i865 HELP

[GARLAM 0]

i get I130 approval but now I am start I485 application now, now I confuse about I 865, financial sponsor , my parent is our sponsor , my mom has 23000 income my father has 6000 this year , is that enough to meet the line and this my son is born so my son will include to the household

[Cathi 5,784]

you cannot combine incomes for your parents

[Dave&Roza 748]

i get I130 approval but now I am start I485 application now, now I confuse about I 865, financial sponsor , my parent is our sponsor , my mom has 23000 income my father has 6000 this year , is that enough to meet the line and this my son is born so my son will include to the household

To pick nits--the I-865 is the change of address form that must be filed within 10 dyas should the sponsor or co-sponsor move--the I-864 is the affadavit of support that must have a household income that exceeds the poverty guide lines for their family size that includes all their dependants, the immigrant, and any dependants the immigrant is including. So have a look at this and see where the 125% level is for the given family size and see how much is needed and who can meet that. So I am assuming the household size is 5 since you count her husband as one of the members in the family you can include his income but I think counting him will cost more than the $6,000 he has in income (per item 24b on page 4). So you need $33.762 and have only $29,000. Does your Mother have assets that can be converted into cash easily that total about $23,810? That might make it. Otherwise I would look for a sponsor that is well above the poverty level or find a job that pays $23,862 and you will not need a co-sponsor.

Good luck,

Dave

[KayDeeCee 4,896]

you cannot combine incomes for your parents

Why not? One parent fills out an I-864 and the other parent fills out an I-864A to combine their incomes.

[GARLAM 0]

my parent have to include my son . is that mean that household is 4 people

I just a little bit confuse how to count household member

[KayDeeCee 4,896]

i get I130 approval but now I am start I485 application now, now I confuse about I 865, financial sponsor , my parent is our sponsor , my mom has 23000 income my father has 6000 this year , is that enough to meet the line and this my son is born so my son will include to the household

Ok, let us break this down. For your I-864, it would be you, your spouse and your child for a household of 3. I am guessing you do not make enough to cover a household of 3, so you are asking your parents to joint sponsor. Your parents need to have enough combined income for their own household size plus the intending immigrant. Do your parents claim anyone as dependents on their taxes? If not, they would only need enough for a household of 3 as well, themselves plus your spouse. For a household of 3, they would need $23,862. Here are the poverty guidelines: http://www.uscis.gov/files/form/i-864p.pdf

Your parents have a combined income to cover up to a household of 4. If there are more than 4, then they could try and use assets to make up the difference, which would be calculated at 5 times the shortcoming, or you need to find a new joint sponsor that does qualify.

[KayDeeCee 4,896]

my parent have to include my son . is that mean that household is 4 people

I just a little bit confuse how to count household member

Did your parents claim you or your child on their 2011 taxes? If not, you are not included in their household size.

From the I-864 instructions:

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise to use their income and resources in support of the intending immigrant(s).

[GARLAM 0]

No, it is not, but if i need my parent to be my sponsor of my wife, 29000 is enough or not?

[KayDeeCee 4,896]

No, it is not, but if i need my parent to be my sponsor of my wife, 29000 is enough or not?

I posted the link above to the poverty guidelines and stated that combined they have enough for a household of up to 4. I posted from the instructions about how to count household size and tried to explain a little bit. Only you can know what their household size is. If it is just the 2 of them with no other dependents claimed on their taxes, then they only need enough for a household of 3, which I posted above is $23,862. If they have another dependent, then they still have enough for a household of 4 which is $28,812. If they have more dependents that makes their household size 5 or more, then no, they do not have enough. Household of 4 or less, then yes, they have enough.

[GARLAM 0]

thank you so much Jay-Kay

[GARLAM 0]

so do I need to fill out I864 form ? cause I am the petitioner of my wife I130

[GARLAM 0]

my question is I don't have enough income to be a sponsor of my wife, if i want to use my parent income to sponsor my wife, do I need to fill out I864 form? if I don't need to fill out I864 form, when my parent fill out the form, which letter they use check a to f in part 1 of I864

[KayDeeCee 4,896]

my question is I don't have enough income to be a sponsor of my wife, if i want to use my parent income to sponsor my wife, do I need to fill out I864 form? if I don't need to fill out I864 form, when my parent fill out the form, which letter they use check a to f in part 1 of I864

Yes, you must fill out your own I-864, no matter what your income is. You are the petitioner and primary sponsor. You check a. Your joint sponsor checks d.

[GARLAM 0]

when i mom check d and my father fill out I864a FORM then their income can be combine ?

[KayDeeCee 4,896]

when i mom check d and my father fill out I864a FORM then their income can be combine ?

Yes. If you look at the I-864 form, #24 b and c and d are all about combining the income from someone filling out an I-864A. Also, look on the I-864A there is a place there where your mother's name will need to be printed and she needs to sign on the I-864A too, Part 2 #13 and 14. On #8 of the I-864A your father will mark c. and spouse.