I-864A - Household size

[J-DWs 0]

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 any 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

[Nich-Nick 3,354]

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 any 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.

Thanks in advance

Simple way:

Wife I864. Zero income (unless she has found a job) Don't add family income of her Mom, even if living there.

Family size-wife, immigrant=2

Mom I864

Family size: Mom, Dad, younger daughter, immigrant = 4

Mom must clearly show her separate income is enough if she filed a joint tax return with Dad. She does that with employer letter, pay stubs, her W2.

If Mom doesn't make enough on her own, Mom can add Dad's income on #24b as Mom's household member. If she puts Dad's income on 24b, then Dad will complete an I864A to attach to Mom's I864. Include proof Mom is a USC or permanent resident.

Edited January 27, 2013 by Nich-Nick

[J-DWs 0]

Thanks for response.

Pretty much cleared it up.

However, one other question;

In what you have described, and where mom files taxes jointly but exceeds income requirements to be the only sponsor, what should be entered on Question 23 "My current individual annual income is...", question 24c "Total household income" and Question 25 "Federal income tax return information".

As far as I understand it I enter her individual annual salary supported by evidence from pay stubs and employment contract on Question 23, repeat that figure for question 24c, and then I put total income on joint-tax return for three years into each line of question 25. For the latter I provide mom's W-2s to prove her individual income.

Is that correct? Is the discrepancy between incomes in Q25 and Q24c/Q23 OK?

Again, many thanks for responding.

Edited January 27, 2013 by J-DWs

[Nich-Nick 3,354]

Thanks for response.

Pretty much cleared it up.

However, one other question;

In what you have described, and where mom files taxes jointly but exceeds income requirements to be the only sponsor, what should be entered on Question 23 "My current individual annual income is...", question 24c "Total household income" and Question 25 "Federal income tax return information".

As far as I understand it I enter her individual annual salary supported by evidence from pay stubs and employment contract on Question 23, repeat that figure for question 24c, and then I put total income on joint-tax return for three years into each line of question 25. For the latter I provide mom's W-2s to prove her individual income.

Is that correct? Is the discrepancy between incomes in Q25 and Q24c/Q23 OK?

Again, many thanks for responding.

23 is her separate current income multiplied out to be a year's worth at that rate. If she had a raise and it's today higher than her 2012 w2 states, prove it with employer letter or pay stubs.

If you follow the form, 24a is taken directly from 23. It says so. " List your income from line 23 of this form."

Line 24c is an addition problem. "(Total all lines from 24a and 24b" . If 24b is blank, then 24c=24a=23

I take question 25 at face value. What does your tax return say? It doesn't say split out your income or the like. I personally took the numbers straight off the returns. My numbers were vastly different than 23-24. My third most recent was a joint return with my deceased spouse. I didn't explain it. It was my tax return, albeit joint with another person. The income was over $100k more than line 23. I included a transcript so they knew it was joint with a former spouse. Even my filing single most recent return was higher than I reported on 23 because tax returns show investment earning too, which I did not bother to report on Line 23. I only needed about $18k to qualify so just used monthly income for #23 and included a letter from the source of the income...like an employer letter. So that was my personal interpretation for my unique situation based on taking the questions at face value and not twisting it to maybe something they "might" have in mind. #25 come straight from the tax return and not from a calculator. I was never questioned or given an RFE.

[J-DWs 0]

Thanks for your help.

Interview is on 4th of Feb so I'll report back on how it goes.

All the best