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Filed: Other Country: United Kingdom
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Posted

Hi all,

Quick question.

I am currently in the midst of completing I-864 forms. As we are using my wife's mom's income to meet the requirements, and as my wife has recently moved back home with her parents, we are doing this both with mom as joint-sponsor and mom as household member. We thought we would cover all bases to be ready for eny eventuality at interview.

We get how to calculate household size for joint-sponsor purposes but we are a little baffled on how to complete this when using the I-864A.

The main concern is that;

My wife is not on her mom's tax returns and, thus, is not formally a dependent. When we move to the States we will be finding employment and hope to only live with wife's family for a month or so. So in terms of the I-864A stream, my wife will put on her I-864 that her household size is me, herself, and- selecting 21g (parents with same principle address combining income and submitting I-864A)- her mom, i.e. 3. Thus her mom's income only needs to be enough to support 3 people. However, her mom's current household is herself, her husband, and her daughter (wife's younger sister). Taking that into account her actual household, including my wife and I, would be 5. Our issue is not whether she has enough income to support 3 or 5 household members, as she has enough to support both. Our issue is; should this somehow be represented in household size under option 21g when my wife fills in the I-864 when using her mom's income as a household member?

It seems like a loophole that if using the I-864A stream her mom could have, say, 10 other dependent children but need only have enough income to support herself, the immigrant, and the immigrants petitioner.

Thanks in advance

Posted

Having mom fill out a I-864 would make it much easier. You are right that I-864A can get the household count wrong in cases like this. You said she qualifies either way so have her fill out I-864.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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