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Posted

I am so confused as to how to fill out the Affidavit of Support with our situation. I am a USC living with USC Husband and LPR Mother-in-Law. My Mother-in-Law has petitioned her daughter. And I am the original sponsor of my Mother-in-Law. On our taxes for 2014 we listed my Mother-in-Law as a dependent, along with my 2 children. What is the best way to fill out the I-864 and I-864A for my sister-in-law (who is being petitioned by Mother-in-Law)?

Here is the scenario: unemployed LPR Mother with self-employed USC Son and employed Daughter-in-Law and 2 grandchildren; LPR Mother has petitioned her underage child

Does the LPR Mother submit I-864 with Household Size as 2 (her and child she is petitioning), listing her income as $0, writing a letter stating she is unemployed as the reason for not filing taxes

AND I fill out I-864 (since I earn more than the USC Son) with Household Size as 5 (for self, husband, LPR Mother-in-Law who is listed as a dependent in 2014 1040, and 2 dependent children), USC Son fills out I-864A as Household Member and since he is self-employed, he fills out I-864A as the Household Member?

Also, on the IRS section of the I-864 do I fill out my INDIVIDUAL income? And my husband also fills out his I-864A with his INDIVIDUAL income? We filed jointly for the past 3 yrs.

2008

Aug - k1 issued

Sept - marriage

Adjustment of Status

I-485, I-131, I-765 sent: 9/18

NOAs for forms - all rec'd 10/24

Biometrics appt letter - rec'd 11/01; walk-in 11/12

EAD approved 12/22; card production 12/24

AP 12/22 approved; 12/29 received in mail

2009 3/6 AOS interview: approved!

2011 ROC

Submitted I-751 01/20/2011

NOA1 01/24/2011

Biometrics Letter rec'd 02/07/2011

Biometrics Appointment 2/28/2011

ROC approved 4/11/2011

Filed: Country: Vietnam (no flag)
Timeline
Posted

Hi,

MIL files an I-864 as the Sponsor/Petitioner. She list her income as zero and includes a letter stating that she is not required to file because she had no income.

You file an I-864. Your household count is 6 - you, husband, MIL, 2 kids, and the intending immigrant. Husband files an I-864a as your household member. Each of you will report only your income on your separate AOS.

Best of luck.

Posted

Thanks! Does MIL list her household number as 2 or 1?

2008

Aug - k1 issued

Sept - marriage

Adjustment of Status

I-485, I-131, I-765 sent: 9/18

NOAs for forms - all rec'd 10/24

Biometrics appt letter - rec'd 11/01; walk-in 11/12

EAD approved 12/22; card production 12/24

AP 12/22 approved; 12/29 received in mail

2009 3/6 AOS interview: approved!

2011 ROC

Submitted I-751 01/20/2011

NOA1 01/24/2011

Biometrics Letter rec'd 02/07/2011

Biometrics Appointment 2/28/2011

ROC approved 4/11/2011

Filed: Timeline
Posted

Does the LPR Mother submit I-864 with Household Size as 2 (her and child she is petitioning)

Yes if LPR mother in law is unmarried.

AND I fill out I-864 (since I earn more than the USC Son) with Household Size as 5 (for self, husband, LPR Mother-in-Law who is listed as a dependent in 2014 1040, and 2 dependent children), USC Son fills out I-864A as Household Member and since he is self-employed, he fills out I-864A as the Household Member?

Yes. Your husband only needs to do I-864A if your income is not enough.

Also, on the IRS section of the I-864 do I fill out my INDIVIDUAL income? And my husband also fills out his I-864A with his INDIVIDUAL income? We filed jointly for the past 3 yrs.

What is the "IRS section of the I-864"? In the part that asks for your current individual income, put your current individual income. The current household income is the sum of your current individual income and the current income of your husband if you decide to count his income.

In the quetion that asks for the "total income" number on your tax returns, you put exactly the number it says on the "total income" line on your tax returns, no matter how you filed. Since you filed jointly, this will be the "total income" number on your joint tax return, so it should be the same on your I-864 and his I-864A.

Filed: F-2A Visa Country: China
Timeline
Posted

Hi,

MIL files an I-864 as the Sponsor/Petitioner. She list her income as zero and includes a letter stating that she is not required to file because she had no income.

You file an I-864. Your household count is 6 - you, husband, MIL, 2 kids, and the intending immigrant. Husband files an I-864a as your household member. Each of you will report only your income on your separate AOS.

Best of luck.

Could it be like this?:

MIL files I-864 as the sponsor, no income, the household size is 6; nm123 files an I-864a as MIL's household member; if the income is still no sufficient, Husband files another I-864a.

F2A JOURNEY STATUS


Based on the filing date, AOS package sent on 10/06/15.



USCIS


Vermont Service Center


10/07/14 : NOA1 (Priority Date)


08/26/15 : NOA-T (Electronic Transfer notice to California Service Center)


09/08/15 : NOA-T (California Service Center received, displayed in system)


09/28/15 : NOA2 ( I-130 Approved in system)


10/02/15 : NOA2 ( I-130 Approval Letter Arrived in Mail)



National Benefits Center


10/01/15 : Priority Date is before that Filing Date


10/06/15 : AOS package (I-485 I-131, I-765) is sent


10/16/15 : Receive date of I-485, I-131, I-765, noticed by email&text


10/16/15 : Check been deposited


10/20/15 : NOA of I-485, I-131, I-765


10/25/15 : NOA for Biometrics appointment. Date set for 11/05/15


11/05/15 : Biometrics appointment FP


01/02/16 : Submit online 1st SR for EAD


01/22/16 : Submit online 2nd SR for EAD


02/03/16 : I-131/765 approved (115 days) EAD/AP status online changed to "card production ordered".


02/10/16 : EAD/AP card received in mail


04/01/16 : Priority date current, nothing happens


05/11/16 : I-485 status online changed to "Ready to be scheduled for an interview"


05/14/16 : Received NOA about the interview appointment on 06/08/16


06/08/16 : Interview @ USCIS Field office (Officer told us it's approved. Online system is still unchanged.)


xx/xx/xx : I-485 Approved


xx/xx/xx : Green Card Received (x Year GC)


 
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