense to me. Please clarify. Thanks

for box 21 g, only include her dad. so put 1.

If you put more than 1 in this box, you will need to include more than one i-864A forms.

If you're planning on only using her dad's income to supplement your wife's, then you should only file one i-864A, so only put 1 in box g

I was saying 4 for her dad's household size, which is not the same as your wife's household size.

your dad's household size is needed to figure out whether he qualifies as joint sponsor.

But you don't count his household size in your wife's i-864 form.

Good luck!

Edited July 28, 2010 by engineer21

[booker 0]

for box 21 g, only include her dad. so put 1.

If you put more than 1 in this box, you will need to include more than one i-864A forms.

If you're planning on only using her dad's income to supplement your wife's, then you should only file one i-864A, so only put 1 in box g

I was saying 4 for her dad's household size, which is not the same as your wife's household size.

your dad's household size is needed to figure out whether he qualifies as joint sponsor.

But you don't count his household size in your wife's i-864 form.

Good luck!

Thanks, engineer21. So her household size is implicit?

[booker 0]

Thanks, engineer21. So her household size is implicit?

I mean her dad's household size is implicit?

Her godfather has a much better income (about triple the poverty line) and he is willing to support us too. He filed tax as a single for the last three years, so his paper is much simpler and clearer. But I dont know whether godfather is a documented title in the US? To make sure everything going smoothly, I just wonder which option we should lean towards, clear income or close relationship? Any help is appreciate.