Joint sponsor and household size

[city2countrygirl 0]

Hi Guys, I married my US SO on a K1Visa and we live with his parents, his Dad is our joint sponsor. We are applying for AOS and I'm not sure if he (the dad) is the first of two joint sponsors or the only joint sponsor, also on the fathers I-864 Q21 © he has checked: 1 as he is married, making 3 including me but not my husband as he is not a dependent and does not fit into any other category required. Is this right ? and as my husband is the petitioner and sponsor (i think) on his I-864 should the household size be only 2 (him and myself) I hope I've made myself clear, its so confusing and i've looked everywhere for the answer but in the end have had to ask you good knowledgeable people for the answer. Thanks for any help and advice

[Nich-Nick 3,354]

I agree with what you have stated about household size. Husband is sponsor. Dad is the only joint sponsor.

Because you all live in the same house, husband can list Dad's income on hubby's I 864 as a household member. Then Dad does an I864A which basically gives his permission for using his income as part of household income. Because it's all lumped into one pot under this scenario, I think the household size is four.

[VanessaTony 3,567]

Hi Guys, I married my US SO on a K1Visa and we live with his parents, his Dad is our joint sponsor. We are applying for AOS and I'm not sure if he (the dad) is the first of two joint sponsors or the only joint sponsor, also on the fathers I-864 Q21 © he has checked: 1 as he is married, making 3 including me but not my husband as he is not a dependent and does not fit into any other category required. Is this right ? and as my husband is the petitioner and sponsor (i think) on his I-864 should the household size be only 2 (him and myself) I hope I've made myself clear, its so confusing and i've looked everywhere for the answer but in the end have had to ask you good knowledgeable people for the answer. Thanks for any help and advice

As stated your father-in-law would complete and I-864A (not an I-864) and his income could be used to "boost" the household income.

Household members (on your husbands i-864) would be:

1. You

2. Your husband (he's on the I-864)

3. Your father-in-law (because his income is being used)

Your mother-in-law can be excluded because her income isn't being included, and because your father-in-law's income doesn't need to exceed the 125% of the poverty line, it just need to help "boost" your husbands income. If he completed an I-864 his income would need to exceed the 125% of the poverty line and your mother-in-law would be included in the household size (but like I said she isn't included because he fills an i-864A, not I-864).

Hope that makes sense

[city2countrygirl 0]

As stated your father-in-law would complete and I-864A (not an I-864) and his income could be used to "boost" the household income.

Household members (on your husbands i-864) would be:

1. You

2. Your husband (he's on the I-864)

3. Your father-in-law (because his income is being used)

Your mother-in-law can be excluded because her income isn't being included, and because your father-in-law's income doesn't need to exceed the 125% of the poverty line, it just need to help "boost" your husbands income. If he completed an I-864 his income would need to exceed the 125% of the poverty line and your mother-in-law would be included in the household size (but like I said she isn't included because he fills an i-864A, not I-864).

Hope that makes sense

Thank you both for your informative replies, does that mean that the Sponsor (hubby) puts in household size of 3 but the Father in Laws I-864A household size is 4 ? would that be ok, I would have thought that both would have to tally also when I submitted my application for the K1 I sent in an I-134 from the father in law, who had the most funds, and thought that he was my sponsor. sorry for being so lame but its so confusing . thanks again

[city2countrygirl 0]

Hi Folks, sorry I just looked at the I-864A and it doesn't ask for household size so scratch that last bit. I guess I just need to confirm that the husband is 'The Sponsor' as they both sent in I-134s but my Hubby has nowhere near the funds and/or assets to cover the poverty line requirement.and that the household size is '3'

Edited October 3, 2010 by city2countrygirl

[city2countrygirl 0]

AAannnddd - as my father in law sent in an I-134 along with my then fiance to get the K1. I assumed he was the joint sponsor, that being the case is it not possible to have him as a 'household member' ? if not, does he just have to file an I-864 along with my husbands ? this is so darn confusing

Edited October 3, 2010 by city2countrygirl

[VanessaTony 3,567]

okay you're making it more difficult than it has to be. First, have a read of the I-864 and the I-864A. You can see the I-864A is basically just an authority, the I-864 is the one with all the info.

The I-134's are irrelevant now. Completely irrelevant.

Here are the facts:

- Your husband lives with your FIL and MIL

- your husband does not meet the 125% of the poverty line for a 2 person household ($18,212)

- your FIL's income, together with your husbands DOES meet the 125% of the povery line for a 3 person household

So, because your husband (and you) live with your FIL and MIL, your husband would complete an I-864, adding his father to the household count in order to be able to use his fathers income, and then add his fathers income to the "income" field in the form.

Both your husband and FIL would provide tax returns for 2009 and the other supporting documentation.

Your FIL would sign the I-864A to authorise your husband to use his income towards the household income.

Your MIL isn't included here. So your household size is 3.

[city2countrygirl 0]

okay you're making it more difficult than it has to be. First, have a read of the I-864 and the I-864A. You can see the I-864A is basically just an authority, the I-864 is the one with all the info.

The I-134's are irrelevant now. Completely irrelevant.

Here are the facts:

- Your husband lives with your FIL and MIL

- your husband does not meet the 125% of the poverty line for a 2 person household ($18,212)

- your FIL's income, together with your husbands DOES meet the 125% of the povery line for a 3 person household

So, because your husband (and you) live with your FIL and MIL, your husband would complete an I-864, adding his father to the household count in order to be able to use his fathers income, and then add his fathers income to the "income" field in the form.

Both your husband and FIL would provide tax returns for 2009 and the other supporting documentation.

Your FIL would sign the I-864A to authorise your husband to use his income towards the household income.

Your MIL isn't included here. So your household size is 3.

Thanks for your reply and that would seem straightforward enough for anyone to understand.

Im sorry if I appeared a little AR its just that trolling these forums one sometimes gets conflicting answers and as I've spent quite a lot of time looking for my answers before posting here I've seen a few differing opinions.

One being that you either have a joint sponsor OR a household member contributing to the household income and I was under the impression that my FIL was my joint or co-sponsor necessitating an I-864 and NOT an I-864A as you suggest.

Can my FIL still live with us and complete an I-864 instead of an I-864A as I feel it would impact more favourably

Edited October 4, 2010 by city2countrygirl

[Nik+Heather 121]

If you all live in the same house, your FIL will fill out the I-864A

Also, I assume that FIL and MIL file joint returns, so be sure you provide documentation of his specific income (W-2 should be sufficient)

[city2countrygirl 0]

If you all live in the same house, your FIL will fill out the I-864A

Also, I assume that FIL and MIL file joint returns, so be sure you provide documentation of his specific income (W-2 should be sufficient)

Many thanks for your reply but can anyone tell me what the difference is between a joint sponsor and a household member contributing to the overall income of the household ?

[Nik+Heather 121]

The difference is if you live in the same house or not. It goes into the whole idea of a household size, and household income. If you have to maintain only one house, the income for everyone is less, and you can add together. If the household expenses are repeated, you need to cover that initial hurtle again - Just take a look at the scale on the poverty level - if each person added to a household increased the household income needs linearly, 2 people would be 18k, but 4 would be 36k. Since they recognize that some costs are shared, it is on a gentler slope. This works in your favor - don't fight it.

Since you all live together, the petitioner fills out I-864, and the joint sponsor fills out I-864A

If your FIL was sponsoring you, but you and your husband lived in an apartment down the street, then both I-864's.

Thusly the conditional format of my response. "If you all live in the same house, your FIL will fill out the I-864A"

Edited October 4, 2010 by Nik+Heather