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Filed: K-1 Visa Country: Thailand
Timeline

I was just putting some finishing touches on my wife's AOS application (she's here on a K-1), and preparing to finally mail it today when a potential problem occurred to me. This one's a little complicated, but I'll do my best to explain...

I am not making nearly the same amount of money this year as last year, and therefore, my mom (who we're currently living with) agreed to fill out the I-864A, which allows her income to supplement mine since she's a household member. Being the petitioner, of course, I am the sponsor filling out the regular I-864. On the I-864, following the exact rules/instructions, my household size comes out to 3 (me, my wife, and my mom). But I just noticed in the I-864 instructions, under "How do I count household size?" (page 2), it says, "Your household size includes yourself and the following individuals, no matter where they live: ....Any other dependents listed on your most recent Federal income tax return,...." I have no dependents listed on my most recent (2008) tax return. However... My mom claimed my sister as a dependent on her 2008 tax return, as my sister lived here for about the first half of that year but has since moved out for good. There is no section asking about household size on the I-864A my mom has to fill out. The thing is, both my mom and I have attached our most recent tax transcripts, and the first page of my mom's transcript clearly shows my sister listed as a dependent in 2008. It shows the same on her 2007 and 2006 transcripts as well. And, since the transcripts show my mom filed as "Head of Household," I think this automatically implies my sister was living at this address.

So... My concern is that the USCIS may notice this and bump the household size up to 4 instead of 3 (which will put us very close to the 125% poverty line). Do you think there is a chance of this? Or does the way we currently have things structured using the I-864A protect us from this possibility? Sorry if post is a bit complex or poorly written, but hopefully a few of you know what I mean and can give some advice. (Due to the nature of the question, I'd appreciate it if some of the more experienced forum members can try to answer it if possible, ... In other words, for those less famililiar with this topic, try not to answer if you're simply throwing a guess out there. But if you're somewhat sure of your answer, feel free ;) ). A fleeting thought... My sister is over 21 if this helps clarify anything in terms of tax laws.

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

It appears that you have done the I-864 and I-864A correctly. You added the household member (mom) to the 864 in line 21g. On the 864A there is no place to indicate the household member's family (household) size.

The CO may do some review of the information (current income claims and tax returns for both you and your mom) and feel that the combined income is not adequate. But I cannot recall reading anything here like that. If it meets the requirements then you ought to be OK.

From my reading of the forms and the information that you presented the forms are properly filled out.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Timeline

I tend to agree with the last answer, that the forms have been correctly filled out. I also think that it was wise to have your Mum serve as a contributing Household member and not a co-sponsor, because in that case had she filled in the I-864 instead of simply the I-864A, then "her" household would have been 4, rather than 3.

I was just putting some finishing touches on my wife's AOS application (she's here on a K-1), and preparing to finally mail it today when a potential problem occurred to me. This one's a little complicated, but I'll do my best to explain...

I am not making nearly the same amount of money this year as last year, and therefore, my mom (who we're currently living with) agreed to fill out the I-864A, which allows her income to supplement mine since she's a household member. Being the petitioner, of course, I am the sponsor filling out the regular I-864. On the I-864, following the exact rules/instructions, my household size comes out to 3 (me, my wife, and my mom). But I just noticed in the I-864 instructions, under "How do I count household size?" (page 2), it says, "Your household size includes yourself and the following individuals, no matter where they live: ....Any other dependents listed on your most recent Federal income tax return,...." I have no dependents listed on my most recent (2008) tax return. However... My mom claimed my sister as a dependent on her 2008 tax return, as my sister lived here for about the first half of that year but has since moved out for good. There is no section asking about household size on the I-864A my mom has to fill out. The thing is, both my mom and I have attached our most recent tax transcripts, and the first page of my mom's transcript clearly shows my sister listed as a dependent in 2008. It shows the same on her 2007 and 2006 transcripts as well. And, since the transcripts show my mom filed as "Head of Household," I think this automatically implies my sister was living at this address.

So... My concern is that the USCIS may notice this and bump the household size up to 4 instead of 3 (which will put us very close to the 125% poverty line). Do you think there is a chance of this? Or does the way we currently have things structured using the I-864A protect us from this possibility? Sorry if post is a bit complex or poorly written, but hopefully a few of you know what I mean and can give some advice. (Due to the nature of the question, I'd appreciate it if some of the more experienced forum members can try to answer it if possible, ... In other words, for those less famililiar with this topic, try not to answer if you're simply throwing a guess out there. But if you're somewhat sure of your answer, feel free ;) ). A fleeting thought... My sister is over 21 if this helps clarify anything in terms of tax laws.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Filed: K-1 Visa Country: Thailand
Timeline
I tend to agree with the last answer, that the forms have been correctly filled out. I also think that it was wise to have your Mum serve as a contributing Household member and not a co-sponsor, because in that case had she filled in the I-864 instead of simply the I-864A, then "her" household would have been 4, rather than 3.

Yeah, that's part of the reason I was confused... Since her filling out an I-864 would have made the household size 4, I was worried the USCIS or CO might look at the overall picture, realize this, and count 4 even if she just filled out the I-863.

On a separate attached sheet, one thing my mom wrote is that my sister has not lived here since 2008 (and to take note of that when determining/verifying household size). But now I'm beginning to wonder if that may just draw more attention and have the opposite effect, and am now wondering if I should remove this part. Any thoughts on this or on the original post in general?

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