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Filed: Timeline
Posted

Hi everybody... please help! :help:

Recently I filed for my husband's AOS. I was the principal sponsor and my mother was the join sponsor. I haven't submitted for tax returns since my mother always claimed me as a dependent. My mother makes a little above 21,000. If I am considered a dependent, then will and my husband both be considered part of her household? (a 3 person household requires 22.8k for the 125% requirement).

What am I supposed to do in this situation? I can get another person to sign up for an I-864, and if they meet their own household requirements, how does my husband and I figure in this equation?

I mean, I don't know how it is calculated. I can get my mother and someone else to sponsor, their joint income might be 40k. The other person is above poverty guidelines, but will this make a difference?

Posted (edited)

You mom would count herself, you (since she is financially responsible for you), then your husband - since he is the intending immigrant. (so 3)

If you drop your mother as a co-sponsor, and get a new one, they would only count your husband, and anyone they are financially responsible for.

If that one sponsor meets the poverty level, then your mother is not needed at all. In fact, you cannot "combine" resources if you use a joint sponsor. (household sponsors are different)

(you will, however, still need to fill out the I-864 for yourself, you are still considered the "principle" sponsor. You would need to have a written explanation why you didn't file taxes, as per the I-864 instructions.

(Also, do you have any income? - and are you living in your moms house or visa versa?)

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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