Who all needs to fill out an I-864 AOS form?

[B&C2017 123]

8 hours ago, pushbrk said:

You are correct, B&C... gave instructions that apply to non-immediate relative cases where more than one immigrant can be petitioned on the same petition.  In short, he applied the wrong instructions and ignored an instruction that appears on the face of the affidavit itself.  Where you are going to live, has no impact on household size for affidavits of support.  Yes, you pay only one AOS fee, no matter how many family members are immigrating together.

Awesome, thank you so much for the clarification.

[B&C2017 123]

9 hours ago, pushbrk said:

ADDITIONALLY, if you follow my instructions, the joint sponsor's forms will show a household of three instead of four.  Or is it four instead of five?  (Is there a dependent son for the joint sponsor to consider?) 

Thank you very much for your additional information. I though something was off.

 

It's 3 instead of 4 (assuming my husband who lives with me abroad and is currently a student with no income isn't considered a dependent child 🙂)

- Father-in-law

- Mother-in-law

- Brother-in-law (25 years old, but is in grad school and parents pay for his appartment, etc. so I assume he's a dependent child)

 

[B&C2017 123]

9 hours ago, pushbrk said:

Take a look at page one of the I-864, part 3, item 2, where it indicates the sponsor is not to include relative listed on a separate visa petition.

 

You are providing instructions applicable to cases where one petition can cover more than one immigrant.  This does NOT apply to immediate relative cases.

That's what confused me as well. I read the same thing...

You're refering to this part of the I-864, right?

 

[pushbrk 12,566]

14 hours ago, B&C2017 said:

Thank you very much for your additional information. I though something was off.

 

It's 3 instead of 4 (assuming my husband who lives with me abroad and is currently a student with no income isn't considered a dependent child 🙂)

- Father-in-law

- Mother-in-law

- Brother-in-law (25 years old, but is in grad school and parents pay for his appartment, etc. so I assume he's a dependent child)

 

Your husband makes it 4, because HE is the intending immigrant.

14 hours ago, B&C2017 said:

That's what confused me as well. I read the same thing...

You're refering to this part of the I-864, right?

 

Exactly

[B&C2017 123]

12 hours ago, pushbrk said:

Your husband makes it 4, because HE is the intending immigrant.

Exactly

I'm the immigrant - my husband is the US Citizen 🙂

[pushbrk 12,566]

5 minutes ago, B&C2017 said:

I'm the immigrant - my husband is the US Citizen 🙂

Ok.  Then you, as the intending immigrant are automatically counted on any I-864.

[B&C2017 123]

1 minute ago, pushbrk said:

Ok.  Then you, as the intending immigrant are automatically counted on any I-864.

Oh ok, so my father-in laws houshold would be 4 because it includes me as intending immigrant and on the separate file it will also be four because it counts my son (hubby's stepson) as intending immigrant. So even though both forms from the joint sponsor (father-in-law) will show 4 houshold members (incl. the immigrant mentioned on each position), the total would then be 5 (not shown anywhere) as there will be 2 I-864, one for me and one for my son, right? But the officer know's how to calculate that.

 

Also: My US citizen husand doesn't need to be listed on the joint sponsor's form as houshold member/dependent child (since he's a student with no income but living abroad with me)? Or would I have to include him as dependent child as well? My father-in-law doesn't claim him as dependent on tax-forms.

[pushbrk 12,566]

6 minutes ago, B&C2017 said:

Oh ok, so my father-in laws houshold would be 4 because it includes me as intending immigrant and on the separate file it will also be four because it counts my son (hubby's stepson) as intending immigrant. So even though both forms from the joint sponsor (father-in-law) will show 4 houshold members (incl. the immigrant mentioned on each position), the total would then be 5 (not shown anywhere) as there will be 2 I-864, one for me and one for my son, right? But the officer know's how to calculate that.

 

Also: My US citizen husand doesn't need to be listed on the joint sponsor's form as houshold member/dependent child (since he's a student with no income but living abroad with me)? Or would I have to include him as dependent child as well? My father-in-law doesn't claim him as dependent on tax-forms.

