Dependents? AOS i-485 Affadavit of Support i864 Household size

[laluzdelaman 0]

My husband entered on a K1 visa and we are now submitting his AOS. I had a baby in February so I have been out of work since then.
My husband, baby and I live with my mom in her home. We pay our own bills and she does not claim any of us as a dependent. I do not have the income or assets to sponsor my husband alone so my mom is the joint sponsor. When I fill out the household size on the i-864, I get 3-my husband, myself, and baby. When we fill it out for my mother, it is only 2-herself and my husband. Should she be including me and the baby as well even though we are not claimed as dependents and we pay our own bills and even some rent? She has more than enough to support all of us, but the fact is that she doesn't. My income is only $7500 for the year, so they will probably wonder how it is possible that we are not dependents. My husband brought some money with him, I had a little saved, and he has won a few thousand dollars here in the US in races. And we've used our credit cards. So we've managed to get by. Should I explain this? Or Include us in my mom's household size anyways?

[teeak 224]

Since you guys live in the same household, your mom has the option of completing an I-864A instead. You would complete an I-864 and include your mom in the household size and she would complete an I-864A. That way, you both would combine your income since you say she earns more than enough for all of you.

http://www.nolo.com/legal-encyclopedia/what-household-members-should-know-before-signing-the-form-i-864a-contract.html

To qualify as a household member, you must be at least 18 years old and fall into one of these categories:

• you are the sponsor’s spouse or dependent on last year’s taxes (even if you don’t actually live with the sponsor), OR
• you are the sponsor’s father, mother, adult child, brother or sister, and you do live with the sponsor.

If you just want her as a joint sponsor then she would complete an I-864 and include herself and your husband. It doesn't matter that you don't earn much money and its not necessary to explain. They just want to see that the joint sponsor will make enough money so the intending immigrant does not become dependent on the government.

Edited December 22, 2015 by teeak

[laluzdelaman 0]

Thank you. So do you think it matters if we do the i864 or i864a? Ive already filled out the i864 so id like to submit that.

[teeak 224]

Thank you. So do you think it matters if we do the i864 or i864a? Ive already filled out the i864 so id like to submit that.

It shouldn't make a difference since both are acceptable. Since you've already completed the I-864 then you can just continue with that.

[KayDeeCee 4,896]

If she is not married and has no other dependents she claims on her taxes, then yes, t is correct that her household is only 2, herself and the intending immigrant. Just use the I-864 for her as the joint sponsor.