I-864, Affidavit of Support

[Josie-Be-Happy 11]

Greetings,

I just need some clarification on the I-864, Affidavit of Support. I am the sole sponsor for my spouse and including him, my household size is 4.

I reviewed the poverty lines on the I-864P and for a household size of 4, the poverty line (125%) is $27,937. Does this mean that if I my salary is above this amount, I meet the requirements and do not need a co-sponsor?

Also, the I-864, Block 21a, Enter the number you entered on line 10. Which in my case would be 1 - my husband.

The form also states - DO NOT COUNT ANYONE TWICE. Block 21c states that if you are currently married, enter "1" for your spouse. I would be counting him twice if I entered "1" in this block. How do I fill this portion out correctly so that it doesn't appear that my household size is 5?

I've been doing some research and I can't seem to find the correct answer. I'm sure a lot of VJ members can chime in.

Thanks a bunch!!!

[Bill and Vicky 25]

I reviewed the poverty lines on the I-864P and for a household size of 4, the poverty line (125%) is $27,937. Does this mean that if I my salary is above this amount, I meet the requirements and do not need a co-sponsor?

Unless you live in Alaska or Hawaii, absolutely correct.

Care,

Bill

[Josie-Be-Happy 11]

Unless you live in Alaska or Hawaii, absolutely correct.

Care,

Bill

Thank you, Bill.

Do you know how I can avoid counting my spouse twice on the I-864?

[VanessaTony 3,567]

Thank you, Bill.

Do you know how I can avoid counting my spouse twice on the I-864?

The immigrant is the immigrant. For the purposes of the I-864 they aren't your spouse. The form says, DO NOT COUNT ANYONE TWICE so you don't count anyone twice. You have to remember this form wasn't tailor made to your situation and encompasses many other situations. If you had a co-sponsor who was married they WOULD put their spouse.

Edited August 18, 2011 by Vanessa&Tony

[Navyk 78]

Greetings,

I just need some clarification on the I-864, Affidavit of Support. I am the sole sponsor for my spouse and including him, my household size is 4.

I reviewed the poverty lines on the I-864P and for a household size of 4, the poverty line (125%) is $27,937. Does this mean that if I my salary is above this amount, I meet the requirements and do not need a co-sponsor?

Also, the I-864, Block 21a, Enter the number you entered on line 10. Which in my case would be 1 - my husband.

The form also states - DO NOT COUNT ANYONE TWICE. Block 21c states that if you are currently married, enter "1" for your spouse. I would be counting him twice if I entered "1" in this block. How do I fill this portion out correctly so that it doesn't appear that my household size is 5?

I've been doing some research and I can't seem to find the correct answer. I'm sure a lot of VJ members can chime in.

Thanks a bunch!!!

• If you are making above 125% of the poverty level for 4 (you + husband + 2 others), you don't need a co-sponsor.
• In item 10, you already have your husband as 1, so in item 21.c enter 0, because you can not count your husband twice. Also note that your husband has not yet joined your household in US that you are currently supporting, so item 21.h will have 3 (you + 2 others).

[Josie-Be-Happy 11]

The immigrant is the immigrant. For the purposes of the I-864 they aren't your spouse. The form says, DO NOT COUNT ANYONE TWICE so you don't count anyone twice. You have to remember this form wasn't tailor made to your situation and encompasses many other situations. If you had a co-sponsor who was married they WOULD put their spouse.

Based upon your response, I should leave Block 21c "if you are currently married, enter "1" for your spouse" blank?

Thank you for your response and clarification. I really appreciate the feedback and guidance.

Edited August 18, 2011 by Josie-Be-Happy

[VanessaTony 3,567]

Based upon your response, I should leave Block 21c "if you are currently married, enter "1" for your spouse" blank?

Thank you for your response and clarification. I really appreciate the feedback and guidance.

Yep. That's a 0. I know it feels wrong and feels like you're lying but they know the immigrant IS your spouse and not that you have another husband in your household size

[Navyk 78]

Based upon your response, I should leave Block 21c "if you are currently married, enter "1" for your spouse" blank?

Thank you for your response and clarification. I really appreciate the feedback and guidance.

Yes - see my explaination above.

