I-864 questions

[Neal851 3]

Hey , i have few questions regarding my mother-in-law's petition for her Mother. She has filed i-864 and her Son who is living in the same house as a household member has filed i-864A. 

Her son's income is more than the poverty guide line. Still  mumbai (India) consulate has denied her case. They are asking for other Joint sponsor or other Household sponsor etc. 

 

So i just want to make sure that we did everything right.

 

(1)  As per my understanding that  every Petitoner has to file his/her own I-864 , even though they make zero income. Is this right ?

(2)  If the petitoner's income is not enough(or $0 income) then they can use the household member's income by using I-864A ?

 

So what should we do now ? Can we call NVC or DOS or Consulate and ask them or tell them everything is correct ? Please share ur knowledge. Appreciated any help.

[Jo Së 200]

The other household member's income needs to meet the 125% poverty guideline for at least 3 people: the household member, your mother-in-law, and her mother.  If there is more people that live in the house they must be included as well, in that case the poverty guidelines requirements go up.

[geowrian 22,338]

9 minutes ago, Neal851 said:

(1)  As per my understanding that  every Petitoner has to file his/her own I-864 , even though they make zero income. Is this right ? 

(2)  If the petitoner's income is not enough(or $0 income) then they can use the household member's income by using I-864A ?

1. Yes
2. Yes

9 minutes ago, Neal851 said:

So what should we do now ? Can we call NVC or DOS or Consulate and ask them or tell them everything is correct ? Please share ur knowledge. Appreciated any help.

The CO makes a decision based on the totality of the circumstances regarding the public charge concern. It sounds like the CO was not satisfied with the sponsors' income/assets. Just meeting the minimum level does not guarantee anything.

If the beneficiary is not of working age, they may be concerned about healthcare costs as well.

NVC has no say in the decision...they did an initial review of the I-864 but the CO makes the final call.

As for what's next, find a joint sponsor per the consulate's instructions.

[Neal851 3]

3 minutes ago, geowrian said:

1. Yes
2. Yes

The CO makes a decision based on the totality of the circumstances regarding the public charge concern. It sounds like the CO was not satisfied with the sponsors' income/assets. Just meeting the minimum level does not guarantee anything.

If the beneficiary is not of working age, they may be concerned about healthcare costs as well.

NVC has no say in the decision...they did an initial review of the I-864 but the CO makes the final call.

As for what's next, find a joint sponsor per the consulate's instructions.

Hey geowrian , thanks for ur great input.  First time in the Consulate interview they have the same concern of her health related expenses in the future  because of her old age(78).So they have asked for Medical Insurance for the beneficary and told them they will Issue the Visa once they will submit it. Now after submitting Medical Insurance ,they have denied and asked for another joint sponsor.  Her son's (who is house hold member sponsor) Income  is $240,580 for last year for total household size 6 ,which is i think more than enough to cover the beneficiary's medical expenses if needed. 

[geowrian 22,338]

1 minute ago, Neal851 said:

Hey geowrian , thanks for ur great input.  First time in the Consulate interview they have the same concern of her health related expenses in the future  because of her old age(78).So they have asked for Medical Insurance for the beneficary and told them they will Issue the Visa once they will submit it. Now after submitting Medical Insurance ,they have denied and asked for another joint sponsor.  Her son's (who is house hold member sponsor) Income  is $240,580 for last year for total household size 6 ,which is i think more than enough to cover the beneficiary's medical expenses if needed. 

Makes sense on the first refusal on the health related expenses...but I'm surprised they are not accepting $240k in income as being suitable. That's quite unusual. I know India is pretty strict with the public charge concern, but that's far above the minimum...weird.

 

@pushbrkthoughts?

[pushbrk 13,117]

What would it look like if the son with the high income simply provided an I-864 as the only "joint sponsor" instead of as a household member?  Do his last three tax returns all look good?  If so, that's the way to go, instead of combining income.

[Neal851 3]

17 minutes ago, pushbrk said:

What would it look like if the son with the high income simply provided an I-864 as the only "joint sponsor" instead of as a household member?  Do his last three tax returns all look good?  If so, that's the way to go, instead of combining income.

Oh i just checked his last 3 years income in i-864A.  Its 95k in 2015 , 65k in 2016 and 240k in 2017. His income is growing since he is buying more businesses. 

May be CO is not satisfied because his income coming from Businesses ? 

[pushbrk 13,117]

1 minute ago, Neal851 said:

Oh i just checked his last 3 years income in i-864A.  Its 95k in 2015 , 65k in 2016 and 240k in 2017. His income is growing since he is buying more businesses. 

May be CO is not satisfied because his income coming from Businesses ? 

That's possible.  His "income" will come from line 22 of his personal 1040.  Is that where you are getting those figures?

[Neal851 3]

On 10/11/2018 at 10:19 PM, pushbrk said:

What would it look like if the son with the high income simply provided an I-864 as the only "joint sponsor" instead of as a household member?  Do his last three tax returns all look good?  If so, that's the way to go, instead of combining income.

Hey , as u stated above , can the Son file i-864 as a Joint Sponsor instead of i-864a , even though they live in the same house ?

[Neal851 3]

On 10/11/2018 at 10:42 PM, pushbrk said:

That's possible.  His "income" will come from line 22 of his personal 1040.  Is that where you are getting those figures?

Yes  he used that line.

[pushbrk 13,117]

2 hours ago, Neal851 said:

Hey , as u stated above , can the Son file i-864 as a Joint Sponsor instead of i-864a , even though they live in the same house ?

Yes.  That's why I suggested it.  Living in the same house is not an issue.  The I-864a is used when you NEED to combine income with a household member, or it's a couple filing joint tax returns.  Just because people live in the same house does not mean they MUST be part of the same household, in this context.  It means if the relationship qualifies, they MAY combine income.  No need, no do.