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TarKenkari

I-864 - Math check

By TarKenkari in IR-1 / CR-1 Spouse Visa Process & Procedures

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TarKenkari Contributor

TarKenkari   22

Posted
Filed: IR-1/CR-1 Visa Country: New Zealand
 Timeline
Posted (edited)

Hi all,

 

I'm starting to look at the I-864/I-864a form. My wife is a USC who has lived overseas for 10 years, so she has zero US income to contribute. We are getting family to co-sponsor me to meet the income requirement.

 

With the Brother in laws I-864a, I'm trying to confirm the minimum income, I have the federal tables, i just want to double check the count of how many dependents he needs to account for on his form.

 

The situation...

My family: (all currently in New Zealand)

Me (the beneficiary, NZ citizen)

My wife (the I-130 sponsor, US citizen, currently living in NZ)

Our Son (2 years old, US citizen)

 

Brother in laws family: (All living in Arizona)

Brother in law (US citizen, main income earner in the family)

His wife (US citizen)

2 children (both under 5 years old)

 

Based on this, my math is that the household size is 5 (his family plus me) or do I need to include my wife and son in the household size? (so 7?)

Edited by TarKenkari

USCIS

01/18/2017: I-130 mailed

02/13/2017: NOA1

10/30/2017: NOA2

NVC

11/22/2017: NVC welcome letter received (by email, paper copy arrived weeks later)

12/07/2017: Filled in DS-260 online

12/08/2017: Posted NVC package (AOS, IV & Civil Documents)

12/18/2017: NVC Scan date

02/01/2018: NVC Case Complete

03/02/2018: Receive Interview Appointment letter

03/20/2018: Medical appointment

04/17/2018: Interview, result: APPROVED!!!

04/24/2018: Visa Issued and shipped from Consulate

04/26/2018: Visa received!

06/21/2018: Landed in Houston! Passport stamped :)

07/14/2018: Greencard arrived in the mail

 

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Ryan H Grand Master

Ryan H   3,790

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted (edited)

If your brother in-law is going to act as a Joint Sponsor (Joint Sponsor is the proper term when referring to an I-864, not co-sponsor), he will need to complete an I-864, not an I-864A.  His household count is 5 (his family plus you).

Edited by Ryan H

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pushbrk Grand Master

pushbrk   12,105

Posted
Filed: Other Country: China
 Timeline
Posted
1 minute ago, Ryan H said:

If your brother in-law is going to act as a Joint Sponsor (Joint Sponsor is the proper term when referring to an I-864, not co-sponsor), he will need to complete an I-864, not an I-864A.  His household count is 5 (his family plus you).

Absolutely correct.  However, if he is married filing a joint tax return, it is always the best practice (though technically NOT required) to have his wife provide an I-864a whether she has income or not.  

 

The petitioner is always the primary sponsor whether they have income or not, so an I-864 from the petitioner is absolutely required.

Facts are cheap...knowing how to use them is precious...
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TarKenkari Contributor

TarKenkari   22

Posted
Filed: IR-1/CR-1 Visa Country: New Zealand
 Timeline
  • Author
Posted

Great thanks for the confirmation. I had hoped that was the case. Appreciate the terminology clarification!

USCIS

01/18/2017: I-130 mailed

02/13/2017: NOA1

10/30/2017: NOA2

NVC

11/22/2017: NVC welcome letter received (by email, paper copy arrived weeks later)

12/07/2017: Filled in DS-260 online

12/08/2017: Posted NVC package (AOS, IV & Civil Documents)

12/18/2017: NVC Scan date

02/01/2018: NVC Case Complete

03/02/2018: Receive Interview Appointment letter

03/20/2018: Medical appointment

04/17/2018: Interview, result: APPROVED!!!

04/24/2018: Visa Issued and shipped from Consulate

04/26/2018: Visa received!

06/21/2018: Landed in Houston! Passport stamped :)

07/14/2018: Greencard arrived in the mail

 

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