I am filling Form I-485 in conjunction with I-130 to adjust the status of a parent of US citizen living in the United States and I am very confused by the section about 'Public Charge' in Part 8. items 61 to 68.d. on page 13 and 14 of the form.
From the related guidance it seems that the the mother of a US citizen applying for adjustment of status is subject to the public charge ground of inadmissibility under INA section 212(a)(4) - so I would answer Yes for item 61.
However, right after that things getting pretty confusing. Item 62 asks for size of your household, however, according to the guidance the only household members the applicant is required to list are:
themselves
their spouse
their parents
unmarried siblings
unmarried children under 21 residing with them.
or any other individuals who list them as a dependent on their federal income tax return
According to this, the applicant would only list themselves as part of the household because although she is living with her daughter, son in law and her two grandchildren, none of these people fall into the categories as defined in the I-485 instructions. So technically the household has 5 members (including the applicant), but am I not supposed to put 5 because they are not any of those listed people?
This doesn't seem right, which has me questioning if I should even answer yes to to item 61 - that the applicant is subject to the public charge ground of inadmissibility under INA section 212(a)(4). Or do I disregard the guidance and put the 5 people even though they do not fit into those categories?
I am slightly leaning toward thinking I don't have to answer yes to item 61 that she is subject to the public charge thing because why would we then have to list annual household income, assets, liabilities in items 63 to 65 if she is not part of the wider household according to this definition in the instructions? She has no US-based assets or income and has never applied or benefited from public assistance in the USA. And even if I say yes that she is subject to the public charge and list the household as 5, why do I have to put all this info about our family assets etc, which are separate from hers, on this form when she is the applicant and we are filing an Affidavit of Support, which details our income when sponsoring her as the beneficiary?
If anyone has any experience or knowledge about how to handle this type of situation it would be great to get your insights about how to proceed. I am sure this will be something many will be dealing with now and it would great to know what we're supposed to do!
Hopefully someone can help out. Many thanks