Your husband is not counted in a parent's household.  He's married and/or over 21.  Otherwise, you have it correct.  The Consular officer sees this every time there is a stepchild involved and will use the household of 5 income requirement.  Since that is comfortably exceeded, no worries.

 

[B&C2017 123]

1 hour ago, pushbrk said:

Your husband is not counted in a parent's household.  He's married and/or over 21.  Otherwise, you have it correct.  The Consular officer sees this every time there is a stepchild involved and will use the household of 5 income requirement.  Since that is comfortably exceeded, no worries.

 

Awesome, that's exactly the information I needed! Thank you so much for your support - I really appreciate it!

[B&C2017 123]

 

2 hours ago, pushbrk said:

Your husband is not counted in a parent's household.  He's married and/or over 21.  Otherwise, you have it correct.  The Consular officer sees this every time there is a stepchild involved and will use the household of 5 income requirement.  Since that is comfortably exceeded, no worries.

 

Oh can I just ask an additional question - last one I promise 🙂
You wrote he's married and/or over 21. So does the age of someone define if they have to be listed as dependent?

 

Not asking for my husband as he's older than that :-), but for his brother.

 

The brother is dependent on his parents as he's a graduate student (not living at home), but he just turned 25. So would he not be a dependent since you wrote "...or over 21"? 

[pushbrk 12,566]

1 hour ago, B&C2017 said:

 

Oh can I just ask an additional question - last one I promise 🙂
You wrote he's married and/or over 21. So does the age of someone define if they have to be listed as dependent?

 

Not asking for my husband as he's older than that :-), but for his brother.

 

The brother is dependent on his parents as he's a graduate student (not living at home), but he just turned 25. So would he not be a dependent since you wrote "...or over 21"? 

If he's on the tax return, he's a dependent, but if unmarried and under 21, he counts no matter where he lives.  Married AND on the tax return, counts.  Married and NOT on the tax return, does not count.  This is in the "instructions".  Becoming an A-Student of both the form AND the instructions will be critical to your ultimate success.  Without doing so, you won't know WHAT you don't know, so won't know WHAT to ask.

[B&C2017 123]

6 hours ago, pushbrk said:

If he's on the tax return, he's a dependent, but if unmarried and under 21, he counts no matter where he lives.  Married AND on the tax return, counts.  Married and NOT on the tax return, does not count.  This is in the "instructions".  Becoming an A-Student of both the form AND the instructions will be critical to your ultimate success.  Without doing so, you won't know WHAT you don't know, so won't know WHAT to ask.

Thank you so much for your help! We got the rest figured out - it was really just that specific topic and the question who all would have to fill out a form that was missing! I really appreciate your answers! 

[Ryan H 3,810]

***Hijack post and replies to said post removed.***

[B&C2017 123]

@pushbrk May I ask you 3 additional question about the AOS? 🙂

1. My husband and I both live in Switzerland (he moved here in February 2018, with the intention to go back to the US at some point).

What does he need to put as Country of Domicile in the I-864 form? Switzerland (since this is currently his primary residence) or USA, since he intends in good faith to reestablish his domicile in the United States when I immigrate to the US? (We'd all go back to the US together). 

• If it's USA, does he already have to submit evidence that he maintained his domicile in the US when uploading the I-864 at NVC stage, or will I just have to bring these documents with me to the interview?

2. What will the joint sponsor (my FIL) have to check in the form? As I've been recomended, his wife will have to submit a I-864a. Will this also make her a joint sponsor, or just a houshold member?

 

3. How does my husband have to count my son (his stepson who will immigrate to the US with me) in the AOS?

I would think as a dependent child, but since he can't add my son on his taxes as dependent (since he doesn't have an ITIN), I'm not sure about that. But he has to list him somewhere...

So does he only list me, himself and our USC daughter on my AOS

and

his step son, himself and our USC daughter on my son's AOS and the consular officer will then add it together to 4 houshold members like in the case we discussed before for the joint sponsor?

Thank you very much for your help! This is very much appreciated!

 

[pushbrk 12,566]

Your husband can indicate his domicile is in the USA.  Your second question indicates you have not yet become an A-student of those I-864 instructions.  Doing so will be critical to your ultimate success.