I-864 Question regarding joint sponsor/household income

[Parkers27910 4]

Hi there...

This is all new to me. This process has been so long for us (as has been for all of you) and I am terrified of making a mistake and prolonging this already grueling process. I am hoping to get some feedback from someone who can point us in the right direction.

I am currently residing in Canada with my husband. My father will be our joint sponsor as my income for the last three years will not meet the minimum requirements for our family. As his income alone does not meet the minimum requirements, we would like his wife's income to be included in our application. I have several questions that I am hoping for some clarity on with regards to this situation:

1) My understanding is that my father and myself need to complete the I-864 and his wife needs to complete the I-864A. Can someone please confirm that this is accurate?

2) For my I-864, for Part 5. Sponsor's Household Size, there is no space for me to add my father, his wife, and their daughter as a household member. For my father's I-864, Part 5. Sponsors Household Size, there is no space for him to add me or mine and my husband's 3 children (they are all American by the way and are not applicants). I am very, very confused by this, as we were told by the agent at the NVC office that the minimum income requirement would need to be met for 8 people if we were using my Dad as a sponsor (My husband, myself, our three children, my father, his wife, and their child) and our household totals are not adding up to this on the forms.

I sincerely appreciate any feedback!

[aleful 1,905]

hi

1 is correct,

the huge confusion is question 2

you don't combine income with your joint sponsor, that's why you have separate i864s, which means separate families

you don't put your dad's family on your i864, nor does your dad put your family on his i864, separate households

you, you are a family of 5 so your house hold will be 5

your dad has a household of 3 plus your husband, makes a household size of 4, his wife will sign the i864A as your dad's household member, they are combining income as they are married, and your dad cannot sponsor your husband by himself, without his wife's income.

you add your taxes with your i864, they add their taxes on their affidavit of support

each is done separately

[Parkers27910 4]

hi

1 is correct,

the huge confusion is question 2

you don't combine income with your joint sponsor, that's why you have separate i864s, which means separate families

you don't put your dad's family on your i864, nor does your dad put your family on his i864, separate households

you, you are a family of 5 so your house hold will be 5

your dad has a household of 3 plus your husband, makes a household size of 4, his wife will sign the i864A as your dad's household member, they are combining income as they are married, and your dad cannot sponsor your husband by himself, without his wife's income.

you add your taxes with your i864, they add their taxes on their affidavit of support

each is done separately

Ok. So just to confirm, we DO need to be using the minimum guidelines for a household size of 8 correct?

Thank you again!

[aleful 1,905]

hi

nope, you have a household size of 5, check the poverty guidelines for a household of 5

your dad has a household size of 4, so he has to make enough on the poverty guidelines to cover 4 people

as stated, you aren't combining incomes or household sizes, each family is separate

[Parkers27910 4]

hi

nope, you have a household size of 5, check the poverty guidelines for a household of 5

your dad has a household size of 4, so he has to make enough on the poverty guidelines to cover 4 people

as stated, you aren't combining incomes or household sizes, each family is separate

Ugh! How confusing! The NVC agent specifically said we would need to meet the requirements for all of us together! How knowledgeable are these agents? How very frustrating! Are you positive about this? If this is the case, his wife would not need to do the household member I-864A (we wouldn't need her income to meet the requirements). This is my first post about this and I just want to make sure this is accurate before I submit the application.

My next question would be then would it hurt us for her to submit the I-864A just in case? Thank you so much for all of your help. You have no idea how much I appreciate it!

[Parkers27910 4]

Also, they also said that my income WOULD NOT be combined with my joint sponsors to meet the requirements. Is this correct?

For example, say the minimum income requirement for our family was $30,000 (this is not accurate, but just to keep it simple). If my income was $15,000 and my fathers was $20,000, would we meet the requirement? Or does my father alone (as the joint sponsor) need to meet the $30,000 minimum?

Thanks again!

[aleful 1,905]

hi

forget about what they told you that person was wrong, they misinform people most of the time

there is no problem if your dad want's to combine income with his wife. He files the i864 and his wife the i864A as his household member.

as I told you before joint sponsors cannot combine income, only household members can

so he cannot combine income with you, that's why I told you that he has to make enough to cover 4 people, ( himself, his wife, his child and your husband as the beneficiary)

to not need any joint sponsor, for a family of 5 you would need to make over $35K in the US, because you are moving back and you won't have the income you had before. Since you can't, you will need your dad as your joint sponsor

he isn't sponsoring you or your children, you all are USC, you don't need sponsoring

he needs to cover his family plus the beneficiary, for a family of 4, he will need over 30K

remember the poverty guides will change in March or April, they change every year, so it will probably be a little more than the current one

Edited February 27, 2015 by aleful

[NikLR 13,220]

You = I-864. Your household count will be 5. You, the immigrant, and the children.

