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bunkx

2 Quick I-864 Affidavit Questions

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I think I'm doing this right, but I thought why not ask you guys to make sure. When calculating household size on the main sponsor I-864, you do not double-count the spouse when the spouse is the intending immigrant, right? Do you just put a "0" in the spouse part even if you're married because your spouse is the person you're sponsoring?

 

And, since me and my husband barely make anything - he is 21, I'm 22, we're still in college - we're getting his parents to fill out another I-864 as a joint sponsor. They have two children, including my husband, who is still a dependent? I think? So do they put "2" on number 4? Regardless, even if the household size adds up to 5, they make more than 125% of poverty limit for a household of 5. 

 

(We're also having trouble finding their tax returns from 2015 and 2014, but it says that's optional. Just including 2016 will be fine, right?)

 

I've attached both I-864's as reference.

 

Any help is appreciated. The affidavit of support is the most stressful part...

 

 

 

affidavit household size.PNG

affidavit mary household.PNG


Adjustment of Status from F-1

Day  -16 - 01/01/17 - Married! (Same-Sex)

Day  -01 - 01/17/17 - Sent packet to Chicago Lockbox (FedEx)

Day   00 - 01/18/17 - Packet delivered

Day   07 - 01/25/17 - Email/Text NOA1 (PD 1/18)

Day   08 - 01/26/17 - Checks Cashed & MyUSCIS Works (I-485, I-130, I-131, I-765)

Day   12 - 01/30/17 - Hard Copy of all four NOA1s received in mail

Day   13 - 01/31/17 - Biometrics Appointment Letter received (02/13/17)

Day   19 - 02/06/17 - Biometrics walk-in successful (Arlington, VA)

Day   27 - 02/14/17 - Status changed to RFIE sent

Day   31 - 02/18/17 - RFIE arrived in mail (Forgot joint sponsor's birth certificate)

Day   34 - 02/21/17 - RFIE response delivered

Day   35 - 02/22/17 - Status changed to RFIE received

Day   43 - 03/02/17 - Case Ready to be Scheduled for Interview

Day   92 - 04/21/17 - EAD "New Card is Being Produced"

Day 100 - 04/29/17 - EAD/AP Combo Card Received

Day 184 - 07/21/17 - AR-11 Change of Address Submitted (online)

Day 190 - 07/27/17 - AR-11 Change of Address Confirmed

Day 198 - 08/04/17 - Case Ready to be Scheduled for Interview (again?!)

Day 281 - 10/26/17 - Interview Notice Received - Nov 28

Day 314 - 11/28/17 - Interview Day! (Approved on spot verbally, no paper or online notice yet)

Day 317 - 12/05/17 - Green Card received in mail! (Online status never updated)

 

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hi

 

correct, his mom will need to fill out the i864A as they are combining their income

 

they can request tax transcripts at IRS as they will need 2015 tax to send

 

2016 isn't required to send until after April 15th when tax season is over

 

until then the latest tax is 2015

 

 

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14 minutes ago, aleful said:

 

correct, his mom will need to fill out the i864A as they are combining their income

 

We live separately from them though. Can they just submit another I-864 as a joint sponsor? Do they have to file a form I-864A also?

 

I guess I'm just confused... What we are currently doing is this:

 

My husband is filing a form I-864 indicating he has no income as the primary sponsor - since he is the petitioner.

Because he has no income, his mom is also filing a form I-864 as a joint sponsor indicating a high enough income level.

We do not live in the same city as his parents, hence different household. 

 

If I understood you correctly, you're saying file one I-864 with my husband as the primary sponsor but include his mom in the household and just have her fill out an I-864A? Can you even do that? We're not in the same household... 

