Sponsor's Household Size

[SierraTenTango 37]

Hey there, please help me with replying to one of the questions on Affidavit of Support (I-864).

 

First a few facts:

- My husband is living with his parents since this year (he moved from Idaho to Florida to live with them) - he's the first sponsor but he does not have enough income to sponsor me.

- My father in law will be a joint sponsor.

- My mother in law will be a household member.

 

So my question is how to fill out the Sponsor's household size part both in my husband and my father in law I-864? (Part 5)

Because at first, I thought that my husband household size would be me, him and his two dependent children so 4. Then my father in law would fill out I-864 and put me, him, his wife. So it would be 3. 

But now I am not sure what to do. Since they are living together should my husband put his parents in as well which would make a household size 7 and on my father in law 4? (Because kids do not live wit my husband therefore they do not live with joint sponsor).

 

Or maybe since they are living together now both father in law and mother in law should fill out I-864A?

 

 

Additionally, husband's sister was living with them as well up till last month. She was as a dependant on my father in law's lat tax return but now she is not living with them anymore. Should we add her too then?

[geowrian 22,337]

Technically the FIL can be a joint sponsor (I-864) or household member (I-864A), but generally it's preferable to be a household member when somebody is eligible (household members can combine incomes with the sponsor, a joint sponsor cannot joint income with the primary sponsor/petitioner).

The biggest exception coming to mind is if the primary sponsor has no income (or under ~$5,000/person/year), since that would lead to a larger household size with no/less extra income being considered.

 

If your father completes an I-864 as a joint sponsor...

* FIL's wife files an I-864A as a household member (not strictly required but often requested)

* Petitioner's household size: Himself + immigrant sponsored  + any under-21 children + any dependents claimed on the most recent year's tax return + any others with an active I-864 in the past. So this is likely "4" since he has 2 children. He does NOT need to include his parents unless he claimed them on his taxes as dependents.

* FIL's household size would be: Him + his wife + immigrant sponsored + any under-21 children + any dependents claimed on the most recent year's tax return + any others with an active I-864 in the past. So this is likely "4" since the SIL was claimed as a dependent on the most recent tax return.

 

If your father completes an I-864A as a household member:

* FIL's wife files an I-864A as a household member (not strictly required but often requested)

* Petitioner's household size: Himself + immigrant sponsored  + any under-21 children + any dependents claimed on the most recent year's tax return + any others with an active I-864 in the past + household members submitting an I-864A. So this is likely "7" since he has 2 children and there would be 2 household members providing an I-864A + the SIL being claimed as a dependent.

* Income considered would: Petitioner's income + FIL's income + FIL's wife's income.

[aleful 1,905]

hi

 

no, you are correct, unless his parents are his dependents and he declared them on his taxes, then they aren't counted as part of his households

 

even if they live in the same house, that doesn't mean that they are part of the household size

 

if sister in law was on her dad's taxes, then as his dependent she must be counted as part of his household size

 

I believe father in law and wife can both file the i864A

 

someone can correct me if I'm wrong

 

your husband will file the i864 as sponsor

[SierraTenTango 37]

1 hour ago, geowrian said:

Technically the FIL can be a joint sponsor (I-864) or household member (I-864A), but generally it's preferable to be a household member when somebody is eligible (household members can combine incomes with the sponsor, a joint sponsor cannot joint income with the primary sponsor/petitioner).

The biggest exception coming to mind is if the primary sponsor has no income (or under ~$5,000/person/year), since that would lead to a larger household size with no/less extra income being considered.

 

If your father completes an I-864 as a joint sponsor...

* FIL's wife files an I-864A as a household member (not strictly required but often requested)

* Petitioner's household size: Himself + immigrant sponsored  + any under-21 children + any dependents claimed on the most recent year's tax return + any others with an active I-864 in the past. So this is likely "4" since he has 2 children. He does NOT need to include his parents unless he claimed them on his taxes as dependents.

* FIL's household size would be: Him + his wife + immigrant sponsored + any under-21 children + any dependents claimed on the most recent year's tax return + any others with an active I-864 in the past. So this is likely "4" since the SIL was claimed as a dependent on the most recent tax return.

 

If your father completes an I-864A as a household member:

* FIL's wife files an I-864A as a household member (not strictly required but often requested)

* Petitioner's household size: Himself + immigrant sponsored  + any under-21 children + any dependents claimed on the most recent year's tax return + any others with an active I-864 in the past + household members submitting an I-864A. So this is likely "7" since he has 2 children and there would be 2 household members providing an I-864A + the SIL being claimed as a dependent.

* Income considered would: Petitioner's income + FIL's income + FIL's wife's income.