Your dad = I-864. His household size will be 4. HIm, his wife, his dependent child, and the immigrant

If he doesn't meet that income requirement on his own, or if he files taxes jointly with his wife then she should add a completed I-864a to his I-864 as a household member and combine their incomes.

You do not live with your father and do not combine incomes with him.

On a side note, have you looked at the domicile thread in the Canada forum. This will be important for you since you're still living in Canada. Montreal is VERY strict about reestablishing your domicile in the USA for the the petitioner.

Also unless the person is filling out an I-864a as a household member you do not put them down in this area of the I-864.

[Parkers27910 4]

You = I-864. Your household count will be 5. You, the immigrant, and the children.

Your dad = I-864. His household size will be 4. HIm, his wife, his dependent child, and the immigrant

If he doesn't meet that income requirement on his own, or if he files taxes jointly with his wife then she should add a completed I-864a to his I-864 as a household member and combine their incomes.

You do not live with your father and do not combine incomes with him.

On a side note, have you looked at the domicile thread in the Canada forum. This will be important for you since you're still living in Canada. Montreal is VERY strict about reestablishing your domicile in the USA for the the petitioner.

Also unless the person is filling out an I-864a as a household member you do not put them down in this area of the I-864.

I am so, so happy with all of this help. You guys are amazing! How can I find that thread? I'm new to all of this =/ Thanks again!

[Parkers27910 4]

Just found it =) I'm pretty prepared I believe for the Domicile issue! Thank you again for the help!

Edited February 27, 2015 by Parkers27910

[Parkers27910 4]

You = I-864. Your household count will be 5. You, the immigrant, and the children.

Your dad = I-864. His household size will be 4. HIm, his wife, his dependent child, and the immigrant

If he doesn't meet that income requirement on his own, or if he files taxes jointly with his wife then she should add a completed I-864a to his I-864 as a household member and combine their incomes.

You do not live with your father and do not combine incomes with him.

On a side note, have you looked at the domicile thread in the Canada forum. This will be important for you since you're still living in Canada. Montreal is VERY strict about reestablishing your domicile in the USA for the the petitioner.

Also unless the person is filling out an I-864a as a household member you do not put them down in this area of the I-864.

Sorry guys... I have one other question regarding the domicile issue. I was basically forced to come to canada with him in May, being 8 months pregnant, because he was denied entry as a tourist to the states. I packed up my house and put everything in storage... Literally put my life on hold and am temporarily in canada with him until this is all finished. Would Canada be my country of Domicile if I still have my residence/storage, everything in the states? Just confused about this! Thanks!

[NikLR 13,220]

Did you claim residency to have provincial health care? Or did you pay for the birth out of pocket or with insurance?

[Parkers27910 4]

Did you claim residency to have provincial health care? Or did you pay for the birth out of pocket or with insurance?

No, I did not claim residency for the provincial health care. I did pay for the birth out of pocket.

However, we are currently receiving CCTB benefits because of my husband's Canadian Citizenship. We are receiving these benefits in my name.

[NikLR 13,220]

No, I did not claim residency for the provincial health care. I did pay for the birth out of pocket.

However, we are currently receiving CCTB benefits because of my husband's Canadian Citizenship. We are receiving these benefits in my name.

Hrm..

---

Entitlements to benefits

Canada child tax benefit

As a non-resident, you are not eligible to receive the Canada child tax benefit (CCTB) unless you are the spouse or common-law partner of a deemed resident and you meet the CCTB eligibility requirements.

---

4. Can I get the Canada child tax benefit?

To be eligible, you must meet all the following conditions:

• you must live with the child, and the child must be under the age of 18;
• you must be primarily responsible for the care and upbringing of the child;
• you must be a resident of Canada; and
• you or your spouse or common-law partner must be a Canadian citizen, a permanent resident, a protected person, or a temporary resident who has lived in Canada for the previous 18 months, and who has a valid permit in the 19th month.

If they were in his name I'd say no you weren't, but in your name that makes it yes you are.

---

websites obtained from:

http://www.cra-arc.gc.ca/tx/nnrsdnts/ndvdls/nnrs-eng.html

http://www.cra-arc.gc.ca/bnfts/cctb/fq_qlfyng-eng.html#q4

Edited March 1, 2015 by NLR