"Accompanying Dependent"? In i 864?

[M&M0915 0]

Hi

I am torned if I have to complete the i 864 ..

I am the intending immigrant, currently working,,, my USC husband's income will not meet the required income so im thinking to put my income as well..and it says no need to complete i 864 if "no accompanying deoendent", my USC husband also completed separate i 864 & i 130 for my daughter(my husband's stepchild)

Would you consider my daughter as "accompanying dependent? Or NOT since she has her own i130 petition and separate i 864?

Please advice. Thank you very much

[Transborderwife 4,666]

You cannot use your income. I'm not sure how to answer your other question

[M&M0915 0]

You cannot use your income. I'm not sure how to answer your other question

Thanks for your reply @ transborderwife

[Opalpopal 2]

You cannot use your income. I'm not sure how to answer your other question

Yes they can!

Just list it in your I-864 as income, it is easy enough...

[M&M0915 0]

Yes they can!

Just list it in your I-864 as income, it is easy enough...

Thanks for the input @opalpopal

Would you know if my daughter will be considered as "accompanying dependent"? She has her own i130 petition & i 864 completed by USC step father...

Thanks

[AB loves AG 54]

Yes they can!

Just list it in your I-864 as income, it is easy enough...

No, the beneficiaries income can't be used. You will need a cosponsor if your husband doesn't meet the requirement.

[newacct 688]

On the I-864 for you, you are the intending immigrant. No form is needed to include your income if it is legal and can continue after becoming a permanent resident.

On the I-864 for your daughter, you are just the sponsor's household member. You are not a sponsored immigrant. You need to fill out an I-864A if the sponsor needs to include your income.

Edited October 18, 2015 by newacct

[M&M0915 0]

On the I-864 for you, you are the intending immigrant. No form is needed to include your income if it is legal and can continue after becoming a permanent resident.

On the I-864 for your daughter, you are just the sponsor's household member. You are not a sponsored immigrant. You need to fill out an I-864A if the sponsor needs to include your income.

Thank you a@newacct!

Would you know if it's true(i've read somewhere) that I don't need to include my daughter as part of household size if she has her own i 130 petition?(for the i 864 that my USC husband is completing for me(wife)

And the same way..when my husband is completing my daughter's i 864...i assume my husband have to include me in household size as spouse right?

It's confusing to me..im sorry..and thank you for all the advices

[AB loves AG 54]

You posted in the Adjustment of Status forum, are you still in your country? If so, you are not adjusting status. Household size = USCIS + you + stepchild = 3

[M&M0915 0]

You posted in the Adjustment of Status forum, are you still in your country? If so, you are not adjusting status. Household size = USCIS + you + stepchild = 3

@AB loves AG, we all live here in US, the 3 of us.(me, my daughter & my USC husband)

Thanks for your input

[GazaSlimaz 43]

Hi

I am torned if I have to complete the i 864 ..

I am the intending immigrant, currently working,,, my USC husband's income will not meet the required income so im thinking to put my income as well..and it says no need to complete i 864 if "no accompanying deoendent", my USC husband also completed separate i 864 & i 130 for my daughter(my husband's stepchild)

Would you consider my daughter as "accompanying dependent? Or NOT since she has her own i130 petition and separate i 864?

Please advice. Thank you very much

no..she is not considered accompanying dependent..I made that mistake when completing Affidavit of Support.

[newacct 688]

Thank you a@newacct!

Would you know if it's true(i've read somewhere) that I don't need to include my daughter as part of household size if she has her own i 130 petition?(for the i 864 that my USC husband is completing for me(wife)

And the same way..when my husband is completing my daughter's i 864...i assume my husband have to include me in household size as spouse right?

It's confusing to me..im sorry..and thank you for all the advices

The sponsored immigrants are the ones on the petition. So There would be 1 sponsored immigrant on each I-864. However, that doesn't mean you won't be counted in the household size on your daughter's I-864 and vice versa.

On your daughter's I-864, you are definitely counted as the sponsor's spouse, so the household size is 3. On your I-864, the question is whether your daughter counts as a "dependent child" of the sponsor or not. If she is, then she would be counted in the household size (making the household size 3); if not, she would not be counted (making the household size 2). I am not sure about whether your daughter currently counts as a "dependent chlid" of your husband. There were some people on VisaJourney who responded to a question about someone doing I-864 for CR-1/IR-1 visa and they said the step-child should not be counted as a dependent child. I am not sure whether that is correct, and I am not sure if the same logic would apply to your situation where you are adjusting status and you guys are already living together.

[KayDeeCee 4,893]

Why do people continue to state that the immigrant's income cannot be used? The I-864 instructions are very clear on this matter. If the intending immigrant is working in the US legally, and their income will continue from the same source once they become a permanent resident, then their income can be used on the USC spouse/sponsor's I-864.

Did the USC sponsor already include the stepchild as a dependent on his taxes? If not, then they are not a dependent yet and not counted on the foreign spouse's I-864. As already stated, the foreign spouse will be counted on the stepchild's I-864.

[AB loves AG 54]

Oopsie, I thought the I864 only allowed the sponsors income, I wasn't aware the immigrant could add his or her income in the total.

[M&M0915 0]

no..she is not considered accompanying dependent..I made that mistake when completing Affidavit of Support.

Thank you @sashie&sani. For sharing your experience.truly appreciate it