[Josie-Be-Happy 11]

• If you are making above 125% of the poverty level for 4 (you + husband + 2 others), you don't need a co-sponsor.
• In item 10, you already have your husband as 1, so in item 21.c enter 0, because you can not count your husband twice. Also note that your husband has not yet joined your household in US that you are currently supporting, so item 21.h will have 3 (you + 2 others).

Great....thanks a bunch.

[VanessaTony 3,567]

• If you are making above 125% of the poverty level for 4 (you + husband + 2 others), you don't need a co-sponsor.
• In item 10, you already have your husband as 1, so in item 21.c enter 0, because you can not count your husband twice. Also note that your husband has not yet joined your household in US that you are currently supporting, so item 21.h will have 3 (you + 2 others).

I agree with you but felt I should mention the bolded section is misleading. While the OP is doing a CR-1, the statement that the husband not being in the US makes them not included in the household is wrong.

Household count is NOT decided based on location. If she had her husband on her taxes in any way, if she claimed children on her tax returns but they don't live with her, they still count. If she had children under 18 but they weren't on her tax return and she wasn't living with them they're STILL counted as dependants (due to their age).

Also, the I-864 is not limited to CR-1 visas. If you use it in the AOS stage (like I did) then your husband DOES live with you and your advice above implies he "might" be counted as a spouse 'cause he lives under the roof... again no. The answer to this qn is simple. For AOS purposes the immigrants do NOT count in any other category. The immigrants are just the immigrants (and they are copied across from put in 21a as the OP said in her first post.).

Edited August 18, 2011 by Vanessa&Tony

[Navyk 78]

I agree with you but felt I should mention the bolded section is misleading. While the OP is doing a CR-1, the statement that the husband not being in the US makes them not included in the household is wrong.

Household count is NOT decided based on location. If she had her husband on her taxes in any way, if she claimed children on her tax returns but they don't live with her, they still count. If she had children under 18 but they weren't on her tax return and she wasn't living with them they're STILL counted as dependants (due to their age).

Also, the I-864 is not limited to CR-1 visas. If you use it in the AOS stage (like I did) then your husband DOES live with you and your advice above implies he "might" be counted as a spouse 'cause he lives under the roof... again no. The answer to this qn is simple. For AOS purposes the immigrants do NOT count in any other category. The immigrants are just the immigrants (and they are copied across from put in 21a as the OP said in her first post.).

OP the bottom line is use zero in item 21.c.

Good clarification Vanessa. Let's say I am just one guy sponsoring my wife and my mother, I would need to file separate I-864s for each of them. Can you clarify how I would fill my mother I-864, Item 21 and my wife's I-864 in 21. Just my understanding please. Thanks.

[VanessaTony 3,567]

OP the bottom line is use zero in item 21.c.

Good clarification Vanessa. Let's say I am just one guy sponsoring my wife and my mother, I would need to file separate I-864s for each of them. Can you clarify how I would fill my mother I-864, Item 21 and my wife's I-864 in 21. Just my understanding please. Thanks.

Sure

In your situation it would depend on how you're filing. Usually you'll not file both at the same time but if you did your household count for your mother would be 1 for immigrant (because she's the one that particular I-864 applies to) and 1 for your spouse. The one for your wife would be 1 for immigrant (being this one applies to HER immigration status) and also 1 for option "f" for having sponsored someone else (being your mother). Make sense?

The reason your spouse would be "spouse" in your mothers one and not option "f" (as someone sponsored in another I-864) is because some people sponsor friends or other family members like siblings (and your mother in your wife's I-864 case). The only reason that option "f" is there is so you have somewhere to put everyone

Edited August 18, 2011 by Vanessa&Tony

[Navyk 78]

Sure

In your situation it would depend on how you're filing. Usually you'll not file both at the same time but if you did your household count for your mother would be 1 for immigrant (because she's the one that particular I-864 applies to) and 1 for your spouse. The one for your wife would be 1 for immigrant (being this one applies to HER immigration status) and also 1 for option "f" for having sponsored someone else (being your mother). Make sense?

The reason your spouse would be "spouse" in your mothers one and not option "f" (as someone sponsored in another I-864) is because some people sponsor friends or other family members like siblings (and your mother in your wife's I-864 case). The only reason that option "f" is there is so you have somewhere to put everyone

This is the answer I was thinking and wanted to be sure. Thanks a lot.