I-864 - Household Size question...

[Fishychips 0]

Hey everyone. Just a quick question regarding Part 5 of the I-864, 'Household Size'. Forgive me if it's a stupid question, doubtless it's been answered before, but I haven't found the answer to it yet and it's stressing me out a little...

Basically, I married on a K1 and for now, am living with my wife, at her parent's home. Also living here is their dependent son (my wife's brother). So, there's 5 of us living here. My wife doesn't quite earn quite enough to 'sponsor' me independently for the AOS, so her mother who also works is acting as Joint Sponsor. We're therefore submitting two I-864's.

So here comes the rub... Due to the wording on the 'Household' question I can't see how to avoid getting different totals for the household size!!! See below:

On my wife's, it runs:
Persons you are sponsoring (ie. me) ( 1 )
Persons Not Sponsored...
Yourself ( 1 )
If you are married, Spouse ( 0 - as listing me again would be a duplicate - confused me at first but researched it)
Dependent children ( 0 )
Any other dependents ( 0 )
Any siblings, parents, adult children in same residence combining their income with yours ( 1 - her mother )

So we get a grand total of 3, because it doesn't let us list anyone living there *unless* they fit into a specific category. Her dad and brother are not my wife's dependents, nor are they combining any income for the AOS as her mother is doing that. So, we have two people invisible on the list.

On the other AOS (her mother's) we're able to list all 5, because the same two fit into Spouse and Dependent Child.

In other words, two AOS's, one address, two different Household Size numbers. Any ideas? I'd hate to receive an RFE after submitting this lot due to some immigration official thinking it's an inconsistency... Any help would be VERY welcome!

[KayDeeCee 4,896]

They are filling out their own separate I-864 forms. Her mother is not included your wife's household count because they are not combining incomes. Her household size is 2, just the 2 of you.

Her mother only includes herself, any spouse, any minor dependent children, anyone else she claimed on her taxes, plus you. Whatever that comes out to is her mom's household count. Her mom's household size will not necessarily match your wife's.

Household size is not simply based on where someone lives. The I-864 instructions has details on this topic.

[Fishychips 0]

They are filling out their own separate I-864 forms. Her mother is not included your wife's household count because they are not combining incomes. Her household size is 2, just the 2 of you.

Her mother only includes herself, any spouse, any minor dependent children, anyone else she claimed on her taxes, plus you. Whatever that comes out to is her mom's household count. Her mom's household size will not necessarily match your wife's.

Household size is not simply based on where someone lives. The I-864 instructions has details on this topic.

Thanks, I understand now. However, one thing you said threw me a little.... (I've read the instructions and have a book on the process, but sometimes the directions can be clear as mud when you want them in plain English).

You say my wife's household size would be the two of us, OK. Makes sense. However, Part 5 box 7 reads "OPTIONAL: If you have siblings, parents or adult children with the same residence who are combining their income with yours by submitting form I-864A, enter number here." The 864A is a 'Contract between Sponsor and household member' where a designated Household Member basically agrees to support me financially if needed. So to be sure I understand you right here.... Her mother is NOT applicable in that box, and the I-864A isn't needed? Just the second I-864?

Edited May 17, 2013 by Fishychips

[KayDeeCee 4,896]

You stated in your first post that two I-864 forms were being used, not an I-864A. The separate I-864 for the joint sponsor instead of the I-864A as a household member is a better choice for your situation. It is easier to keep track of and get the correct household count that way. Your wife only includes the mom in her count IF the mom was filling out an I-864A instead of her own I-864. Her mom needs enough income to meet the 125% requirement for her own household size plus the intending immigrant(you).

[Fishychips 0]

Fortunately she does. Two I-864's certainly does seems a more logical way of doing it than an I-864 and I-864A, and now that I'm getting my head around it I see that the I-864A would only really make sense if either's tax return mentioned the other (which they don't). Whew. All becomes clear...

Thanks for your help.