But can they combine their incomes if they didn't live together for a whole year and no at all last year?

[geowrian 22,337]

2 minutes ago, SierraTenTango said:

But can they combine their incomes if they didn't live together for a whole year and no at all last year?

The requirement to be a household member and use the I-864A agreement is they must be currently living in the same residence and be an eligible family member (parents are).

[SierraTenTango 37]

1 minute ago, geowrian said:

The requirement to be a household member and use the I-864A agreement is they must be currently living in the same residence and be an eligible family member (parents are).

Ah I see, so if we would do my husband as a sponsor and his parents as household members we would have household size 7 and we would have to have not less than $47,575. But if we would do my FIL as a joint sponsor with the household 4 we would need $31,375. 

[geowrian 22,337]

5 minutes ago, SierraTenTango said:

Ah I see, so if we would do my husband as a sponsor and his parents as household members we would have household size 7 and we would have to have not less than $47,575. But if we would do my FIL as a joint sponsor with the household 4 we would need $31,375. 

Essentially yes (assuming those are the right income numbers...I haven't verified them personally but they seem about right).

With the household size of 7, you have 3 eligible incomes (petitioner + FIL + MIL). With the household sized of 4 (joint sponsor path), you have 2 eligible incomes (FIL + MIL).

[SierraTenTango 37]

1 minute ago, geowrian said:

Essentially yes (assuming those are the right income numbers...I haven't verified them personally but they seem about right).

With the household size of 7, you have 3 eligible incomes (petitioner + FIL + MIL). With the household sized of 4 (joint sponsor path), you have 2 eligible incomes (FIL + MIL).

Thanks a lot. I will talk to my family and see which will be better for us then

[SierraTenTango 37]

1 hour ago, geowrian said:

Essentially yes (assuming those are the right income numbers...I haven't verified them personally but they seem about right).

With the household size of 7, you have 3 eligible incomes (petitioner + FIL + MIL). With the household sized of 4 (joint sponsor path), you have 2 eligible incomes (FIL + MIL).

But I do have one more concern. Since the SIL will NOT combine her income even though she has one what should we do? Leave her income as 0? But if we put her in she has to fill out I-864a as well? I'm confused...

[geowrian 22,337]

4 minutes ago, SierraTenTango said:

But I do have one more concern. Since the SIL will NOT combine her income even though she has one what should we do? Leave her income as 0? But if we put her in she has to fill out I-864a as well? I'm confused...

She is included in the household size but doesn't need to be included in the household income or provide any documents (including an I-864/I-864A).

Edited September 2, 2018 by geowrian

[SierraTenTango 37]

1 minute ago, geowrian said:

She is included in the household size but doesn't need to be included in the household income or provide any documents (including an I-864/I-864A).

Yes that would make sense, yet in the form it says under part 5 point 7: "If you have any siblings, parents (...) who are combing their income with yours (...)"

 

She is not. And she isn't really his dependant so he can't put her in number 5 as well. 

[geowrian 22,337]

16 minutes ago, SierraTenTango said:

Yes that would make sense, yet in the form it says under part 5 point 7: "If you have any siblings, parents (...) who are combing their income with yours (...)"

 

She is not. And she isn't really his dependant so he can't put her in number 5 as well. 

She would either fall under #4 or #5, depending on if she's under 21 or not.

 

From the I-864 instructions (https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf😞

"Item Number 4. Type or print the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns.

 

Item Number 5. Type or print the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if, in fact, you did support that person and claimed the person as a dependent."

[Kwiecia 6]

15 hours ago, geowrian said:

She would either fall under #4 or #5, depending on if she's under 21 or not.

 

From the I-864 instructions (https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf😞

"Item Number 4. Type or print the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns.

 

Item Number 5. Type or print the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if, in fact, you did support that person and claimed the person as a dependent."

 

As for number 4: It's says "unmarried children you have". His sister is not his child. So she can't be over there. Unless it means you have in the household?

[geowrian 22,337]

9 hours ago, Kwiecia said:

 

As for number 4: It's says "unmarried children you have". His sister is not his child. So she can't be over there. Unless it means you have in the household?

True. Once married, you are not automatically considered in the household due to age (and if I misread the relationship between them, sorry!).

But #5 would still apply since she was claimed on the most recent year's tax return as a dependent.

Edited September 3, 2018 by geowrian

[SierraTenTango 37]

6 hours ago, geowrian said:

True. Once married, you are not automatically considered in the household due to age (and if I misread the relationship between them, sorry!).

But #5 would still apply since she was claimed on the most recent year's tax return as a dependent.

Oh... Yes, but on my father in law's tax return. Not my husband's.