Co-sponsor or Household Member?

[ksalmon 0]

Hello!

I've been quietly watching the forums for a while and I now have a question that I can't seem to find an answer for. It might be a little stupid, but I'd like to err on the side of caution.

I filed an I-130 for my husband in January of this year, and I want to have as much ready as possible beforehand if/when my petition is approved. My situation is a little complicated. For the last 3.5 years I've only worked part time because I was a full time student. I only made about $3,600 in 2012. I graduated from college in December and have, since graduating, maintained full time hours at my job. While it doesn't pay much, I'm making substantially more money although it doesn't meet the 125% poverty mark. I live with my parents (my mom and step-father) for the time being. Now here's where all the questions come in.

My mom earned about 33,000 this last year. My step-father gets Social Security Disability due to a back injury he received at his job. From what I understand SSDI can be used towards income. His income is about 21,000. I know I can--or at least I believe I can-- add both my parents to my household income and have them file an I-864A. However, when my parents file their taxes, (Married filing jointly) my mom claims my sister and my nephew, both of whom do not live in our house. They do not, however, claim me or my husband on their taxes. It seems as though I wouldn't enter my sister and nephew into my household number when I fill out the I-864, but does that change if my parents claim them both on their taxes? Also, they both would file separate 1-864As correct? And since I am now making more money than before (about $13,000 a year), do I put in my current projected yearly income with paystubs attached, or do I still enter the amount on my 2012 W2s (and possibly attach paystubs with an explanation)?

As of right now I am actually in line for a higher position with my company. If promoted, I would no longer live with my parents and would earn enough to support myself and my husband without a sponsor, earning around $32,000 a year. However, my recent taxes would not reflect the change in income so should I have a co/joint-sponsor anyway? I was planning on attaching copies of recent paystubs to reflect the change in income but since it would be very recent I would be worried that they would reject it. So here's the second series of questions. In the event that I move, my parents have agreed to help me sponsor my husband. Since they are married, do I have each of my parents file a separate I-864, or do they file one together?

I hope it's not terribly confusing. Any and all help is greatly appreciated.

[Cathi 5,632]

The only question I can answer for sure is that SSDI can be used as income on the I864. I used it for income on the affidavit of support for my husband, and it was accepted. Good luck, I am sure others will chime in for your other questions.

[ksalmon 0]

The only question I can answer for sure is that SSDI can be used as income on the I864. I used it for income on the affidavit of support for my husband, and it was accepted. Good luck, I am sure others will chime in for your other questions.

Thank you so much for confirming that. I was almost certain, but I just wanted to make sure.

[VikingMamma 2]

I would use them as a joint sponsor if you plan on moving out once you get a new position... but I don't know that you should trust my answer as I haven't been through the I864 process yet. I'm actually in a slightly similar situation to you, so I'll be interested to read what everyone says. That being said, I'm using my mom as a joint sponsor, not a household member.

[Penguin_ie 5,989]

Just because you live with your parents doesn;t mean they are household members, especially as neither of you claimed the other on taxes.

My suggestion is:

- I864 from you (obviously), with a household of two- you and your husband

- I-864 from your mom as joint sponsor, with a household of 5: her, her husband, the two dependants listed on tax return and the new immigrant.

- I-864A from your dad as household member of your mom.

[darling&eddy 0]

Thanks for the reply everyone.

[ksalmon 0]

Just because you live with your parents doesn;t mean they are household members, especially as neither of you claimed the other on taxes.

My suggestion is:

- I864 from you (obviously), with a household of two- you and your husband

- I-864 from your mom as joint sponsor, with a household of 5: her, her husband, the two dependants listed on tax return and the new immigrant.

- I-864A from your dad as household member of your mom.

Thank you for the reply. The I-864 just says a household member is "a relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling..." so I wasn't really sure if the way they file taxes determines it.

For my mom's I-864, she does include her income plus my dad's, right? Just making sure.

I was planning on just making her my joint sponsor anyway just to be on the safe side. I guess that's the best bet.

[ngo3361 8]

Just because you live with your parents doesn;t mean they are household members, especially as neither of you claimed the other on taxes.

My suggestion is:

- I864 from you (obviously), with a household of two- you and your husband

- I-864 from your mom as joint sponsor, with a household of 5: her, her husband, the two dependants listed on tax return and the new immigrant.

- I-864A from your dad as household member of your mom.

That was exactly what I did when my husband filed I-130 for me. My uncle is the joint-sponsor. He is married filling jointly and claims my grandmom (who lives with him) on the tax return. So his household is 4: him, his wife, his mom, and me.

[mopan 1]

i agree with queen penguin. your mother will be your joint sponsor and your father will be considered her household member so he will do the i-864a (when it asks for the sponsors info on his papers you would list your mom since he is considered his household member). you and your mom would file i-864. on your form the household size would just be you and your husband. there forms would include the other family members they claim as dependants.

[pushbrk 12,330]

Hello!

I've been quietly watching the forums for a while and I now have a question that I can't seem to find an answer for. It might be a little stupid, but I'd like to err on the side of caution.

I filed an I-130 for my husband in January of this year, and I want to have as much ready as possible beforehand if/when my petition is approved. My situation is a little complicated. For the last 3.5 years I've only worked part time because I was a full time student. I only made about $3,600 in 2012. I graduated from college in December and have, since graduating, maintained full time hours at my job. While it doesn't pay much, I'm making substantially more money although it doesn't meet the 125% poverty mark. I live with my parents (my mom and step-father) for the time being. Now here's where all the questions come in.

My mom earned about 33,000 this last year. My step-father gets Social Security Disability due to a back injury he received at his job. From what I understand SSDI can be used towards income. His income is about 21,000. I know I can--or at least I believe I can-- add both my parents to my household income and have them file an I-864A. However, when my parents file their taxes, (Married filing jointly) my mom claims my sister and my nephew, both of whom do not live in our house. They do not, however, claim me or my husband on their taxes. It seems as though I wouldn't enter my sister and nephew into my household number when I fill out the I-864, but does that change if my parents claim them both on their taxes? Also, they both would file separate 1-864As correct? And since I am now making more money than before (about $13,000 a year), do I put in my current projected yearly income with paystubs attached, or do I still enter the amount on my 2012 W2s (and possibly attach paystubs with an explanation)?

As of right now I am actually in line for a higher position with my company. If promoted, I would no longer live with my parents and would earn enough to support myself and my husband without a sponsor, earning around $32,000 a year. However, my recent taxes would not reflect the change in income so should I have a co/joint-sponsor anyway? I was planning on attaching copies of recent paystubs to reflect the change in income but since it would be very recent I would be worried that they would reject it. So here's the second series of questions. In the event that I move, my parents have agreed to help me sponsor my husband. Since they are married, do I have each of my parents file a separate I-864, or do they file one together?

I hope it's not terribly confusing. Any and all help is greatly appreciated.

You file an I-864, mom her own I-864 and stepdad an I-864a. Your income being combined with theirs would serve no purpose as they qualify without your income.

Your parents would not include you in their household but would include all actual dependents. Your household is only the two of you.

Edited February 14, 2013 by pushbrk