Questions Regarding Adjustment of Status and Form I-864 (from K1 Visa Holder)

[DaisyJane 3]

Hello everyone,

I have a few questions regarding the Adjustment of Status application and Form I-864 (Affidavit of Support):

1. Household Size: My husband lives with me and his twin sister, but they do not share finances. He supports only me, his wife. For the Adjustment of Status application, should I list the household size as just the two of us, or do we need to include his twin sister even though they do not share finances?

2. Income Discrepancy: My husband is the petitioner and currently has a stable job that meets the 125% poverty guideline for a two-person household. However, his income for the most recent and second most recent tax years meets the 125% threshold, but his income for the third most recent tax year is slightly below the requirement by a few thousand dollars. Will this discrepancy be an issue when filing Form I-864? Would we need a joint sponsor, or is his current and recent financial situation sufficient? Also, can we supplement the income in Part 7 of Form I-864 by including assets like savings and checking accounts?

3. Social Security Number: I plan to request an SSN as part of my Adjustment of Status application. How can I ensure that my Social Security card reflects my husband's last name, or is this change processed automatically?

Any advice or insights would be greatly appreciated!

Thank you!

[OldUser 6,606]

14 minutes ago, DaisyJane said:

Household Size: My husband lives with me and his twin sister, but they do not share finances. He supports only me, his wife. For the Adjustment of Status application, should I list the household size as just the two of us, or do we need to include his twin sister even though they do not share finances?

Doesn't have to include in household size. This depends on how he files taxes. Household includes spouses and any dependants.

[powerpuff 6,677]

12 minutes ago, DaisyJane said:

Household Size: My husband lives with me and his twin sister, but they do not share finances. He supports only me, his wife. For the Adjustment of Status application, should I list the household size as just the two of us, or do we need to include his twin sister even though they do not share finances?

You would only include her if she’s a dependent on the taxes. Otherwise, the household size is two unless he also has any minor children.

 

12 minutes ago, DaisyJane said:

Income Discrepancy: My husband is the petitioner and currently has a stable job that meets the 125% poverty guideline for a two-person household. However, his income for the most recent and second most recent tax years meets the 125% threshold, but his income for the third most recent tax year is slightly below the requirement by a few thousand dollars. Will this discrepancy be an issue when filing Form I-864? Would we need a joint sponsor, or is his current and recent financial situation sufficient? Also, can we supplement the income in Part 7 of Form I-864 by including assets like savings and checking accounts?

As long as his current income meets the requirements, it doesn’t really matter what his tax return says for the previous year. Make sure you provide proof of current income like paystubs and employment letter. I believe I-864 instructions mention 6 months of most recent paystubs. If his income is well above, then I wouldn’t bother with assets and bank statements.

 

14 minutes ago, DaisyJane said:

Social Security Number: I plan to request an SSN as part of my Adjustment of Status application. How can I ensure that my Social Security card reflects my husband's last name, or is this change processed automatically?

I would strongly advise you to get the SSN now before you reach day 75 out of 90. Having an SSN makes your life so much easier. Go in person and request it. It will be in your maiden name. You can change it once you either get an EAD on GC reflecting your married name. 

[OldUser 6,606]

16 minutes ago, DaisyJane said:

Income Discrepancy: My husband is the petitioner and currently has a stable job that meets the 125% poverty guideline for a two-person household. However, his income for the most recent and second most recent tax years meets the 125% threshold, but his income for the third most recent tax year is slightly below the requirement by a few thousand dollars. Will this discrepancy be an issue when filing Form I-864? Would we need a joint sponsor, or is his current and recent financial situation sufficient? Also, can we supplement the income in Part 7 of Form I-864 by including assets like savings and checking accounts?

Just barely meeting the requirement or missing by few thousands will likely result in RFE. I'd find a joint sponsor who exceeds the income requirement by at least 10k to be on safe side.

[OldUser 6,606]

4 minutes ago, powerpuff said:

I would strongly advise you to get the SSN now before you reach day 75 out of 90. Having an SSN makes your life so much easier. Go in person and request it. It will be in your maiden name. You can change it once you either get an EAD on GC reflecting your married name. 

I strongly agree with that

[K1visaHopeful 2,810]

10 hours ago, DaisyJane said:

Hello everyone,

I have a few questions regarding the Adjustment of Status application and Form I-864 (Affidavit of Support):

1. Household Size: My husband lives with me and his twin sister, but they do not share finances. He supports only me, his wife. For the Adjustment of Status application, should I list the household size as just the two of us

 

Yes. Reading the household section of the instructions will be helpful to you for understanding also. It explains who to include and why to include them. 

10 hours ago, DaisyJane said:

1. or do we need to include his twin sister even though they do not share finances?

No. 

10 hours ago, DaisyJane said:

1. Income Discrepancy: My husband is the petitioner and currently has a stable job that meets the 125% poverty guideline for a two-person household. However, his income for the most recent and second most recent tax years meets the 125% threshold, but his income for the third most recent tax year is slightly below the requirement by a few thousand dollars. Will this discrepancy be an issue when filing Form I-864?   

 

Not likely. Most recent year is paramount while three most recent is mostly used to ensure taxes have been filed for three most recent years and are similar in income. Third most recent is less relevant however your adjudicator can use the totality of any financial situation and can ask for anything they want to. 

10 hours ago, DaisyJane said:

1. Would we need a joint sponsor,

Unlikely.

10 hours ago, DaisyJane said:

1. or is his current and recent financial situation sufficient?

Most likely. 

10 hours ago, DaisyJane said:

1. Also, can we supplement the income in Part 7 of Form I-864 by including assets like savings and checking accounts?

If you want however amounts will need to be listed for the last year with lowest balance used. 

10 hours ago, DaisyJane said:

1. Social Security Number: I plan to request an SSN as part of my Adjustment of Status application. How can I ensure that my Social Security card reflects my husband's last name, or is this change processed automatically?

Any advice or insights would be greatly appreciated!

Thank you!

 

SSN will come in the name that you apply for the AOS form in.

If you want your GC and EAD to come in your new married name, you apply for those forms in that name. SSN follows in same name. 

 

That's why you apply NOW like the others have said in your maiden Name.

 

Ensure you've both checked out the VJ guides about common topics and joined your Monthly AOS Filing forum to get basic support from concurrent filers. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[DaisyJane 3]

thank you everyone for replying and helping me fill out the AOS form, the reason why I decided to file the SSN with the AOS is that its more convenient for us because my husband works 8-5 and he cannot drive me to the Social Security Office since it is already closed by then. Thank you ❤️

[OldUser 6,606]

8 hours ago, DaisyJane said:

thank you everyone for replying and helping me fill out the AOS form, the reason why I decided to file the SSN with the AOS is that its more convenient for us because my husband works 8-5 and he cannot drive me to the Social Security Office since it is already closed by then. Thank you ❤️

There's also an option for public transportation or even rideshare or taxi to get to SSA. I wouldn't restrict myself, because you never know how long AOS will take. Either way, good luck!

 

Edited August 22 by OldUser

[giftedunlimited 2]

What is the advise from the community in regards to if you are married already and about to turn in an I-485 within a week or so about getting a SSN?

[Boiler 45,445]

Do it