I-864 Confused regarding household size

[sharpie11 6]

I am a US citizen filling out the I-864 for my spouse and 2 stepchildren, each of whom have their own approved I-130's. One of my stepchildren is a minor in his place of domicile (India), the other is a major (over 18). I read here "do not have to count as part of the household size anyone for whom you filed a separate I-130 petition". Also here: "If you're signing a separate affidavit of support for someone else at the same time you're signing this affidavit, do not count that person." and finally here "A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States"

 

So my question is - do I include my spouse on my two stepchildren's I-864's in part 5, Item 3 (enter 1 for spouse), and do I include my minor stepson in my spouse and stepdaughter's petition in part 5 item 4 (dependent children), or not, since I am filing all three petitions together? 

[sharpie11 6]

I also had additional questions:

I am unemployed (looking for a job) and live with my mother in the US, and my mother will be the joint sponsor. She has enough income to support my family on her own. She has no dependents and does not claim me as dependent, and my father has passed away.

• Am I ok to use the I-864 for her (rather than the I-864a) as I have no income to combine with her and she has enough income to qualify as a joint sponsor on her own
• My mother's household size on all three I-864s that she files for my wife and two stepchildren will be 1 (mother) + 1(sponsored immigrant) = 2  - Is this correct?
• My stepdaughter (21) is a legal adult in her domicile country (India) and not included as a dependent on my tax return, and hence will not count as a dependant in my household size on any I-864 except her own where she will be counted under part 5, Item 1 immigrant being sponsored - Is this correct?

 

If the answer to the question I had asked in the original post is that I need to include my spouse and minor stepson in part 5 - Household Size of all my I-864s under spouse / dependent children , then

• Household size on my I864 for wife and stepson will be 4 (me, my wife and 2 dependent minor children) and for my stepdaughter will be 5 (me, my wife, my stepdaughter and 2 minor dependent children).- Is this correct?

• If I get a job before my family has their interview, can I update NVC / give my wife updated I-864s to take to the interview?

Thanks!

Edited February 9, 2022 by sharpie11

[sharpie11 6]

10 hours ago, sharpie11 said:

I am a US citizen filling out the I-864 for my spouse and 2 stepchildren, each of whom have their own approved I-130's. One of my stepchildren is a minor in his place of domicile (India), the other is a major (over 18). I read here "do not have to count as part of the household size anyone for whom you filed a separate I-130 petition". Also here: "If you're signing a separate affidavit of support for someone else at the same time you're signing this affidavit, do not count that person." and finally here "A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States"

 

So my question is - do I include my spouse on my two stepchildren's I-864's in part 5, Item 3 (enter 1 for spouse), and do I include my minor stepson in my spouse and stepdaughter's petition in part 5 item 4 (dependent children), or not, since I am filing all three petitions together? 

Ok Guys no one responded but I did a fair amount of research and it seems to me so far that I do need to include my wife in part 5 item 3 (enter 1 for spouse) in all the I-864s

 

And I do need to include my stepson in all the I-864s as well as he is a minor child and my dependent so he comes under dependent children (part 5, item 3)

 

The lines above about "If you're signing a separate affidavit of support for someone else at the same time you're signing this affidavit, do not count that person." does not apply to wife and dependent children as far as my research tells me, but I am not 100% since this thread or what the NVC told OP seems to contradict that reasoning. Maybe ill give NVC a call..

 

 

 

Edited February 10, 2022 by sharpie11
additional information

[pushbrk 12,877]

2 hours ago, sharpie11 said:

Ok Guys no one responded but I did a fair amount of research and it seems to me so far that I do need to include my wife in part 5 item 3 (enter 1 for spouse) in all the I-864s

 

And I do need to include my stepson in all the I-864s as well as he is a minor child and my dependent so he comes under dependent children (part 5, item 3)

 

The lines above about "If you're signing a separate affidavit of support for someone else at the same time you're signing this affidavit, do not count that person." does not apply to wife and dependent children as far as my research tells me, but I am not 100% since this thread or what the NVC told OP seems to contradict that reasoning. Maybe ill give NVC a call..

