Petition approved, what's next? he is here, does it matter?

[Griselita 0]

since it can be very confusing since some of the instruction only states, people in the house.....

in a simply way, household size IS the quantity of persons who depends on my salary and it is under 21yo, including my self.

 

no matter how many people live in this house, that is the reason why i got confused, because in some parts states some unclear specifications, only who depends on me, that's it?

[geowrian 22,337]

4 hours ago, Griselita said:

since some of the instruction only states, people in the house.....

Where does it say anything about people in the house? I found no such language in the I-864.

 

There can be members who live with you and that you have an agreement with (they need to complete an I-864A), in which case you count them in your household size. But again, this is only for eligible people who are completing an I-864A to join income/assets with.

 

4 hours ago, Griselita said:

in a simply way, household size IS the quantity of persons who depends on my salary and it is under 21yo, including my self.

It's who is or could be dependent upon your income.

The "could be" is included as it covers unmarried children under 21 (or local age of majority) even if you don't have custody of them or any child support agreements/orders. It also covers anybody previously sponsored with an active I-864, even if you are not currently supporting them.

 

"Part 5. Sponsor’s Household Size

Add together the number of persons for whom you are financially responsible. Some of these persons may not be residing with you. "

 

4 hours ago, Griselita said:

no matter how many people live in this house, that is the reason why i got confused, because in some parts states some unclear specifications, only who depends on me, that's it?

Check page 7 of the instructions: https://www.uscis.gov/system/files_force/files/form/i-864instr-pc.pdf

This describes how to complete Part 5 on the I-864. If you fill in each section correctly, the household size is just adding up the numbers.

The key point is not to count anybody more than once. For example, if you are sponsoring your spouse, enter "0" for #3 because they would already be counted in #1 (# people people being sponsored).

[Griselita 0]

Quote

Where does it say anything about people in the house? I found no such language in the I-864. "

it is not exactly mentioned that way, my mistake i did fast read it, household, members, household
member’s income...   i just came from filling lot of insurance forms and since they ask for everybody who live wiht me no matter if they are grown or minors....   my bad, i just mixed it all

 

"Part 5. Sponsor’s Household Size

Add together the number of persons for whom you are financially responsible. Some of these persons may not be residing with you. "

that is my answer.

 

i am 2k below the minimum, if i get a salary increase that put me over the minimum, can i immediately fill it the forms or do i need a minimum time with that salary?

 

Thank you.

[geowrian 22,337]

11 minutes ago, Griselita said:

i am 2k below the minimum, if i get a salary increase that put me over the minimum, can i immediately fill it the forms or do i need a minimum time with that salary?

Technically, once you exceed the minimum income level requirement and have evidence of that (i.e. at least 1 paycheck), you can file it.

 

That said, in practice I would not be hopeful in actually being approved in that case. They tend to want to see at least some stable history at that income level, although I have seen exceptions.

It's hard to say too much on this point as it really depends on the circumstances...somebody with a stable work history is different than somebody who has been hopping around jobs or often unemployed, which is different than a new college graduate (I've seen plenty of success in this case with a short sufficient-income history).

 

Also, being borderline above the minimum probably won't cut it (idk what level of increase you are expecting). The IO makes a public charge decision based upon the totality of the circumstances (https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf). That worksheet should give a general idea of what are the main positive and negative factors that they consider.

Under minimum income = cannot approve AOS

Above minimum income = judgement call by the IO

 

If you cold find a joint sponsor, that would probably be preferred IMHO.

[Griselita 0]

Thank you for the answer.

 

i have 4 years in the same job, i just was thinking about asking for a rise in my salary in advance, since they already have programmed it for aug.

but yes, it is more effective to et a sponsor. despite filling the designated 843 for the sponsor, what else does the sponsor need to add to the form? income tax returns that shows over the minimum and the 843 is enough?  do i have to pay for each 864 or just one payment?

[NikLR 13,227]

How many people are in your household size?  are you married? Does anyone in your household work that you can add as a household member?

There is only one payment for the affidavit of support regardless if you have a joint sponsor or not.  You will always be the primary sponsor. 

[geowrian 22,337]

1 hour ago, Griselita said:

but yes, it is more effective to et a sponsor. despite filling the designated 843 for the sponsor, what else does the sponsor need to add to the form? income tax returns that shows over the minimum and the 843 is enough?  do i have to pay for each 864 or just one payment?

The joint sponsor provides everything the primary sponsor provides plus evidence of being a USC or LPR. This includes at least the most recent years' tax return transcript or copy and evidence of current income.

Their household size is determined completely separately from yours. Meaning if yours was - for example - yourself, your spouse, and one child then that's 3. Theirs might be just them-self + the alien being sponsored, making the size just 2 (you are not automatically part of their household size).

