Extremely confused (and scared) about public charge ground of inadmissibility

[Axys 0]

My spouse and I are finally together in the United States. We got married a little over a week ago (well within the 3 months range for a K-1), and we are now tackling the adjustment of status process.

 

We are currently stumped at part 8, section 61 and all related sections, public charge ground of inadmissibility. As we understand it, every family-based immigrant needs to check yes under the box. The issue we have is that we are both in our (very) early twenties. My spouse is still in college. By ourselves, we are below the poverty guidelines of the state we live in. I was admitted for a K-1 due to my spouse's father signing an affidavit of support (tried to also add my parents' assets, they didn't seem to care about them at the consulate). My spouse's father is now working on a new affidavit of support, as it is needed for adjustment of status. He is still on board on supporting us.

 

However, now that we're married and my spouse is no longer his dependent child, we have to put 2 under our household size on the i-485, meaning our assets and income are well below poverty line. I worry that this will turn heads at USCIS, even with the affidavit of support from my spouse's father as a joint sponsor. Am I freaking out about nothing? Are we supposed to indicate my spouse's father income/assets under the i-485 as well, even if he's not part of our household?

[OldUser 6,366]

16 minutes ago, Axys said:

My spouse and I are finally together in the United States. We got married a little over a week ago (well within the 3 months range for a K-1), and we are now tackling the adjustment of status process.

 

We are currently stumped at part 8, section 61 and all related sections, public charge ground of inadmissibility. As we understand it, every family-based immigrant needs to check yes under the box. The issue we have is that we are both in our (very) early twenties. My spouse is still in college. By ourselves, we are below the poverty guidelines of the state we live in. I was admitted for a K-1 due to my spouse's father signing an affidavit of support (tried to also add my parents' assets, they didn't seem to care about them at the consulate). My spouse's father is now working on a new affidavit of support, as it is needed for adjustment of status. He is still on board on supporting us.

 

However, now that we're married and my spouse is no longer his dependent child, we have to put 2 under our household size on the i-485, meaning our assets and income are well below poverty line. I worry that this will turn heads at USCIS, even with the affidavit of support from my spouse's father as a joint sponsor. Am I freaking out about nothing? Are we supposed to indicate my spouse's father income/assets under the i-485 as well, even if he's not part of our household?

It's ok to be worried, but as long as the father is a eligible joint sponsor, it should be OK. Sponsor should be a US citizen or US LPR, so your parents cannot help much

[hplusj 120]

3 hours ago, Axys said:

We are currently stumped at part 8, section 61 and all related sections, public charge ground of inadmissibility. As we understand it, every family-based immigrant needs to check yes under the box.

Is this true?  Can anyone provide more information on this?  

[OldUser 6,366]

58 minutes ago, hplusj said:

Is this true?  Can anyone provide more information on this?  

Yes, most people's answer is yes.

The question is funky in the way it's worded.

[Nashmusah 29]

54 minutes ago, OldUser said:

Yes, most people's answer is yes.

The question is funky in the way it's worded.

That's correct 👌. 

[Rocio0010 5,579]

11 hours ago, Axys said:

understand it, every family-based immigrant needs to check yes under the box.

Correct. And that is why you submit Form I-864

 

11 hours ago, Axys said:

even with the affidavit of support from my spouse's father as a joint sponsor. Am I freaking out about nothing?

As long as father is a USC or a PR and makes above the poverty guideline to support himself, you, your spouse and any other dependents, then you should be fine.