 

 

 

I think you are misinterpreting instructions.  Your spouse is the immigrant on her affidavit and her affidavit only.  The others are all dependent children on wife's affidavit.  On the step children's affidavits, one will be the immigrant on each and so you'll have less dependent but your wife will be listed on the children's affidavits as your spouse.  The household size will add up correctly

 

On Part 3 item 29 you'll only list one immigrant on each affidavit, so the number on each will be 1 immigrant sponsored.  That is not connected to household size.

 

All your citations refer to some other context.  You've applied them more generally, which is a mistake.

Edited February 10, 2022 by pushbrk

[sharpie11 6]

6 hours ago, pushbrk said:

I think you are misinterpreting instructions.  Your spouse is the immigrant on her affidavit and her affidavit only.  The others are all dependent children on wife's affidavit.  On the step children's affidavits, one will be the immigrant on each and so you'll have less dependent but your wife will be listed on the children's affidavits as your spouse.  The household size will add up correctly

 

On Part 3 item 29 you'll only list one immigrant on each affidavit, so the number on each will be 1 immigrant sponsored.  That is not connected to household size.

 

All your citations refer to some other context.  You've applied them more generally, which is a mistake.

Okay got it, I might be applying the rule too broadly...

So this is what I will go with then.. I have 1 biological daughter and 2 stepchildren one of whom is 21 - does this look about right...

 

Spouse affidavit:

Part 5-1 (sponsored immigrant) : 1
Part 5-2 (myself): 1
Part 5-3 (spouse, already counted): 0
Part 5-4 : 2 (my stepdaughter is 21 and past majority age in her place of domicile and not my dependent, so I am not counting her under dependent children)
Part 5-5 : 0
Part 5-6 : 0
Part 5-7 : 0

Total Household : 4

 

Stepson affidavit

Part 5-1 (sponsored immigrant) : 1
Part 5-2 (myself) : 1
Part 5-3 (spouse): 1
Part 5-4 : 1 (stepson already counted)
Part 5-5 : 0
Part 5-6 : 0
Part 5-7 : 0

Total Household : 4

 

Stepdaughter affidavit

Part 5-1 (sponsored immigrant) : 1
Part 5-2 (myself) : 1
Part 5-3 (spouse): 1
Part 5-4 : 2 (both minor children)
Part 5-5 : 0
Part 5-6 : 0
Part 5-7 : 0

Total Household : 5

 

Also, my mother, will be a joint sponsor and file the I-864, and her household on all 3 affidavits will be 1 (her) + 1 (sponsored immigrant) since she is not combining income with me, she will qualify on her own. I hope that is the right approach.

 

Thanks !

[pushbrk 12,877]

Looks right, but I would go ahead and count the 21 year old step daughter as a dependent on the other affidavits.  Your not WRONG, but it will avoid confusion.  I take it you ARE supporting her, so she IS your dependent.  

[sharpie11 6]

30 minutes ago, pushbrk said:

Looks right, but I would go ahead and count the 21 year old step daughter as a dependent on the other affidavits.  Your not WRONG, but it will avoid confusion.  I take it you ARE supporting her, so she IS your dependent.  

Will do  so  thanks..

 

One thing -- not sure if this makes any difference to the dependent count, but I don't claim anyone as dependent on my tax return as of now since my wife and kids do not have SSNs yet. Also, my stepdaughter has a job in India.  

[pushbrk 12,877]

3 minutes ago, sharpie11 said:

Will do  so  thanks..

 

One thing -- not sure if this makes any difference to the dependent count, but I don't claim anyone as dependent on my tax return as of now since my wife and kids do not have SSNs yet. Also, my stepdaughter has a job in India.  

No difference.  Your stepdaughter won't have a job in India when she immigrates to the USA.

