Hello everyone.
First of all thank you for your help and support throughout this process.
Recently my K-1 fiancé Visa filing was approved. My fiancé and I got married in February in US, and filed I-485, I-864, I-131 and I-765 forms.
I have 2 questions:
Question #1:
Regarding Part 5, Household size: I originally submitted 1 for my spouse and 1 for myself, a total of 2.
My mom and sister live in the same house as me and my wife. They are not my dependents, are not on my tax returns, and I did not use their income as joint sponsors. Do I need to include them as part of Sponsor's Household Size in future I-864 filing?
The reason I am asking is that I received a Request For Evidence (Form I-485) to submit another I-864. The USCIS letter indicated that my income was not enough to qualify as a sponsor, and that they only accept the "Total Income" on 1040, not the "Gross Receipts" line from Schedule C of taxes.
That brings me to
Question #2:
They had accepted my income before for the K-1 Visa. I understand that the K-1 requirement calls for 100% of HHS Poverty Guidelines, and the Green card (I-485) needs income based on 125% of HHS Poverty Guidelines. But I had enough income showing on tax returns for 125% HHS: My Schedule C for the past 3 years of tax filing showed enough income. These tax returns were the same tax returns that I had submitted for the K-1 Visa. Nothing has changed.
Nevertheless, I ordered an appraisal for my house. The appraisal will be ready this week.
The title of the house is in a revocable family living trust, with both me and my sister as trustees. In essence, I own 50% of the house.
The Mortgage is under my mom's name.
Is there any problem with the title being under a family trust as far as the USCIS is concerned?
And is there a problem with the mortgage not under my name?
My 50% ownership will satisfy the cash value requirement after deducting the mortgage: The 3 times asset requirement rule of either $24,650 for a household of 2, or $37,500 for a household of 4
I really appreciate help in this manner.
Thank you.