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Filed: K-1 Visa Country: Philippines
Timeline
Posted

She filled out I-864 and I-864A --- though apparently she did not need to. My misunderstanding. I am not a dependent on her taxes nor is she a dependent on mine. Therefore I wonder if it is possible to eliminate her as a joint sponsor and a household member and simply make it about my wife and I as a family of two, for which I have more than income to meet the requirement.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

She filled out I-864 and I-864A though it now appears that she dd not have to and I did not need her as a joint sponsor. I am not a dependent on her taxes and she is not a dependent on mine. I misunderstood. I thought you had to count everyone who resided in the house as part of the family. If i can count only myself and my wife as family who are a separate unit despite residing in the same house as my mother then my income in well above the poverty level + 25% threshold for a family of two. I may have inadvertently over-complicated all of this. Good to know. (I guess I am learning from experience. Unfortunately this is not an experience I am ever going to repeat so what I have learned will have little future application).

I am wondering if it is too late to revise or amend my AOS to reflect the true nature of my living arrangements or if I am stuck with what I originally presented.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Yes, you misunderstood. The I-864 instructions explain how to count your household size. It is not about who lives with you or not. If you needed to use her income, she would have filled out either an I-864 or an I-864A, not both. I think you are correct in thinking you may have over complicated your case.

You seem to have been given an RFE at your interview, correct? You have a certain number of days to turn in the evidence of income the IO was wanting to see. So, fill out a new I-864 and do not include your mother on it at all. Provide your same evidence of income for the SSDI as you did before, and then add in the extra check copies the IO was asking for. Include a statement that you misunderstood the directions and your mother is not your dependent, therefore should not have been listed on your I-864 so you have redone the whole thing correctly showing enough income for yourself and wife.

Another form of co-mingling evidence you can use in lieu of a lease or mortgage, have your mother write an affidavit attesting to the fact that you and your wife reside together in her home. If your wife has a drivers license or state ID, make copies of her ID and your ID showing the same address on both. Anything you can think of that has both your names on it, even correspondence from friends and family addressed to you both as a couple.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
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