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Part 5. Sponsor’s Household Size, please HELP!

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I need help calculating the household size for I-864.

Here is a brief description of my case: My wife (US Citizen) and I lived abroad for the last two years. We just came back to the U.S. two weeks ago. We got married last week, and none of us have jobs yet (well, I can’t have a job yet, for obvious reasons). I entered the U.S. with a k1 visa, and I am now applying for AOS. In the meantime, we are living at her parents’ house for awhile.

Ok, my wife will sign an I-864 as a primary sponsor, although she will enter $0 as her current individual annual income. My mother-in-law will sign the I-864 as a joint sponsor. IS THAT OK TO DO, RIGHT?

Ok, here’s the problem, when calculating my joint sponsor (my mother-in-law) affidavit, PART 5. Sponsor’s household size.

My wife is a joint sponsor’s daughter. Although she is older (24), and is not claimed as dependent in her parents’ last Federal income tax return, she resides in the same domicile (She just got back from abroad)

1. Would that make four of us (My wife, her two parents and me) for the I-864 household size requirement?

2. Will she be counted as “any other dependent”? (Question 5., Part 5) or not?

I am really concerned, because I don’t want to count the wrong number of people. It’s either 3 or 4 people for the household size. To me, my wife shouldn’t be counted as she is not under 21, and her parents are not financially responsible for her. BUT, my wife doesn’t have a job or home yet, so technically her parents are providing her with food and lodging in the meantime. In addition, The US-CIS may realize they both live in the same house, and since my wife’s current income is 0, I think they might see that a little bit tricky.

Thanks a lot!

12-10-2013 K1 Visa Approved
01-15-2014 POE
01-23-2014 Wedding
02-07-2014 Filed AOS, EAD and AP
02-12-2014 NOA for AOS, EAD and AP
02-20-2014 Biometrics Appt. Letter for 03/07/2014
03-07-2014 Biometrics Appt. Successfully done
04-14-2014 EAD Card production
04-15-2014 AP approved. Notice sent.
04-17-2014 EAD Card was mailed
04-17-2014 (one hour later) USPS picked up card
04-22-2014 EAD Card/AP documents in hand!
06-05-2014 Notice of potential interview waiver received.
11-24-2014 GC Update: Card/Document production
12-01-2014 I-797 Notice of Action/Welcome Letter Received!
12-03-2014 GC received!!!

08/29/2016 Filed Remove of Conditional status
08/31/2016 Received NOA for ROC

02/23/2018 Lifting conditions approved. Card being ordered

03/02/2018 GC received.

 

Local Office: Milwaukee, WI

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

no, you wife will file an i864 as primary sponsor, the household size is 2, you and her and she signs her own affidavit of support and a letter stating why she didn't file taxes.

her mother will file another i864 as joint sponsor and household size for her i864 will be 3, herself, her husband and you

her mother has to make enough for a household of 3

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