Support Affidavit

[Thatchi 0]

Okay...first things first...

1- i live w/ my inlaws...so there are 4 total people in the household, how do i know what will be the funds necessary to cover the 125% over poverty line?

2- if my hubby will have to use his assets to prove he is able to support me, can i still use de EZ form?

3 - What exactly can be used as an asset (like cars, collectable and other stuff not specified??)

[YuAndDan 153]

The in laws are not his dependents so they don't count, only his dependents count, so that will be you and any children you may have, so the count is 2.

You can use the I-864EZ only if earned income is above the poverty line by 125%, so if his income is above that line for 2 people then use that form. It only requires tax transcripts for past 1 to 3 years.

Assets can not be used with form 864EZ.

I live in the same home as my parents, they are not my dependents, so I only count myself and my spouse on the affidavit of support.

If you do use I-864 and assets, anything you use needs documented proof of value, to show value, only use assets if income is less than 125% poverty line, assets are worth 1/3 of income, so $1 of income is worth $3 of assets. so for example id 125% poverty line is lets say 15000, and income is 13000, then 6000 in assets are needed to make the difference.

Edited November 17, 2006 by YuAndDan

[Thatchi 0]

The in laws are not his dependents so they don't count, only his dependents count, so that will be you and any children you may have, so the count is 2.

You can use the I-864EZ only if earned income is above the poverty line by 125%, so if his income is above that line for 2 people then use that form. It only requires tax transcripts for past 1 to 3 years.

Assets can not be used with form 864EZ.

I live in the same home as my parents, they are not my dependents, so I only count myself and my spouse on the affidavit of support.

I don;t undertand...on the form I864 (4 on B) it asks for the number of people related to you by birth that live in the same household to determine the household size...wouldn't my in laws count there?

My husband made around 30k on 05 so i know it is enough for two, but what about 4?

[YuAndDan 153]

I don;t undertand...on the form I864 (4 on B) it asks for the number of people related to you by birth that live in the same household to determine the household size...wouldn't my in laws count there?

My husband made around 30k on 05 so i know it is enough for two, but what about 4?

They are talking about dependents, only count the people that he counted as dependents on his tax return last year, if you look at tax form 1040 see how many dependents are on the form that is the number of people in his household. Parents are not counted as his dependents, and wont count on form I-864, only his dependents, like if he has children.

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).

I-864

30,000 is more than enough income for you and your husband, use I-864EZ, and dont count his parents, agaon he dose not claime them as his dependents on his taxes.

[Thatchi 0]

I don;t undertand...on the form I864 (4 on B) it asks for the number of people related to you by birth that live in the same household to determine the household size...wouldn't my in laws count there?

My husband made around 30k on 05 so i know it is enough for two, but what about 4?

They are talking about dependents, only count the people that he counted as dependents on his tax return last year, if you look at tax form 1040 see how many dependents are on the form that is the number of people in his household. Parents are not counted as his dependents, and wont count on form I-864, only his dependents, like if he has children.

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).

I-864

30,000 is more than enough income for you and your husband, use I-864EZ, and dont count his parents, agaon he dose not claime them as his dependents on his taxes.

Okay...thank you!!

Another thing, i know i only need one year of income tax/w2, but is it better to add more years? And do i have to send anything for 06 yet?? And where do i finde the poverty guideline?

[YuAndDan 153]

Okay...thank you!!

Another thing, i know i only need one year of income tax/w2, but is it better to add more years? And do i have to send anything for 06 yet?? And where do i finde the poverty guideline?

Just past year's filing is needed (2005), but if you feel past 3 years will help your case, then can include them. As for 2006, not until you file the 2006 return do you need to provide any info there, so if you do your AOS next year after filing taxes then you can use the 1040 and W2. If you feel that this year's income info will help, that is where the letter from employer, and copies of recent pay stubs come in.

For tax info order tax transcripts from the IRS, they are free, and can be attached to the I-864 in place of the 1040, and w2 forms. http://www.irs.gov/faqs/faq1-6.html

[john_and_marlene 162]

The in laws are not his dependents so they don't count

There is not enough information given. The in laws might be dependents. He never said they were self-supporting.

his dependents count, so that will be you and any children you may have, so the count is 2.

If there are children, the count is not 2

They are talking about dependents, only count the people that he counted as dependents on his tax return last year, if you look at tax form 1040 see how many dependents are on the form that is the number of people in his household.

That is not always true. It is possible to have child dependents not on the tax return.

[Thatchi 0]

I just wanted to explain the situation better...

We live in my inlaws home....but they are self supporting (we live here because his mom just cannot think about having her baby moving out...thank God my inlaws are like my own parents....)

We (hubby and I) have no kids, and the only dependant he has will be me!!

So....i can use the EZ form and only have to list 2 as the household total?

Edited November 17, 2006 by julieubie

[YuAndDan 153]

I just wanted to explain the situation better...

We live in my inlaws home....but they are self supporting (we live here because his mom just cannot think about having her baby moving out...thank God my inlaws are like my own parents....)

We (hubby and I) have no kids, and the only dependant he has will be me!!

So....i can use the EZ form and only have to list 2 as the household total?

You are absolutely correct, the parents do not count, they are not dependents counted on the petitioner's taxes. So it is just you and your husband that count on the I-864EZ form. Also don't get confused by the spouse line on that form, you will not list your spouse there, they are considered to be the Immigrant on the form. So the count for you is just 2 on the form.

Good luck.

Edited November 17, 2006 by YuAndDan

[Thatchi 0]

I just wanted to explain the situation better...

We live in my inlaws home....but they are self supporting (we live here because his mom just cannot think about having her baby moving out...thank God my inlaws are like my own parents....)

We (hubby and I) have no kids, and the only dependant he has will be me!!

So....i can use the EZ form and only have to list 2 as the household total?

You are absolutely correct, the parents do not count, they are not dependents counted on the petitioner's taxes. So it is just you and your husband that count on the I-864EZ form. Also don't get confused by the spouse line on that form, you will not list your spouse there, they are considered to be the Immigrant on the form. So the count for you is just 2 on the form.

Good luck.

Thank you sooo much!! i was going crazy trying to get official info on any "assets" he has, but it should be okay!!

By the way, what is the poverty line for 2 ?

[Yodrak 7]

julieubie,

Are you looking at the current I-864 or an earlier version? The current I-864 has much better instructions and no longer says simply to include people related who live in the same residence. Under the current rule the related people in the residence count only if they are dependent on you or if you want them to count.

Yodrak

I don;t undertand...on the form I864 (4 on B) it asks for the number of people related to you by birth that live in the same household to determine the household size...wouldn't my in laws count there?

My husband made around 30k on 05 so i know it is enough for two, but what about 4?

[Thatchi 0]

julieubie,

Are you looking at the current I-864 or an earlier version? The current I-864 has much better instructions and no longer says simply to include people related who live in the same residence. Under the current rule the related people in the residence count only if they are dependent on you or if you want them to count.

Yodrak

I don;t know, cannot remember when i printed it, but believe was a couple months ago.

I just printed the I-864EZ so guess i should be okay now

Thanks for all the help

[YuAndDan 153]

Thank you sooo much!! i was going crazy trying to get official info on any "assets" he has, but it should be okay!!

By the way, what is the poverty line for 2 ?

125% of poverty line for 2 is 16,500 in the 48 States, 20,635 in Alaska, and 18,975 in Hawaii.

I-864P