i864 Part 5-section 21 g

[chance3349 0]

Hi VJ members,

I have one last minute questions before sending out the AOS package. In i864 Part 5-section 21 g, do I have to include my mother-in law as well who is NOT sponsoring me but is living in the same residence? My father-in law is my sponsor (he filled out i864A) along with my USC wife who is filling out i864.

4 of us live in the same house.

Thanks.

[Harpa Timsah 13,258]

Your mother in law is a part of you father in law's house, so he needs to include her in the household count and you will need to have over the poverty line for 4 people. If your father in law qualifies on his own, you can choose to have him fill out the I-864 (not the I-864a) and he would need to qualify on his own for 3 people. Good luck.

[chance3349 0]

Your mother in law is a part of you father in law's house, so he needs to include her in the household count and you will need to have over the poverty line for 4 people. If your father in law qualifies on his own, you can choose to have him fill out the I-864 (not the I-864a) and he would need to qualify on his own for 3 people. Good luck.

Hi Harpa,

I want to give a small background so both of us are on the same page:

I am on F1 visa. I married a US citizen on December of 2010. Right now both of us have been living with my in-laws until we stand on our feet financially. My USC wife doesn't have enough income so my father-in-law is willing to sponsor me along with my wife. My USC wife is filling out i864 and my father-in law is filling out i864A. My FIL makes well enough to support me and is well above the poverty guideline.

In the house there are 4 members: My in-laws, myself and my wife who is a US citizen.

NOW BACK TO MY QUESTION:

In i864 Part 5-section 21 g, do I have to include my mother-in law as well who is NOT combining her income but is living in the same residence? Because in that section it says : If you have siblings, parents, or adult children with the same principal residence who are COMBINING their income with yours by submitting Form I-864A, enter the number here." Only my father-in law is combining his income so I was thinking of putting "1" in that box.

[Harpa Timsah 13,258]

Oh, I see. You do not need to include your MIL's income but you do need to count her somewhere because she is in your FIL's house. This is why using the I-864A gets confusing. If your FIL qualifies on his own for 3 people (himself, his wife, and you) even if you live together it is better to fill out I-864 for him. You can say you are two separate household living under the same roof if you so wish (you and your wife, FIL and MIL). You wife will fill out I-864 and you'd have a co-sponsor, FIL who qualifies on his own for 3 people and fills out I-864 as well. If he doesn't qualify on his own, then I'd have to read over the form carefully so see where you count your MIL. Let us know if he qualifies on his own?

[chance3349 0]

Oh, I see. You do not need to include your MIL's income but you do need to count her somewhere because she is in your FIL's house. This is why using the I-864A gets confusing. If your FIL qualifies on his own for 3 people (himself, his wife, and you) even if you live together it is better to fill out I-864 for him. You can say you are two separate household living under the same roof if you so wish (you and your wife, FIL and MIL). You wife will fill out I-864 and you'd have a co-sponsor, FIL who qualifies on his own for 3 people and fills out I-864 as well. If he doesn't qualify on his own, then I'd have to read over the form carefully so see where you count your MIL. Let us know if he qualifies on his own?

Since 4 of us live in the same house and only my FIL is combining his income, I preferred to go with my wife i864 and FIL i864A format. My FIL makes around $90k a year, so I am thinking he qualifies. Since, my MIL is not combining her income and not filling out i864A is it correct to include her in 21 g? This is how my section 21 looks now:

21 a: "1" (for myself)

21 b: "1" (for my USC wife)

21 c: "None" (because I am already counted in 21 a)

21 g: "1" (for my FIL who is combining his income and filling out i864A)

Total: "3" BUT we have 4 people living in the house.

[Harpa Timsah 13,258]

I don't know; I give up. You are making it a lot more complicated by going this way. I read over the I-864 form and I see what you are saying - the G section says only if you are including their income, but I really think your MIL has to be on there somewhere. Let's pretend your FIL didn't make enough for 4 people, then it wouldn't make sense to allow him to count income which would put his wife out on the streets by using income for the immigrant that is needed for her. Maybe someone else knows. Sorry.

[chance3349 0]

I think I found my answer in this forum: http://www.visajourney.com/forums/topic/238193-i-864-household-size-question/

The first reply from Anhmap is what I was planning to do.