I-864 Question

[Sean86 31]

Hey guys

Just a question about I-864 to those who are better informed about this case. My situation is as below

My Fiance (soon to be wife) is student, HAS PART TIME WORK and she doesn't make over the poverty limit. She is dependent on her parents who pay for all her needs and is willing to co-sponsor me too and file 864A as they have the same principle residence.

The question is that question 21 Part G on form I-864 says include parents and siblings who's INCOME YOUR ARE COMBINING, but her parents have her sister on their Tax return as dependent as well but she doesn't earn anything as she is also a student. Does she still include her even though we are NOT using her income. So is the house hold size going to be 5 ( me , her parents and sister and her) or 4 ( me, her parents and her) as we ARE NOT USING her sisters income.

P.S. - They ( Her and her parents combined) barely make over the limit if we include her which is think is still fine, but i would like to show them that we are way more than they require not just barely making over the limit.

Thanks in advance.

[KayDeeCee 4,893]

You list the persons in the household that are filling out an I-864A and offering their support. If the sister is not offering income, and not filling out an I-864A, then you do not list her income to be combined. You combine the income of those filling out the affidavit of support forms.

[Ryan H 3,812]

The question is that question 21 Part G on form I-864 says include parents and siblings who's INCOME YOUR ARE COMBINING, but her parents have her sister on their Tax return as dependent as well but she doesn't earn anything as she is also a student. Does she still include her even though we are NOT using her income. So is the house hold size going to be 5 ( me , her parents and sister and her) or 4 ( me, her parents and her) as we ARE NOT USING her sisters income.

21d and 21e address dependents. So if there are dependents counted in either one of those boxes as appropriate, they would not be counted on 21g.

Edited August 21, 2011 by Ryan H

[Anh map 2,098]

For the K visa petition you will be using the form I-134. The I-864 is after marriage in the US and at the Adjustment of Status phase.

There is no combining of incomes with the I-134. The person sponsoring must meet the income (and/or asset) requirements themselves.

A sponsor is able to combine incomes when submitting the form I-864.

Regarding the specifics in your case. Was your fiancee claimed as a dependent on her parent's most recent tax return? Also the sister? What is her age? Was she claimed as a dependent.

[Sean86 31]

You list the persons in the household that are filling out an I-864A and offering their support. If the sister is not offering income, and not filling out an I-864A, then you do not list her income to be combined. You combine the income of those filling out the affidavit of support forms.

I know i dont include her income, but my question is do i still include her in the HOUSEHOLD SIZE though ??

For the K visa petition you will be using the form I-134. The I-864 is after marriage in the US and at the Adjustment of Status phase.

There is no combining of incomes with the I-134. The person sponsoring must meet the income (and/or asset) requirements themselves.

A sponsor is able to combine incomes when submitting the form I-864.

Regarding the specifics in your case. Was your fiancee claimed as a dependent on her parent's most recent tax return? Also the sister? What is her age? Was she claimed as a dependent.

i Know i have to use i-134 form, but i am thinking more for my AOS stage. Yes she was claimed as dependent on her parents most recent tax return and her sister as well.

My question is dp i still include her sister in the house hold size even if she is not earning anything thus we are not using her income.

[Sean86 31]

21d and 21e address dependents. So if there are dependents counted in either one of those boxes as appropriate, they would not be counted on 21g.

Yes i know that but she doesn't have any dependents on her tax return so they wont go into 21d or e. but she is on her parents tax return as dependents.

[KayDeeCee 4,893]

I know i dont include her income, but my question is do i still include her in the HOUSEHOLD SIZE though ??

My question is dp i still include her sister in the house hold size even if she is not earning anything thus we are not using her income.

You would only list 2 in 21g, for her father and mother filling out their own I-864A in order to use their income. There is nowhere on the I-864A to list their dependents, or on the I-864 to list the dependents of those filling out an I-864A. So, the household size total on the I-864 would be 4. This does not mean that they won't necessarily look at the tax transcripts for the parents and count the dependents they have listed when going over your documents though.

It might be less confusing and more straight forward if her father also fills out his own separate I-864, since he is head of the household, and his wife fills out an I-864A to combine her income with his. Do they make enough to cover all their dependents plus you? If so, then you might want to go that route instead.

[Anh map 2,098]

If the parent is going to be a joint sponsor then they would use the I-864, not the 864A. The reason being is that the 864A does not give a true representation of the household size. If both parent's incomes are needed then one parent completes the 864 and the other an 864a.

Since both daughters were claimed on the 2010 tax returns as dependents then they are both considered in the parents' household size along with any other dependents plus the intending immigrant.

[Harpa Timsah 13,258]

Yes, I-864 is needed in this case, not the I-864a.

[Sean86 31]

Yes, I-864 is needed in this case, not the I-864a.

Thanks for helping out guys.

Just wondering is it ok that we barely make over the poverty limit and should add some assets ( as they have cash in savings). but the form says that don't use the assets part if you making over the limit ?? As we are just barely crossing the limit ?

[KayDeeCee 4,893]

Thanks for helping out guys.

Just wondering is it ok that we barely make over the poverty limit and should add some assets ( as they have cash in savings). but the form says that don't use the assets part if you making over the limit ?? As we are just barely crossing the limit ?

While it is not necessary to list assets if your income is over the 125% level, if you are barely over, listing your assets might help. If they have cash in savings that is a fairly good amount, they can list their savings and provide proof from the bank to document them.

[VanessaTony 3,567]

Thanks for helping out guys.

Just wondering is it ok that we barely make over the poverty limit and should add some assets ( as they have cash in savings). but the form says that don't use the assets part if you making over the limit ?? As we are just barely crossing the limit ?

Not a problem either for I-864 or I-134. Due to my husband being in school full-time, although working fulltime he only JUST made over the limit. I'm talking like $1000. We had ZERO issues. No assets listed. Not the end of the world, especially with Australia being a low-fraud country.

[Sean86 31]

Not a problem either for I-864 or I-134. Due to my husband being in school full-time, although working fulltime he only JUST made over the limit. I'm talking like $1000. We had ZERO issues. No assets listed. Not the end of the world, especially with Australia being a low-fraud country.

Thanks