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Filed: Timeline
Posted

I am here on a K-1 visa and currently about to file for AOS. I am just a bit confused about the affidavit of support.

On form I-864, Question 21 'Sponsor's Household Size' - what does the term 'household' actually mean? It asks for number of dependents, as well as number of immigrants sponsored (1, myself) spouse, etc. I am asking because my father-in-law is my co-sponsor so according to this form I am counted as a part of his household. He also has to put down my husband as a dependent (my husband is on disability). Along with my mother-in-law, that would make the total household size 4 people. On the affidavit my husband filled out, our household only has 2 people - myself, and him. How does this make sense?

(To add to the confusion, the question also states not to count anyone twice, but it asks to put "1" for spouse if currently married, and yet "1" for the principal sponsored immigrant - that would be counting me twice!)

It is obviously possible to claim a dependent who isn't a part of the household, so I'm really confused about this. The example I-864 is completely outdated and doesn't even have this section, so it hasn't been any help.

Also, would this mean my husband and father-in-law have to fill out I-864A: Contract between sponsor and household member? To those who don't know, this is necessary if the sponsor is combining their income with a relative who 'shares residence' to meet povery guidelines. In my case, my husband and I do share a 'principal residence' with my father-in-law, but legally we are different 'households', and my father-in-law is the joint sponsor - they are NOT combining incomes/assets. The term 'household' and 'principal residence' are different yet they are being used interchangeably on these forms. To emphasize my point, if we were considered part of the same 'household' my husband would not be eligible for benefits, because of my father-in-law's six figure income!

Hopefully this made sense to someone.

Filed: Citizen (apr) Country: China
Timeline
Posted

You are counted 1 time, just as the immigrant, not spouse, if the father has a wife that is a dependent he would check the spouse box.

In the simple case where I the US Citizen is sponsoring my fiance or future wife, and at the time that we would file AOS, I still would not check spouse since she is the immigrant.

A little later if we were to bring a son or daughter in to the USA, and my wife has completed AOS, and has a green card then she would be counted as my spouse, and the child would be counted as the immigrant.

Understand You are first the immigrant since you are adjusting status from non-immigrant to immigrant, not the spouse.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

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Filed: Timeline
Posted

That makes sense, thanks. I re-read the instructions and understand the household size question better. Now I am trying to figure out if we should stick with the sponsor and cosponsor, or if my father-in-law should combine his income with my husband's and only use one 864 (and 864a). There might not be any difference, but we made an infopass appointment tomorrow anyway.

Filed: Citizen (apr) Country: China
Timeline
Posted
That makes sense, thanks. I re-read the instructions and understand the household size question better. Now I am trying to figure out if we should stick with the sponsor and cosponsor, or if my father-in-law should combine his income with my husband's and only use one 864 (and 864a). There might not be any difference, but we made an infopass appointment tomorrow anyway.
Hopefuly they can provide you with useful info at the appointment.

If your husband makes more than 125% above the poverty line is is much simpler to do the I-864EZ form and not rely on the co-sponsor.

For this look here for the poverty line table:

http://www.uscis.gov/graphics/formsfee/forms/i-864p.htm

And if you are above that line here is I-864EZ:

http://www.uscis.gov/graphics/formsfee/forms/i-864ez.htm

Good luck:

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: Citizen (apr) Country: China
Timeline
Posted
Unfortunately my husband makes about half of the required 125%, since he is on disability and unable to work. However my father in law makes more than enough, and was also the co-sponsor for my K-1.
Then that is the way you will have to go Husband dose a I-864, and father dose an I-864A

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

 
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