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Filed: FB-2 Visa Country: Philippines
Timeline
Posted

Hello,

 

f2A to Ir1

Married 30 years

 

My mom (petitioner) petitioned for her husband (my stepdad) in 2019. we got DQ'd in 2020. Fast forward 2022, we submitted updated 1040 for 2021 income and W2. Her income went from 55k to 36k. 

 

My mom lives with us (me, my husband, and my 2 kids), but we do not combine our income and we file taxes separately from her. 

 

We put 2 as household size as the sponsor is my mom and the other household member is the intending applicant (my stepdad). Is this going to be a problem? Would the consul include us 4 in the household size? if that's the case, her 36k income will not be enough. do we ( my husband husband and I)  need to fill out i-864 and I864A)?

 

**or is 2 member household enough?

 

Thank you,

Micah

😁

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

Please do not post a duplicate of this question.  Thanks. 

 

From my understanding, the correct household size is "2". 

Edited by Crazy Cat

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Posted (edited)
55 minutes ago, mrsartis said:

Thank you, that's what I thought. I wonder if manila consul are different? do they care if we all live together?

Mom will be ok in Manila Consulate. Moms own taxes do not list u as dependent and will be reviewed on her qualifying income only , regardless of where she lives…..think of it like this,  the IRS allows multiple extended family members to file independent of each other, so the Consulate cannot investigate who lives at that address / files taxes and deem them one household. 
 

The claim to “ household member” status at Consulate is made by sponsors themselves in order to increase qualifying income.

 

Mom is fine w $36K

Edited by Family
Filed: Other Country: China
Timeline
Posted

You have your answers but just to be clear, a Consular Officer would not use a different household size than stated on the I-864, UNLESS, there was an error.  While the op's circumstances are such that since the petitioner DOES live with her adult daughter's family, they qualify as potential income combining household members, they didn't choose that incorrect option.  Not only would the Consular Office have no way of knowing who else lives in the house, they would have no justification for applying a different household size.

 

Mom qualifies.  She doesn't need any "help", BUT if she did, the family still would not combine income.  What would be proper is for the daughter and her husband to act as "Joint Sponsor" and joint sponsor's household member (either of them could be either) with a household of 3.

 

Just because you could have, doesn't mean you must or should.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: FB-2 Visa Country: Philippines
Timeline
Posted

I think the confusion was the initial phase of the interview where they ask for your name and documents the initial phase would ask you, who does your petitioner live with. And the answer would be myself, my mom, my husband and 2 kids and misconstrue it as household for financial support purposes. 

 

So I will just advise step dad, if ask by the initial consul officer, if they ask for household. He can answer 2. And if ask where does the petitoner live and who does she live with, then she can say with us.. right?

😁

Filed: Other Country: China
Timeline
Posted
49 minutes ago, mrsartis said:

I think the confusion was the initial phase of the interview where they ask for your name and documents the initial phase would ask you, who does your petitioner live with. And the answer would be myself, my mom, my husband and 2 kids and misconstrue it as household for financial support purposes. 

 

So I will just advise step dad, if ask by the initial consul officer, if they ask for household. He can answer 2. And if ask where does the petitoner live and who does she live with, then she can say with us.. right?

Not sure why you think they would ask who the petitioner lives with?  It's not relevant.  But still, I just explained why it does not impact household size.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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Posted
52 minutes ago, mrsartis said:

So I will just advise step dad, if ask by the initial consul officer, if they ask for household. He can answer 2. And if ask where does the petitoner live and who does she live with, then she can say with us.. right?

It’s good that you are helping him prepare. In his case, no matter what he answers , it won’t impact…..BUT if you want to have a bit of fun ,..so he can relax about his interview:
 tell him to listen closely to the question asked and answer short and what was asked. They will ask where his wife lives (  gives address only) . My favorite example: 

Question : What day is it ? Answer : Saturday 

not: Saturday, August 13, 4:30:PM on this cloudy day I thought would never end cause now I have knee ache again…

Filed: Other Country: China
Timeline
Posted
1 hour ago, Family said:

It’s good that you are helping him prepare. In his case, no matter what he answers , it won’t impact…..BUT if you want to have a bit of fun ,..so he can relax about his interview:
 tell him to listen closely to the question asked and answer short and what was asked. They will ask where his wife lives (  gives address only) . My favorite example: 

Question : What day is it ? Answer : Saturday 

not: Saturday, August 13, 4:30:PM on this cloudy day I thought would never end cause now I have knee ache again…

AND.....to be Filipino specific, if asked a yes or no question, make sure the first word out of his mouth is yes or no, definitely not "because".  Just answer the question.  No explanation needed unless asked.

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted
3 minutes ago, pushbrk said:

AND.....to be Filipino specific, if asked a yes or no question, make sure the first word out of his mouth is yes or no, definitely not "because

That is an excellent pointer and deserves a Topic Thread of its Own . So far I’ve pegged @Crazy Cat for Legendary Tales , @Mike E for Stunningly Stupid Legal Advice and you Dear Sir @pushbrk for Country Specific Gems of The Mouth

Filed: F-1 Visa Country: Philippines
Timeline
Posted
48 minutes ago, pushbrk said:

AND.....to be Filipino specific, if asked a yes or no question, make sure the first word out of his mouth is yes or no, definitely not "because".  Just answer the question.  No explanation needed unless asked.

 

OMG, you hit the nail on the head on this one, my mom is so like this!!!!! 😀

 
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