My situation makes I-864 very complicated

[Honey Green Tea 0]

I naturalized a few months ago and I plan to petition for my husband who's currently on F1/student visa. I have never been employed, therefore I never filed any tax return.

I understand that I need to file I-864 despite the lack of tax return, and I plan to ask my parents to be joint sponsors. Here's my confusion:

1. My husband is employed by his university as a research assistant; does his income still count toward the poverty guideline since he's the beneficiary?
   
2. I'm currently pregnant with our second child, so when I fill out the household size, do I include the unborn baby?
   
3. We live at my parent's place during the weekends. I consider their address as our primary address but all of our mails go to a different place where we stay during the week. Do my parents fill out I864 or I864A? In the case of I-864A, should I include them into the household?
   
4. 
   

Thank you in advance for your help.

[Anh map 2,098]

Your husband's income can be included on your I-864.

Unborn child is not included in the household count.

If one parent has sufficient income then only one I-864 is needed from that parent. If both parents' incomes are needed then one completes an I-864 and the other an I-864A. Your parents are not in your household count.

Moved from Bringing family members of US citizens forum to Adjustment of Status Work, Student, Tourist forum

[VanessaTony 3,567]

Your husband's income can be included on your I-864.

Unborn child is not included in the household count.

If one parent has sufficient income then only one I-864 is needed from that parent. If both parents' incomes are needed then one completes an I-864 and the other an I-864A. Your parents are not in your household count.

Moved from Bringing family members of US citizens forum to Adjustment of Status Work, Student, Tourist forum

Anh map I'm sorry but you're incorrect on the last point. The OP specifically said "in the case of the I-864A should I include them in the household count" and the answer is YES.

OP - If you complete your OWN I-864, and your parents do THEIR own I-864 then your household count does not include them (so you would be you, husband, and child - unborn doesn't count), and their household count does not include you (themselves, any other children under 18, anyone they claim in their taxes, plus your husband). If, per your question, you go the I-864A route where their income is combined with theirs then yes, they are included in the count and so are you. That would mean the household count would be 5 (assuming it's just the 2 parents and no other kids to worry about) meaning they need to earn: $32,712... which isn't that much. Seeing that you don't earn any money I don't see the point in doing the I-864A. That's usually most beneficial when your income is short, and their income is short but combined it's enough.

[Honey Green Tea 0]

Anh map I'm sorry but you're incorrect on the last point. The OP specifically said "in the case of the I-864A should I include them in the household count" and the answer is YES.

OP - If you complete your OWN I-864, and your parents do THEIR own I-864 then your household count does not include them (so you would be you, husband, and child - unborn doesn't count), and their household count does not include you (themselves, any other children under 18, anyone they claim in their taxes, plus your husband). If, per your question, you go the I-864A route where their income is combined with theirs then yes, they are included in the count and so are you. That would mean the household count would be 5 (assuming it's just the 2 parents and no other kids to worry about) meaning they need to earn: $32,712... which isn't that much. Seeing that you don't earn any money I don't see the point in doing the I-864A. That's usually most beneficial when your income is short, and their income is short but combined it's enough.

First of all, thank you for your reply!

Is there a difference in doing I-864 vs I-864A for my parents? Neither my husband's or my parent's income alone is enough to be above the 125% poverty line for a household of 3.

I was thinking of completing the I-864A for my parents; that way, the combined incomes would be sufficient for household of 5; however, I'm not completely sure about the fact that using I-864A requires the sponsors to be household members and share the same principal residence as my husband and I live at both locations.

[VanessaTony 3,567]

First of all, thank you for your reply!

Is there a difference in doing I-864 vs I-864A for my parents? Neither my husband's or my parent's income alone is enough to be above the 125% poverty line for a household of 3.

I was thinking of completing the I-864A for my parents; that way, the combined incomes would be sufficient for household of 5; however, I'm not completely sure about the fact that using I-864A requires the sponsors to be household members and share the same principal residence as my husband and I live at both locations.

The I-864A is the only way to "combine" incomes and they're only eligible if you live with them (as it's for household members).

Unfortunately based on your OP it appears that you live somewhere else and visit them on the w/ends. What address is on your drivers licence? You said your mail goes to the place you stay during the week.. so it definitely appears thats your primary residence and you do not qualify for the I-864A

[Honey Green Tea 0]

The I-864A is the only way to "combine" incomes and they're only eligible if you live with them (as it's for household members).

