Household size for I-864 affidavit of support

[Captkanga 0]

Apologies if this has been discussed previously.

 

I’m a California resident and am wondering what the household size requirements would be for the scenario where I would want to sponsor my fiancé and our (currently unborn) child. 
 

If they came here, would this indicate a household size of 3 for the purposes of financial support? 
 

I’m also wondering, if in addition to being financially responsible for my dependents for a period of 10 years, would that operate completely separately from alimony requirements in the event of a divorce? In other words, if we got divorced, would I be responsible for both the I-864 finances and also be open to her taking half of all my assets and income?

[Chancy 6,241]

*** Moved from K1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits, where similar topics about I-864 obligation and divorce are discussed ***

 

50 minutes ago, Captkanga said:

If they came here, would this indicate a household size of 3 for the purposes of financial support? 

 

Fill out the I-864 with what is accurate at the time you sign it.  If your child has already been born, then 3.  If not, then 2.  If your dependents increase before your spouse's Adjustment of Status (AOS) interview, bring an updated I-864 to the interview.

 

50 minutes ago, Captkanga said:

I’m also wondering, if in addition to being financially responsible for my dependents for a period of 10 years, would that operate completely separately from alimony requirements in the event of a divorce?

 

There is no 10-year limit.  You could be bound by the I-864 for your beneficiary's remaining lifetime, if they never work or naturalize, even if you divorce and they re-marry.

 

Note that the I-864 is a contract between the sponsor and the federal government for possible reimbursement of public benefits claimed by the immigrant.  It is not a contract between the sponsor and the immigrant, nor does it dictate how much financial support the immigrant should get, if any, from the sponsor.  Divorce settlements and alimony are matters for divorce lawyers and family court, and separate from the I-864, though some divorce lawyers may use the I-864 as ammunition to negotiate a better settlement for their immigrant clients.

 

[Dashinka 24,490]

It sounds like you have not filed anything yet, so if you are still planning on an eventual K1 visa, the first affidavit of support will be the I134 at the time of the interview, and to my knowledge the I134 does not ask for household size specifically, but you will need to meet the I864p requirements at that time.  After the K1 is issued a you get married and file the I864 with the I485 AOS submission, you will have to list the total household size which by that time will be at least 3.

 

On a side note, with a child coming, have you considered a spousal visa?  Things like CRBA, etc. can be smoother if the child is not born out of wedlock.  @Mike E can sum it up much better than me, but it is something to think about.

 

Good Luck!

Edited August 10, 2023 by Dashinka

[Captkanga 0]

@Dashinka we have considered a CR-1 visa, the problem is that that would add that much more waiting time to the overall visa as I’d need to first travel to her country, get married, then submit the application which would make the clock start at that time, vs now. My understanding is that the wait times are close to the same for K1 to CR1.

 

thanks for your response 

[Captkanga 0]

@Chancy thank you for the reply. I had no idea there was no limit. And especially if she remarries!

[Chancy 6,241]

3 minutes ago, Captkanga said:

I had no idea there was no limit. And especially if she remarries!

 

Good that you asked about this early.  Some may say that thinking about divorce at this stage is unromantic, but life doesn't always go our way, despite our best intentions.  My view is that it's best to enter marriage with eyes wide open, more so a marriage that would involve the I-864.  If you browse through this sub-forum, you will find recent examples of people who realized too late how the I-864 they signed could be used against them.

 

[Mike E 11,739]

19 minutes ago, Captkanga said:

that would add that much more waiting time to the overall visa as I’d need to first travel to her country, get married, then submit the application

Time wise it is taking a 3-4 day weekend, get married, file I-130.

 

Legitimation of children born out of wedlock is the problem. It can be over come, but what I see too often is that it falls to kids decades later to prove that  Legitimation happened. 
 

The priority of needs is:

 

1. kids

2. adult immigrants

3. petitioners

 

25 minutes ago, Captkanga said:

thank you for the reply. I had no idea there was no limit.

If she earns 40 social security credits you are off hook. 

[Redro 4,611]

1 hour ago, Captkanga said:

@Dashinka we have considered a CR-1 visa, the problem is that that would add that much more waiting time to the overall visa as I’d need to first travel to her country, get married, then submit the application which would make the clock start at that time, vs now. My understanding is that the wait times are close to the same for K1 to CR1.

 

thanks for your response 

1. As you have an unborn child, think very carefully about how you want to proceed. 

If you have not filed the I-129F or I-130 yet this means your child most likely will be born in Argentina (if processing times stay the same). 

Research the requirements of obtaining your future child's CRBA when you are married vs when you are unmarried.

https://ar.usembassy.gov/birth/

 

The child was born to an UNMARRIED MALE U.S. citizen who has been physically present in the U.S. for a period of at least 5 years, 2 of which must have been after the age of 14.  In this case, the U.S. father must agree in writing to support his child until the child reaches the age of 18 years and demonstrate a biological relationship to the child.

 

Only ONE of the child’s parents is a U.S. citizen, the child’s parents are MARRIED at the time of birth, the U.S. citizen parent has been physically present in the U.S. for a period of at least 5 years, 2 of which must have been after the age of 14, and one parent has a biological or gestational relationship to the child.

 

You are not just thinking of your partner coming over to the US. 

You are now thinking of your partner and child coming over to the US. 