[sharpie11 6]

Just now, pushbrk said:

No difference.  Your stepdaughter won't have a job in India when she immigrates to the USA.

Right , got it - that makes sense.. Thanks!

[sharpie11 6]

4 minutes ago, pushbrk said:

No difference.  Your stepdaughter won't have a job in India when she immigrates to the USA.

Sorry, one additional question...

 

My mother has no dependents of her own, so in my mother's Joint Sponsor affidavits, her household size would be 1 (herself) and 1(intending immigrant) ... is that accurate? We do intend to live with my mother until I get my job, but I am not sure if I should list my family as her dependents too..

Edited February 11, 2022 by sharpie11

[pushbrk 12,877]

Just now, sharpie11 said:

Sorry, one additional question...

 

My mother has no dependents of her own, so in my mother's Joint Sponsor affidavits, her household size would be 1 (herself) and 1(intending immigrant) ... is that accurate? We do intend to live with my mother until I get my job, but I am not sure if I should list my family as her dependents too..

Yes, accurate.  That you intend to live with her temporarily does not make any of you her dependent.  Note that the full household size of 4 is the income requirement the Consular Officer will use to determine whether Mom is qualified to sponsor.  As this is India, she'll need to qualify based on all three previous tax returns.

[sharpie11 6]

14 minutes ago, pushbrk said:

Yes, accurate.  That you intend to live with her temporarily does not make any of you her dependent.  Note that the full household size of 4 is the income requirement the Consular Officer will use to determine whether Mom is qualified to sponsor.  As this is India, she'll need to qualify based on all three previous tax returns.

 

14 minutes ago, pushbrk said:

Yes, accurate.  That you intend to live with her temporarily does not make any of you her dependent.  Note that the full household size of 4 is the income requirement the Consular Officer will use to determine whether Mom is qualified to sponsor.  As this is India, she'll need to qualify based on all three previous tax returns.

Yes.. my mother has had a job as a school teacher for the last 20 years, so tax returns or paystubs or income to cover the family is not a problem.

 

I do hope to get a job soon ( I actually returned to the US from India 4 months ago and I am looking actively ) , and if I do get a job before I mail in the application then we shouldn't need a joint sponsor. If I do have a job before my family interviews, I will give them updated I-864s just in case the consular officer asks.

 

Thanks!

Edited February 11, 2022 by sharpie11

[pushbrk 12,877]

3 minutes ago, sharpie11 said:

 

Yes.. my mother has had a job as a school teacher for the last 20 years, so tax returns or paystubs is not a problem.

 

I do hope to get a job soon ( I actually returned to the US from India 4 months ago and I am looking actively ) , and if I do get a job before I mail in the application then we shouldn't need a joint sponsor. If I do have a job before my family interviews, I will give them updated I-864s just in case the consular officer asks.

 

Thanks!

"Mail in the application"???  You do not include any affidavits of support when filing the I-130 petitions.  That comes later at the NVC stage, where your family members "apply" for a visa.  The I-130 is a petition, not an application for anything.  At NVC, you don't mail anything in.  It's all uploaded.

[sharpie11 6]

2 minutes ago, pushbrk said:

"Mail in the application"???  You do not include any affidavits of support when filing the I-130 petitions.  That comes later at the NVC stage, where your family members "apply" for a visa.  The I-130 is a petition, not an application for anything.  At NVC, you don't mail anything in.  It's all uploaded.

Oh I am sorry I meant submit the application online... we are at the I-864 (NVC) stage , I-130s have already been approved. Just a terminology error on my part !

[sharpie11 6]

On 2/10/2022 at 6:32 PM, pushbrk said:

Looks right, but I would go ahead and count the 21 year old step daughter as a dependent on the other affidavits.  Your not WRONG, but it will avoid confusion.  I take it you ARE supporting her, so she IS your dependent.  

One question on this... would she be categorized as a "dependent child" (Part 5, item 4), or as "any other dependents" (Part 5, item 5) ? Her CSPA age is frozen at 20 but her actual age is over 21..