Edited by bunkx

Adjustment of Status from F-1

Day  -16 - 01/01/17 - Married! (Same-Sex)

Day  -01 - 01/17/17 - Sent packet to Chicago Lockbox (FedEx)

Day   00 - 01/18/17 - Packet delivered

Day   07 - 01/25/17 - Email/Text NOA1 (PD 1/18)

Day   08 - 01/26/17 - Checks Cashed & MyUSCIS Works (I-485, I-130, I-131, I-765)

Day   12 - 01/30/17 - Hard Copy of all four NOA1s received in mail

Day   13 - 01/31/17 - Biometrics Appointment Letter received (02/13/17)

Day   19 - 02/06/17 - Biometrics walk-in successful (Arlington, VA)

Day   27 - 02/14/17 - Status changed to RFIE sent

Day   31 - 02/18/17 - RFIE arrived in mail (Forgot joint sponsor's birth certificate)

Day   34 - 02/21/17 - RFIE response delivered

Day   35 - 02/22/17 - Status changed to RFIE received

Day   43 - 03/02/17 - Case Ready to be Scheduled for Interview

Day   92 - 04/21/17 - EAD "New Card is Being Produced"

Day 100 - 04/29/17 - EAD/AP Combo Card Received

Day 184 - 07/21/17 - AR-11 Change of Address Submitted (online)

Day 190 - 07/27/17 - AR-11 Change of Address Confirmed

Day 198 - 08/04/17 - Case Ready to be Scheduled for Interview (again?!)

Day 281 - 10/26/17 - Interview Notice Received - Nov 28

Day 314 - 11/28/17 - Interview Day! (Approved on spot verbally, no paper or online notice yet)

Day 317 - 12/05/17 - Green Card received in mail! (Online status never updated)

 

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hi

 

no, he files for the i864 as you stated

 

his mom files the i864 or his dad as the joint sponsor, the other spouse, mom or dad files the i864A as his or her household member

the parents are combining their income to cover 5 people

 

 

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1 minute ago, aleful said:

hi

 

no, he files for the i864 as you stated

 

his mom files the i864 or his dad as the joint sponsor, the other spouse, mom or dad files the i864A as his or her household member

the parents are combining their income to cover 5 people

 

 

Oh okay, gotcha. If his mom's income is enough by itself though, we don't need the I-864A from dad, right?


Adjustment of Status from F-1

Day  -16 - 01/01/17 - Married! (Same-Sex)

Day  -01 - 01/17/17 - Sent packet to Chicago Lockbox (FedEx)

Day   00 - 01/18/17 - Packet delivered

Day   07 - 01/25/17 - Email/Text NOA1 (PD 1/18)

Day   08 - 01/26/17 - Checks Cashed & MyUSCIS Works (I-485, I-130, I-131, I-765)

Day   12 - 01/30/17 - Hard Copy of all four NOA1s received in mail

Day   13 - 01/31/17 - Biometrics Appointment Letter received (02/13/17)

Day   19 - 02/06/17 - Biometrics walk-in successful (Arlington, VA)

Day   27 - 02/14/17 - Status changed to RFIE sent

Day   31 - 02/18/17 - RFIE arrived in mail (Forgot joint sponsor's birth certificate)

Day   34 - 02/21/17 - RFIE response delivered

Day   35 - 02/22/17 - Status changed to RFIE received

Day   43 - 03/02/17 - Case Ready to be Scheduled for Interview

Day   92 - 04/21/17 - EAD "New Card is Being Produced"

Day 100 - 04/29/17 - EAD/AP Combo Card Received

Day 184 - 07/21/17 - AR-11 Change of Address Submitted (online)

Day 190 - 07/27/17 - AR-11 Change of Address Confirmed

Day 198 - 08/04/17 - Case Ready to be Scheduled for Interview (again?!)

Day 281 - 10/26/17 - Interview Notice Received - Nov 28

Day 314 - 11/28/17 - Interview Day! (Approved on spot verbally, no paper or online notice yet)

Day 317 - 12/05/17 - Green Card received in mail! (Online status never updated)

 

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