 

You would still need to provide an I-864 even if using a joint sponsor.

[SusieQQQ 11,586]

On 4/19/2020 at 4:55 AM, Griselita said:

i-130 petition for alien relative, unmarried son or daughter 21 or older…

Somewhat related question here, this son or daughter you’re sponsoring - how old exactly and is there a stable work history?

Edited June 4, 2020 by SusieQQQ

[Griselita 0]

57 minutes ago, SusieQQQ said:

Somewhat related question here, this son or daughter you’re sponsoring - how old exactly and is there a stable work history?

HE is 34 you, and no, he has no tax history, he has never worked here

1 hour ago, geowrian said:

The joint sponsor provides everything the primary sponsor provides plus evidence of being a USC or LPR. This includes at least the most recent years' tax return transcript or copy and evidence of current income.

Their household size is determined completely separately from yours. Meaning if yours was - for example - yourself, your spouse, and one child then that's 3. Theirs might be just them-self + the alien being sponsored, making the size just 2 (you are not automatically part of their household size).

 

You would still need to provide an I-864 even if using a joint sponsor.

 

 

ok

[Griselita 0]

3 hours ago, NikLR said:

How many people are in your household size?  are you married? Does anyone in your household work that you can add as a household member?

There is only one payment for the affidavit of support regardless if you have a joint sponsor or not.  You will always be the primary sponsor. 

Only me and him.

 

do not understand the question

"Does anyone in your household work that you can add as a household member?"

 

you asking me if someone in the house i live work and that i can add as a member?

what you asking me if someone in the hose who works can be a sponsor, that's it?

[SusieQQQ 11,586]

21 minutes ago, Griselita said:

HE is 34 you, and no, he has no tax history, he has never worked here

 

 

ok

I didn’t ask if he had ever worked here .. I assumed he hadn’t... .I asked if he had a stable employment history. He’s worked back home in DR regularly? If he’s 34, that will be pretty important, possibly more so than getting a joint sponsor.

[Griselita 0]

18 minutes ago, SusieQQQ said:

I didn’t ask if he had ever worked here .. I assumed he hadn’t... .I asked if he had a stable employment history. He’s worked back home in DR regularly? If he’s 34, that will be pretty important, possibly more so than getting a joint sponsor.

oh ok sorry, i didnt know the emplyment hsitory in his country matter, thats why i thought you were asking for previous works here.

 

he has a small own business, and give online classes since he quit working when he was 22yo

Edited June 4, 2020 by Griselita

[NikLR 13,227]

38 minutes ago, Griselita said:

Only me and him.

 

do not understand the question

"Does anyone in your household work that you can add as a household member?"

 

you asking me if someone in the house i live work and that i can add as a member?

what you asking me if someone in the hose who works can be a sponsor, that's it?

Yes, do you have a household member that can add their income to yours. Like another adult child or your spouse. 

[SusieQQQ 11,586]

12 minutes ago, Griselita said:

oh ok sorry, i didnt know the emplyment hsitory in his country matter, .

 

he has a small own business, and give online classes since he quit working when he was 22yo

Yes, it matters a lot. We’ve seen reports of people rejected from F1/F2B visa categories on public charge grounds, for being this kind of age with no stable employment history even  before the new public charge framework came in, and the new framework explicitly now has that as a negative. 
you can see the factors for yourself here https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf

you’ll see his age is a positive and presumably good health? also positive 

for income, page 4, positive is ability to support himself/negative is low or no income; page 6 positive is school qualification/work experience, negative is none of these (heavily negative is - paraphrasing - able to work but no stable employment history, hence the question I asked. Heavily positive is earning income 250% of poverty guideline.)

Edited June 4, 2020 by SusieQQQ

[Griselita 0]

32 minutes ago, SusieQQQ said:

Yes, it matters a lot. We’ve seen reports of people rejected from F1/F2B visa categories on public charge grounds, for being this kind of age with no stable employment history even  before the new public charge framework came in, and the new framework explicitly now has that as a negative. 
you can see the factors for yourself here https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf

you’ll see his age is a positive and presumably good health? also positive 

for income, page 4, positive is ability to support himself/negative is low or no income; page 6 positive is school qualification/work experience, negative is none of these (heavily negative is - paraphrasing - able to work but no stable employment history, hence the question I asked. Heavily positive is earning income 250% of poverty guideline.)

Ok, thank you for the clarification.

 

37 minutes ago, NikLR said:

Yes, do you have a household member that can add their income to yours. Like another adult child or your spouse. 

i would have to ask for that favor in case, i would not like, but....