Unfortunately based on your OP it appears that you live somewhere else and visit them on the w/ends. What address is on your drivers licence? You said your mail goes to the place you stay during the week.. so it definitely appears thats your primary residence and you do not qualify for the I-864A

The address on my license is my parent's address because that's where I've been living all my life, but my husband's address on his license is different. Majority of my mail goes to my parent's place, and some goes to my husband's; for my husband, he receives pretty much all his mails at the other residence.

It would seem logical that my parents complete the I-864 since we don't share the same residence. However, the problem is, we consider my parent's place as a permanent address, and the place where my husband and I normally stay at as temporary. Am I overthinking and making this more complicated than it should be?

[JimVaPhuong 4,863]

The address on my license is my parent's address because that's where I've been living all my life, but my husband's address on his license is different. Majority of my mail goes to my parent's place, and some goes to my husband's; for my husband, he receives pretty much all his mails at the other residence.

It would seem logical that my parents complete the I-864 since we don't share the same residence. However, the problem is, we consider my parent's place as a permanent address, and the place where my husband and I normally stay at as temporary. Am I overthinking and making this more complicated than it should be?

Do your parents claim you as a dependent on their tax return? If so then they can't add their income to yours because you are a member of their household and not vice versa. The I-864A is only for someone who is a qualifying household member of the sponsor who signs the I-864.

You have to submit an I-864 because you're the primary sponsor. You could add your husband's income to your I-864, but that would be a problem because your I-864 wouldn't be sufficient and neither would your parents. However, your husband can add his income to your parent's I-864 if his income will continue from the same source after he becomes an immigrant, and if he's living in their home. Both of these requirements have to be proven.

If only one of your parents has income then only that parent needs to sign an I-864. If both parents have income, and you intend to combine that income, then one parent signs an I-864 and the other signs an I-864A. Your husband doesn't need to sign an I-864A. His income is entered into section 24 of your parent's I-864. He'll also need to provide proof of his income.

[Anh map 2,098]

Anh map I'm sorry but you're incorrect on the last point. The OP specifically said "in the case of the I-864A should I include them in the household count" and the answer is YES.

OP - If you complete your OWN I-864, and your parents do THEIR own I-864 then your household count does not include them (so you would be you, husband, and child - unborn doesn't count), and their household count does not include you (themselves, any other children under 18, anyone they claim in their taxes, plus your husband). If, per your question, you go the I-864A route where their income is combined with theirs then yes, they are included in the count and so are you. That would mean the household count would be 5 (assuming it's just the 2 parents and no other kids to worry about) meaning they need to earn: $32,712... which isn't that much. Seeing that you don't earn any money I don't see the point in doing the I-864A. That's usually most beneficial when your income is short, and their income is short but combined it's enough.

The parents are not in the OP's household count. Not sure what you were reading into the response.

Jim laid it out very well.

Simplest scenario is: OP does an I-864 (zero income or not). One parent completes an I-864. If the other parent's income is needed to meet the requirement then parent #2 completes an I-864A to combine parents' incomes.

Parent's household count is 2 parents + any dependents + plus the son-in-law (OP's hubby).

OP's household count: OP + child + hubby. If the second child is born prior to the interview/adjudication, add 1 for the newborn.

[VanessaTony 3,567]

The parents are not in the OP's household count. Not sure what you were reading into the response.

Jim laid it out very well.

Simplest scenario is: OP does an I-864 (zero income or not). One parent completes an I-864. If the other parent's income is needed to meet the requirement then parent #2 completes an I-864A to combine parents' incomes.

Parent's household count is 2 parents + any dependents + plus the son-in-law (OP's hubby).

OP's household count: OP + child + hubby. If the second child is born prior to the interview/adjudication, add 1 for the newborn.

Again, the OP asked SPECIFICALLY if they used an I-864A if the parents would be in the household count and they would be IF the OP used an I-864A. They're not eligible so they won't, but that doesn't mean you shouldn't answer their qn about the I-864A correctly.

[Honey Green Tea 0]

I know this is late, but thank you everyone for your replies! I really appreciate all of your help.