 

2. Currently average time for spousal visa out of Argentina (last 10 cases): 394 days - range 291- 611 days 

Currently average time for k1 visa out of Argentina (last 10 cases): 415 days - range 308-802 days 

 As you can see, although the average for K1 vs CR1 is similar, processing times for K1 have a difference of about 500 days and processing times for CR1/IR1 have a difference of about 300 days. Make an informed choice if you are going to use "processing time/speed" as your deciding factor.

If you click on the links to look at more cases out of Argentina.... 

 

Edited August 10, 2023 by Redro
Added CRBA requirements

[Boiler 45,475]

You show SF as your location, the classic California case is Kumar vs Kumar, worth a read:

 

https://casetext.com/case/kumar-v-kumar-in-re-kumar

[Chancy 6,241]

43 minutes ago, Boiler said:

You show SF as your location, the classic California case is Kumar vs Kumar, worth a read:

 

https://casetext.com/case/kumar-v-kumar-in-re-kumar

 

Thanks for the reference.  Seems that based on case law, the I-864 is a legally enforceable contract between the sponsor and the immigrant, not just between the sponsor and the government.  But again, enforcement is through family law proceedings.  So still depends on state court, if I'm understanding correctly.

 

@Captkanga -- please note.

 

[Boiler 45,475]

12 minutes ago, Chancy said:

 

Thanks for the reference.  Seems that based on case law, the I-864 is a legally enforceable contract between the sponsor and the immigrant, not just between the sponsor and the government.  But again, enforcement is through family law proceedings.  So still depends on state court, if I'm understanding correctly.

 

@Captkanga -- please note.

 

Most of the cases I have seen have been Federal, over the years we have had a few State usually connected with Divorce.

[Captkanga 0]

3 hours ago, Redro said:

1. As you have an unborn child, think very carefully about how you want to proceed. 

If you have not filed the I-129F or I-130 yet this means your child most likely will be born in Argentina (if processing times stay the same). 

Research the requirements of obtaining your future child's CRBA when you are married vs when you are unmarried.

https://ar.usembassy.gov/birth/

 

The child was born to an UNMARRIED MALE U.S. citizen who has been physically present in the U.S. for a period of at least 5 years, 2 of which must have been after the age of 14.  In this case, the U.S. father must agree in writing to support his child until the child reaches the age of 18 years and demonstrate a biological relationship to the child.

 

Only ONE of the child’s parents is a U.S. citizen, the child’s parents are MARRIED at the time of birth, the U.S. citizen parent has been physically present in the U.S. for a period of at least 5 years, 2 of which must have been after the age of 14, and one parent has a biological or gestational relationship to the child.

 

You are not just thinking of your partner coming over to the US. 

You are now thinking of your partner and child coming over to the US. 

 

Regarding the requirement of being present in the US for a period of 5 years, does that mean 5 continuous years prior to the birth of the baby (so birth date minus 5 years)? Or does it just mean that I need to have lived in the US for a continuous five years at some point in my adult life? I’m in my forties and have lived in the US basically my entire life. The issue is that I lived in Europe from 2018-2020, so I am not sure if that would make me ineligible for this child to become a U.S. citizen? That doesn’t make sense to me. 

[Captkanga 0]

4 hours ago, Mike E said:

Legitimation of children born out of wedlock is the problem. It can be over come, but what I see too often is that it falls to kids decades later to prove that  Legitimation happened. 
 

The priority of needs is:

 

1. kids

2. adult immigrants

3. petitioners

 

 

Not sure what you mean about legitimation. If I go to Argentina, regardless of whether we’re married, my understanding is that if I can prove I’m the father, that it’s a simple matter of going to the US Embassy in Buenos Aires and registering the child as a US citizen (where I have to sign a letter that I will support them until their 18th birthday).  And then they get a US passport. 

[Redro 4,611]

10 minutes ago, Captkanga said:

 

Not sure what you mean about legitimation. If I go to Argentina, regardless of whether we’re married, my understanding is that if I can prove I’m the father, that it’s a simple matter of going to the US Embassy in Buenos Aires and registering the child as a US citizen (where I have to sign a letter that I will support them until their 18th birthday).  And then they get a US passport. 

Child is generally assumed to be legitimate if parents are married. 
if you’re not married you might have to 1.) include proof you were together during the time the child was conceived 

2. undergo a DNA test 

this isn’t a certainty it’s just an extra barrier they might make you complete 

13 minutes ago, Captkanga said:

 

Regarding the requirement of being present in the US for a period of 5 years, does that mean 5 continuous years prior to the birth of the baby (so birth date minus 5 years)? Or does it just mean that I need to have lived in the US for a continuous five years at some point in my adult life? I’m in my forties and have lived in the US basically my entire life. The issue is that I lived in Europe from 2018-2020, so I am not sure if that would make me ineligible for this child to become a U.S. citizen? That doesn’t make sense to me. 

Not continuous. Just 5 years total. 
2 have to be after the age of 14. So say year you graduated high school and 2 years of working on the US after the age of 20. Then maybe 1 year in elementary school… (school records, vaccinations etc) add miscellaneous year you returned from Europe in 2021… 

Edited August 11, 2023 by Redro

[Mike E 11,739]

1 hour ago, Captkanga said:

Not sure what you mean about legitimation

The father provides ecidence that he, in writing,

 

* acknowledges the child as his

 

* agrees to provide financial support for thr child

 

If the father does so, and successfully pursues a CRBA for the child, great.

Get  married before your child is born.