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Filed: K-1 Visa Country: Netherlands
Timeline
Posted

I'm having a little difficulty understanding household size for I-864 and I-864A even though I've read the instructions for both...

I am employed with insufficient income for poverty guidelines and live w/ my mom who is co-sponsoring for my fiance. I am not dependent on my mom for support. My fiance will not be accompanied by any other individuals when he comes to U.S. and is the only one being sponsored/petitioned for.

So here are my questions: when the time comes to file I-864 and I-864A...

1. Who is included in household size for Part 5 on the I-864? Would it be 3 total - Me, my mom, and my fiance? Or 2 and who would be the 2?

2. On the I-864A (As my mom's income is not sufficient on its own without assets) what would be the total household size for hers and who?

3. If my total is 3 and mom's is 2, which poverty guidelines am I going by? For a household of 2 or a household of 3?

Thanks!! happy.png

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Does your consulate specifically state they require the I-864 for a K-1? The I-134 is typically used for a K-1 and the I-864 is not needed until after you are already married and the foreign spouse is filing for AOS.

You fill out an I-134 and provide supporting documentation. Your co-sponsor fills out their own I-134 and provides their supporting documentation. The co-sponsor needs to qualify on their own for their household size plus the beneficiary.

If you have no dependents the household size for you is 2, yourself and your fiance. If your co-sponsor is not married and has no other dependents, then their household size is also 2, your mom and your fiance.

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

Filed: Citizen (apr) Country: Portugal
Timeline
Posted

I always thought household number was meant for those filing taxes. So, if you and your mom file independently, then you count as separate households regardless of the fact you live together. I may be completely wrong on this, though, so if I am, hopefully someone will come along and correct this.

Anyway, if I'm right, then your mom counts as a household of 1, just herself, while you would count as 2, you and your fiance. I don't know, when filing a I-134 as a co-sponsor, if you have to count the people you're sponsoring as well. In that case, it would be your mom and your fiance. I think. :P

(Sorry, not very helpful, just trying to help and hopefully someone will come in and set it all straight.)

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

No one will have a household size of only one. If you have no dependents, then it will be at least 2, the sponsor or co-sponsor plus the foreign fiance(e).

The I-864 instructions explain it best : Page 8, #3 > http://www.uscis.gov/files/form/i-864instr.pdf

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.

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

Filed: Citizen (apr) Country: Portugal
Timeline
Posted

Very cool - thanks. :)

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

Filed: K-1 Visa Country: Netherlands
Timeline
Posted

Thank you both for the responses ^_^

I'm good on the I-134 info; was wondering how to determine household size for the up-coming I-864 and I-864A per my situation as I was confused by the instructions I had read. So, if I am reading this right...

"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."

I would count myself and my future spouse only for the I-864, and my mom would count herself and my future spouse also for the I-864A... so both forms would equal 2 total if I am understanding this correctly...?

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

You will fill out your I-864 and your mom will fill out her own I-864. She would only fill out an I-864A if the two of you are combining incomes in order to qualify. If you do it that way, the 2 of you together would need enough for a household size of 3, for all of you. If she has income on her own for a household of 2, then it is best for her to just use her own I-864 since neither of you are dependents of the other.

~ Moved from K-1 Process to AOS from Family Based Visas- topic is about the I-864 for AOS ~

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

  • 1 year later...
Filed: AOS (pnd) Country: Germany
Timeline
Posted

different question in the same topic - didnt wanna open a new one.

heres our situation.

my wife - the us citizen - is going to med schoold and lives off of fed student loans. that doesnt count as income.

so we need a co sponsor.

her mom is doing it. she makes roughly 28k a year - as shown in her taxpapers.

the 2014 taxes she filed jointly with her NOW ex husband (divorce happened in april).

she now lives alone. but the tax papers show a joint filing.

how to calculate?

after calling uscis 3 times we also got 3 different informations. the last guy told us that my wife (the us citizen with non sufficient income) has to be counted into her moms affidavit too.

so here are my calculations which i am unsure of:

option A:

1 immigrant (me)

1 sponsor (her mom)

0 currently married (because currently she is divorced)

householdsize = 2

option B:

1 immigrant (me)

1 sponsor (her mom)

1 dependent child (my wife - lives on student loans)

0 currently married (because currently she is divorced)

householdsize = 3

option C:

1 immigrant (me)

1 sponsor (her mom)

1 currently married (she currently is divorced but the taxpapers show a joint filing)

householdsize = 3

option D:

1 immigrant (me)

1 sponsor (her mom)

1 currently married (she currently is divorced but the taxpapers show a joint filing)

1 dependent child (my wife, lives on student loans)

household size = 4

this is crazy :D

who can help me pretty please? we got a request for further evidence regarding the affidavits so this is where something went wrong and im trying to figure out how to count. apparently im too dumb. yes - i have read the instructions numerous times.

 
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