Already sponsored one green card..problems for second?

[payxibka 10,045]

fwaguy,

I-865, for one

Yodrak

Also, I didn't report to USCIS when I moved out of the country.

Where did you read that says you must do this?

More specifically a change of address not because of leaving the country....

[Yodrak 7]

fwaguy,

"out of the country" is extraneous. A sponsor needs to notify the USCIS when they move even if the move is only next door.

Yodrak

fwaguy,

I-865, for one

Yodrak

Also, I didn't report to USCIS when I moved out of the country.

Where did you read that says you must do this?

More specifically a change of address not because of leaving the country....

[gogo 6]

I want to move next door :dance: hopefully they can approve it faster because it is closer to the USCIS..

Edited June 28, 2007 by gogo

[frankandemily 0]

frankandemily,

That's what pushbrk wrote.

Yodrak

Ok, since I will be responsible for the first wife, what does that mean? That my income has to be 125% over the poverty level for 3 people?

Ok, I just wanted to make sure that is what he meant. What if I get my parents to sponsor as well...does the overall income level have to be 125% of the poverty level for 5 people? (Myself, ex wife, current wife, mom, dad)

A parent can be a joint sponsor but not both. The joint sponsor's income must cover the 125% of poverty level for the number in their household plus the number of immigrants they are sponsoring. Their income is not added to yours. It must stand on its own.

Would my parents be considered "sponsoring" the first wife? When considering household size, the I-864 says, "If you have sponsored any other persons on an I-864 who are now lawful permanent residents..." My parents didn't sponsor my first wife. When computing the household size, my I-864 will have 3 household members (me, wife, ex wife) and my Dad's I-864 will have 4 (me, wife, mom, himself). How is this going to work? My parents' income will meet the requirements of 125% over poverty level even if we include my ex-wife. My income won't meet even the requirements for a 3 person household because I have been in China. My income is sufficient to live well here, but after converting it into dollars it isn't so much. How is this all going to work out on the I-864?

Maybe I should start a different thread just for the I-864 issue...

Edited June 28, 2007 by frankandemily

[pushbrk 12,824]

frankandemily,

When you return to the USA are you going to live with your parents? In other words, must one of them be a Joint Sponsor or can they be your Household Members?

Yodrak

Ok, I just wanted to make sure that is what he meant. What if I get my parents to sponsor as well...does the overall income level have to be 125% of the poverty level for 5 people? (Myself, ex wife, current wife, mom, dad)

We are going to stay with my parents while I am completing my Masters degree, but I haven't lived with them since I was 18. They also don't claim me on their taxes, so I don't think I can count them as household members.

Unless you have a separate domicile to claim, your plan to live with your parents when you return to the US, means you and they will be in the same household. It doesn't matter whether you are a "dependant" for tax purposes. Establishing that you have maintained a US domicile is another requirement. Your plan to live with parents gives you a domicile address. Do you also have a US bank account and drivers license?

Since you and your parents will be part of the same household, the US income of all the people in the household can be combined, so the number you need to meet (if there are no other household members) is 125% of the poverty level for a household of 4.

Please read the instructions on the I-864 form.

[Yodrak 7]

frankandemily,

Would my parents be considered "sponsoring" the first wife? ..... My parents didn't sponsor my first wife.

Asked and answered.

When computing the household size, my I-864 will have 3 household members (me, wife, ex wife) and my Dad's I-864 will have 4 (me, wife, mom, himself). How is this going to work? My parents' income will meet the requirements of 125% over poverty level even if we include my ex-wife. My income won't meet even the requirements for a 3 person household because I have been in China. My income is sufficient to live well here, but after converting it into dollars it isn't so much. How is this all going to work out on the I-864?

.....

I take it, then, that you will not be living with your parents? In which case your Dad's I-964 will have 3 people, he is sponsoring only your wife, not you.

[EDIT] I agree with pushbrk - read the I-864 form and instructions. The current version of this form has excellent, detailed, instructions.

Yodrak

Edited June 28, 2007 by Yodrak

[frankandemily 0]

frankandemily,

Would my parents be considered "sponsoring" the first wife? ..... My parents didn't sponsor my first wife.

Asked and answered.

