I-864A Household Member Question

[cyyz2000 24]

Hi, I'd like to figure out if our household member's income is sufficient but I'm a little confused on how to calculate the household size. 

 

So the main sponsor doesn't work, but the household member does. The household members has three dependent children. So in our I-864, we listed the main sponsor [1], the household member [1], and the 3 of us who are intending to immigrate [3]. That brings the total household size to 5. But my household member has 3 children - where would we account for them? There's no option to put household member's dependents on either the I-864 or I-864A. Both the household member + children + petitioner live at the same address. 2 out of the 3 children are under 18 right now. So now I'm confused, is our household size 5 members or 8? 

 

Thanks

Edited April 5, 2021 by cyyz2000

[aaron2020 11,651]

What is the relationship between the sponsor and the household member?  Spouse or different relationship?

Who's the petitioner?

 

Who is being petitioned for?  

Does the household member claim the oldest child on her last tax return?  How old is this child?
 

Edited April 6, 2021 by aaron2020

[cyyz2000 24]

33 minutes ago, aaron2020 said:

 

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What is the relationship between the sponsor and the household member?  Spouse or different relationship?

Different relationship - household member is sponsor's adult child

 

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Who's the petitioner?

The petitioner is the principal applicant's father. So our case falls under F3 - married sons/daughters of US Citizens. 

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Who is being petitioned for?  

Principal applicant, along with spouse and a child are being petitioned for a family preference visa under the third preference. 

 

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Does the household member claim the oldest child on her last tax return?  How old is this child?

Yes - the oldest child is 20 years old, claimed as dependent on her mother's most recent tax return, and is a full time college student. 

 

Edited April 6, 2021 by cyyz2000

[aaron2020 11,651]

Does your sibling claim your father as a tax dependent on his/her tax return?

[cyyz2000 24]

1 hour ago, aaron2020 said:

Does your sibling claim your father as a tax dependent on his/her tax return?

The household member doesn't claim her father / main petitioner on her tax return. Only claims the three children

 

So the household only has 5 members (not including any intending immigrants).

Edited April 6, 2021 by cyyz2000

[aaron2020 11,651]

1 minute ago, cyyz2000 said:

The household member doesn't claim her father / main petitioner on her tax return. Only claims the three children

 

So the household only has 5 members (not including any intending immigrants).

Okay.  It doesn't make sense for your sibling to file as a household member because your father has zero income and would be included in the household member's household count.  It's better for your sibling to file as a Joint Sponsor so that your father is not included in the JS's household count.

 

Father/petitioner files an I-864 showing zero income.  His household count is 4; him, you, your spouse, and your child (the 3 intending immigrants).

 

JOINT SPONSOR files a separate I-864.  The JS's household count would be 7; JS, JS's 3 kids since they are all dependents on the last tax return, and the 3 intending immigrants. 

[cyyz2000 24]

3 minutes ago, aaron2020 said:

Okay.  It doesn't make sense for your sibling to file as a household member because your father has zero income and would be included in the household member's household count.  It's better for your sibling to file as a Joint Sponsor so that your father is not included in the JS's household count.

 

Father/petitioner files an I-864 showing zero income.  His household count is 4; him, you, your spouse, and your child (the 3 intending immigrants).

 

JOINT SPONSOR files a separate I-864.  The JS's household count would be 7; JS, JS's 3 kids since they are all dependents on the last tax return, and the 3 intending immigrants. 

Interesting. So JS can still be at the same US address as the main petitioner/Father? 

[aaron2020 11,651]

Just now, cyyz2000 said:

Interesting. So JS can still be at the same US address as the main petitioner/Father? 

Yes.

Your sibling does not claim your father as a tax dependent.

Related people can share a house without being in each other's household.  

[cyyz2000 24]

1 minute ago, aaron2020 said:

Yes.

Your sibling does not claim your father as a tax dependent.

Related people can share a house without being in each other's household.  

Okay, yes that makes sense. Thanks for clarifying this.