I-864 household size joint sponsor

[JessicaandGerard 0]

While preparing our paperwork on the things we have to do after getting married on a K1 we have come across a question that we are not sure what to answer on.

Question 21 asks for the household size. We are already aware that we do not count the immigrant fiance as spouse but we count him as the person being sponsored. I file my daughter as a dependent on option D and my mother ( who is joint sponsor ) will be checked as option G, a parent who I am combining income with to meet the poverty line. This means the total household size is 4.

Now the question is, what does my mother check? Obviously she checks box A for the immigrant fiance, box B for herself and box G because she's combining her income with mine. My daughter is a dependent on my tax return so she doesn't check her on her I-864. This means the household size is 3.

Is it a problem that the household size is different and if so, what are we missing?

Another question is, does she have to live at the same address as us to be eligible as a joint sponsor?

And lastly a small question regarding the 1st question. I think we've got it settled but if someone could confirm this it would help ease our minds a little. Do I as the sponsoring fiance check 1a "I am the petitioner. I filed or am filing for the immigration of my relative." and does my mom check 1d "I am the only joint sponsor." ?

Edited April 9, 2013 by JessicaandGerard

[KayDeeCee 4,895]

While preparing our paperwork on the things we have to do after getting married on a K1 we have come across a question that we are not sure what to answer on.

Question 21 asks for the household size. We are already aware that we do not count the immigrant fiance as spouse but we count him as the person being sponsored. I file my daughter as a dependent on option D and my mother ( who is joint sponsor ) will be checked as option G, a parent who I am combining income with to meet the poverty line. This means the total household size is 4.

Now the question is, what does my mother check? Obviously she checks box A for the immigrant fiance, box B for herself and box G because she's combining her income with mine. My daughter is a dependent on my tax return so she doesn't check her on her I-864. This means the household size is 3.

Is it a problem that the household size is different and if so, what are we missing?

Another question is, does she have to live at the same address as us to be eligible as a joint sponsor?

And lastly a small question regarding the 1st question. I think we've got it settled but if someone could confirm this it would help ease our minds a little. Do I as the sponsoring fiance check 1a "I am the petitioner. I filed or am filing for the immigration of my relative." and does my mom check 1d "I am the only joint sponsor." ?

You would only check g. for her if she was filling out the I-864A as a household member to combine her income with yours in order for you to meet the 125%. If she does not live with you, this is not even possible. If she has enough income for her own household size plus the intending immigrant, then she would just fill out an I-864. It is easy to keep the household sizes straight that way. Yes, on your I-864 you would check a. for #1 and she would check d. on her I-864.

Your household size would be 3: yourself, child and intending immigrant. Her household size would be 2: herself and the intending immigrant, if she is not married and has no other dependents.

[JessicaandGerard 0]

She does live with us on the same address, but there are plans to move out in the near future. Also she only filed taxes for herself thus no dependents. I filed my daughter on my own taxes so I have 1 dependent.

But I still don't quite understand your reasoning.

Option G says "OPTIONAL: If you have siblings, parents or adult children with the same principal residence who are combining their income with yours by submitting form I-864A, enter the number here."

Would that not imply that I do check option G because my parent is combining her income with mine and she checks G because she's combining her income with an adult child? Since she is filling out an I-864 to help me meet the 125%, she would indeed have to check option G and therefor my household size would come up to 4. (Me, daughter, intending immigrant and parent that combines income to meet 125%)

But again, since she would not be checking option D for my daughter, her household size would come up to 3.(Her, intending immigrant and me, her daughter, that combines income to meet 125%)

Would that difference in household size become a problem at some point? We don't understand it..

Or am I misunderstanding the purpose of option G, I thought this was to specify you have a joint sponsor which you write down at question 24 where they ask for detailed information on income.

[JessicaandGerard 0]

Oh boy now I'm even more confused. Now I see there is a I-864 and an I-864A..

Guess it's back to the drawing boards because now I REALLY don't know which files I need to submit and which my mom needs to submit.

My guess is I file the I-864 and my mom files the I-864A. Thanks for the help, I'll check back later if we run across any problems with the I-864A.

So with her filing an I-864A I'm pretty sure I check box G and the household size will come up to 4.

Edited April 10, 2013 by JessicaandGerard

[Nich-Nick 3,354]

If mom makes enough on her own for 2 people, she can do an I-864 no matter if she lives with you or not. That would be

You: I -864, household 3 (not enough to qualify) put nothing on 24b

Mom: I -864, household 2 (enough to qualify) put nothing on 24b

There is no combining this way. Mom is the joint sponsor who qualifies.

If Mom doesn't make enough on her own, and neither do you, you can COMBINE your incomes if you live in the same house.

You: I-864, list Mom's income on your #24b (combined income is enough to qualify)

Mom: I-864A which is like a permission slip that says it's ok with her for you to list her income on your form and she will help sponsor an immigrant.

Edited April 10, 2013 by Nich-Nick

[JessicaandGerard 0]

So my moms household size would be just her and my husband totaling for 2 if she files her own I-864 and my household size would be 3 (me, daughter and husband).

She does make enough money on her own but I think we will still go with the I-864A route because she has also been a joint sponsor for the I-134 forms.

I will file my I-864 and, since I'm a student I don't make enough money at the moment, I will list my mom's income under #24b and then she will file the I-864A to confirm the fact she is willing to help sponsor my husband and confirming her income with a tax return and assets etc. That means I will also check the box at #21g because she's a parent living in the same household that's filing an I-864A. Total household size would be 4 that way right?

If she moves later on I have seen she can let the USCIS know that she has moved and things will be fine that way as well. As long as she still lives with us when we file for AOS and send in the I-864 documents.

Thank you for the information, it's a lot more clear now.

[Nich-Nick 3,354]

She does make enough money on her own but I think we will still go with the I-864A route because she has also been a joint sponsor for the I-134 forms.

I don't think that has anything to do with the current situation. But either way is an acceptable way of doing it. Prove her citizenship and relationship to you, and you have the same address as the instructions say if going the combined way.

Who May Be Considered a "Household Member" for Purposes of This Form?

For purposes of this form, 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;

Edited April 10, 2013 by Nich-Nick

[KayDeeCee 4,895]

So my moms household size would be just her and my husband totaling for 2 if she files her own I-864 and my household size would be 3 (me, daughter and husband).

She does make enough money on her own but I think we will still go with the I-864A route because she has also been a joint sponsor for the I-134 forms.

I will file my I-864 and, since I'm a student I don't make enough money at the moment, I will list my mom's income under #24b and then she will file the I-864A to confirm the fact she is willing to help sponsor my husband and confirming her income with a tax return and assets etc. That means I will also check the box at #21g because she's a parent living in the same household that's filing an I-864A. Total household size would be 4 that way right?

If she moves later on I have seen she can let the USCIS know that she has moved and things will be fine that way as well. As long as she still lives with us when we file for AOS and send in the I-864 documents.

Thank you for the information, it's a lot more clear now.

As Nich-Nick said, having been the co-sponsor with the I-134 for the K-1 makes no difference in which I-864 form she should fill out now. The two affidavits are not related at all.

She can fill out her own I-864 and be the joint sponsor, qualifying with enough income for a household size of 2. Or she can fill out the I-864A to combine her income with yours as your household member, and you can qualify with enough combined income to cover a household size of 4.