When computing the household size, my I-864 will have 3 household members (me, wife, ex wife) and my Dad's I-864 will have 4 (me, wife, mom, himself). How is this going to work? My parents' income will meet the requirements of 125% over poverty level even if we include my ex-wife. My income won't meet even the requirements for a 3 person household because I have been in China. My income is sufficient to live well here, but after converting it into dollars it isn't so much. How is this all going to work out on the I-864?

.....

I take it, then, that you will not be living with your parents? In which case your Dad's I-964 will have 3 people, he is sponsoring only your wife, not you.

[EDIT] I agree with pushbrk - read the I-864 form and instructions. The current version of this form has excellent, detailed, instructions.

Yodrak

I think I see now...Since we intend to live with my parents when we come into the US, we don't even need to worry about a joint sponsor, right? We just list my parents' income in the "household income" and fill in an I-864A. Then our income together has to be over the poverty level for 5 people (me, my wife, ex wife, mom, dad) Correct?

Edited June 28, 2007 by frankandemily

[Yodrak 7]

frankandemily,

Correct.

Yodrak

frankandemily,

Would my parents be considered "sponsoring" the first wife? ..... My parents didn't sponsor my first wife.

Asked and answered.

When computing the household size, my I-864 will have 3 household members (me, wife, ex wife) and my Dad's I-864 will have 4 (me, wife, mom, himself). How is this going to work? My parents' income will meet the requirements of 125% over poverty level even if we include my ex-wife. My income won't meet even the requirements for a 3 person household because I have been in China. My income is sufficient to live well here, but after converting it into dollars it isn't so much. How is this all going to work out on the I-864?

.....

I take it, then, that you will not be living with your parents? In which case your Dad's I-964 will have 3 people, he is sponsoring only your wife, not you.

[EDIT] I agree with pushbrk - read the I-864 form and instructions. The current version of this form has excellent, detailed, instructions.

Yodrak

I think I see now...Since we intend to live with my parents when we come into the US, we don't even need to worry about a joint sponsor, right? We just list my parents' income in the "household income" and fill in an I-864A. Then our income together has to be over the poverty level for 5 people (me, my wife, ex wife, mom, dad) Correct?

[frankandemily 0]

Thanks for helping me clear that up. I thought that "household income" was computed the same way that it is computed when doing your taxes.

[payxibka 10,045]

fwaguy,

"out of the country" is extraneous. A sponsor needs to notify the USCIS when they move even if the move is only next door.

Yodrak

Yodrak,

DUH!!! My point exactly

The reason was NOT because he simply left the country, but more specifically reporting his required change of address (which in this instance happened to be out of the country)...

[pushbrk 12,824]

Yes, the total IS 5 people. The household is 4 but you have 1 extra immigrant already sponsored.

Now that you mention China, I'll recommend that for more China specific support, (not new answers to questions already discussed) you check out http://www.candleforlove.com There is a lot of help on dealing with the Consulate in Guangzhou, one of the toughest in the world.

frankandemily,

Correct.

Yodrak

frankandemily,

Would my parents be considered "sponsoring" the first wife? ..... My parents didn't sponsor my first wife.

Asked and answered.

When computing the household size, my I-864 will have 3 household members (me, wife, ex wife) and my Dad's I-864 will have 4 (me, wife, mom, himself). How is this going to work? My parents' income will meet the requirements of 125% over poverty level even if we include my ex-wife. My income won't meet even the requirements for a 3 person household because I have been in China. My income is sufficient to live well here, but after converting it into dollars it isn't so much. How is this all going to work out on the I-864?

.....

I take it, then, that you will not be living with your parents? In which case your Dad's I-964 will have 3 people, he is sponsoring only your wife, not you.

[EDIT] I agree with pushbrk - read the I-864 form and instructions. The current version of this form has excellent, detailed, instructions.

Yodrak

I think I see now...Since we intend to live with my parents when we come into the US, we don't even need to worry about a joint sponsor, right? We just list my parents' income in the "household income" and fill in an I-864A. Then our income together has to be over the poverty level for 5 people (me, my wife, ex wife, mom, dad) Correct?

[frankandemily 0]

Thanks for that link. It has been very helpful.