Affidavit of Support Confusion

[sluchie88 1]

Hi all,

 

I submitted my packet to USCIS Guangzhou on September 14th for Direct Consular Filing. We have not heard anything back yet (they said wait 60 days before contacting them), but I fully expect to get a request for the I-864 Affidavit of Support. I'm trying to get a jump on it so it's ready to go when we get the request. My income here in China is above the poverty line for a household of 2 (it's a pretty low bar to clear, tbh). Despite that fact, I would like to have my mom joint sponsor because I am working in China, which means that to move to the US I'd have to look for work and will be unemployed for a little while. I'm having trouble finding guides and help for how to fill this in with a joint sponsor, so here are my main questions:

 

1. My mom and I both need to submit an I-864, right? I would would be the principal sponsor and she would be the joint sponsor.

2. Do I need to combine mine and my mother's income on the form, or keep them separate?

3. Do I need to count my mom as part of my household if she is a joint sponsor?

4. Does my wife need to fill in her assets on both forms?

5. Are there any forms that need to be filled in with the I-864?

 

Thanks!

 

[geowrian 22,337]

1. Yes.
2. Two responses...
   1. The incomes are separate for a joint sponsor. You cannot combine incomes across sponsors.
   2. Your effective income is $0 unless the income will continue from the same source upon return to the US (which doesn't sound like the case here).
3. No. Who to count or not count is laid out on the I-864 and its instructions. A joint sponsor's household size is independent from yours (although it is possible for an overlap of some people).
4. Assets are optional. If you are using a joint sponsor to qualify, there is no point is listing assets IMO.
5. The most recent year's US federal income tax return is required for any sponsor. Evidence of any income and assets claimed on the I-864 also needs to be supported by evidence (i.e. a pay stub + employment letter for a typical employee).

Edited October 9, 2018 by geowrian

[sluchie88 1]

Thank you! I few more questions to clarify, if you don't mind
 

Quote

1. Your effective income is $0 unless the income will continue from the same source upon return to the US (which doesn't sound like the case here).

So this means that even though I have income here in China, because I will move to the US, USCIS will consider my income to be $0, right?

 

 

 

1 hour ago, geowrian said:

No. Who to count or not count is laid out on the I-864 and its instructions. A joint sponsor's household size is independent from yours (although it is possible for an overlap of some people).

The household size is a big point of confusion for me. It's just my wife and I, no children or anything. So our household size is 2. For my mom, she lives alone so hers is 1. But because she's the joint sponsor, would that make her household size 2 because she's joint sponsoring my wife? Or even 3 to include me?

 

She's joint sponsoring 1 immigrant. On page 3, part 4, it asks for the number of immigrants being sponsored (1). Then on page 5, section 5, number 8, it auto-fills to a household size of 2 when we add my mom to the form. This is what's causing most of the confusion.

 

 

 

Edited October 9, 2018 by sluchie88

[geowrian 22,337]

8 minutes ago, sluchie88 said:

So this means that even though I have income here in China, because I will move to the US, USCIS will consider my income to be $0, right?

Unless the income will continue from the same source when you return to the US, the eligible income for the I-864 is $0. They are looking (as required by the INA) to mitigate the chance for the beneficiary to become a public charge. Income earned that won't continue once she comes to the US cannot be used to support her after she arrives.

 

Quote

The household size is a big point of confusion for me. It's just my wife and I, no children or anything. So our household size is 2. For my mom, she lives alone so hers is 1. But because she's the joint sponsor, would that make her household size 2 because she's joint sponsoring my wife? Or even 3 to include me?

Correct, assuming no other individuals claimed on taxes, no people petitioned previously with a current I-864, etc. In most cases it would be just 2 for a spouse with no kids.

It would be 2 - herself plus the intending immigrate. She doesn't need to be able to support you. There are some atypical circumstances where you would still be counted in her household (i.e. if claimed on taxes as a dependent last year), but you are not automatically included in her household size.

 

Quote

She's joint sponsoring 1 immigrant. On page 3, part 4, it asks for the number of immigrants being sponsored (1). Then on page 5, section 5, number 8, it auto-fills to a household size of 2 when we add my mom to the form. This is what's causing most of the confusion.

Correct. #1 is 1 (your spouse) and #2 is 1 (herself). All others are likely 0 (but read each to confirm). This makes the total 2.

Edited October 9, 2018 by geowrian

[sluchie88 1]

Thank you!

[Ryan H 3,818]

Moved from IR-1/CR-1 Progress Reports to DCF Discussion.

[sluchie88 1]

I have an update on our situation. We got our approval notice from USCIS today, and my petition was approved. They did not request any additional information. Does this mean we do not need the Affidavit of Support?

[geowrian 22,337]

2 hours ago, sluchie88 said:

I have an update on our situation. We got our approval notice from USCIS today, and my petition was approved. They did not request any additional information. Does this mean we do not need the Affidavit of Support?

Congrats!

 

No, the Affidavit of Support is not reviewed for the petition. That's needed for the visa, which is the next step in the process.

[Jorge V 195]

2 hours ago, sluchie88 said:

I have an update on our situation. We got our approval notice from USCIS today, and my petition was approved. They did not request any additional information. Does this mean we do not need the Affidavit of Support?

The process for DCF varies somewhat by country, but the Affidavit of Support is generally requested during the interview.

[sluchie88 1]

9 hours ago, geowrian said:

Congrats!

 

No, the Affidavit of Support is not reviewed for the petition. That's needed for the visa, which is the next step in the process.

 

9 hours ago, Jorge V said:

The process for DCF varies somewhat by country, but the Affidavit of Support is generally requested during the interview.

Alright, thank you both! Glad I checked before pulling the plug on getting the affidavit ready haha