Affidavit of Support - Roommate?

[haze 0]

Recently I called the USCIS regarding the Affidavit of Support. The original question was if my fiance is still living with his parents for the time being, will the 125% of poverty be just for the 2 of us? Or will his parents have to be included thus making it a family of 4. The answer to this question was that it would be considered a family of 4 if he is still living with his parents.

So now he's looking at renting from a friend of his. Would his friend count toward the headcount for the affidavit of support? If he's paying rent to the guy he's obviously not a dependent of my fiances'. From what I understand they would be sharing the living space, I don't think it's a basement apartment -- But would that make a difference if it was? What is the exact criteria for being a part of the headcount for an affidavit of support?

The only person he is sponsoring is me, I have no dependents of my own we're just trying to get to a situation where he doesn't have extra people to take into consideration for the salary requirements for the affidavit of support. He also has no dependents, just parents or roommates.

[baron555 934]

Recently I called the USCIS regarding the Affidavit of Support. The original question was if my fiance is still living with his parents for the time being, will the 125% of poverty be just for the 2 of us? Or will his parents have to be included thus making it a family of 4. The answer to this question was that it would be considered a family of 4 if he is still living with his parents.

So now he's looking at renting from a friend of his. Would his friend count toward the headcount for the affidavit of support? If he's paying rent to the guy he's obviously not a dependent of my fiances'. From what I understand they would be sharing the living space, I don't think it's a basement apartment -- But would that make a difference if it was? What is the exact criteria for being a part of the headcount for an affidavit of support?

The only person he is sponsoring is me, I have no dependents of my own we're just trying to get to a situation where he doesn't have extra people to take into consideration for the salary requirements for the affidavit of support. He also has no dependents, just parents or roommates.

The USC has to send in a I-134 form, regardless of his income. Regardless of his income.

If his income does not meet the 125% for the new family size to be (him, you, plus anyone else that is financially dependent on him) then he needs a co-sponsor. If the co-sponsor is say his father, then the father's income has to be more than 125% for his finacially dependent family size (father, mother, other children and maybe the USC if the father gives him money).

[haze 0]

So why would the USCIS tell me that we had to include his parents in on the headcount? x.x He currently makes the 125% for just the two of us, but doesn't not make enough for a "family of 4." Perhaps it is because he does not pay his parents rent?

Either way if he is paying rent to a friend; then the friend -will not- be counted as a part of the head count correct?

[trailmix 77]

I don't know why they told you that - his parents are not dependants - I can't see it being relevant, from the I-864 instructions:

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live:

- any spouse

- any dependent children under the age of 21

- any other dependents listed on your most recent Federal income tax return

- all persons being sponsored in this affidavit of support

- and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support.

If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise to use their income and resources in support of the intending immigrant(s).

[JD63 4]

Yeah, they def misinformed you.

[haze 0]

God that's annoying. My fiance is going to be pleased when I tell him that they misinformed me don't worry about looking for a place to live. I think I'm going to call tomorrow and ask again just to check and then kindly let them know that they have some woman on there giving out false information.

[trailmix 77]

Hi haze,

It is referred to as the mis-information line.

I'm glad we were able to clear this up for you. He just has to prove he can support you - not his parents

[Gary and Alla 3,694]

Recently I called the USCIS regarding the Affidavit of Support. The original question was if my fiance is still living with his parents for the time being, will the 125% of poverty be just for the 2 of us? Or will his parents have to be included thus making it a family of 4. The answer to this question was that it would be considered a family of 4 if he is still living with his parents.

So now he's looking at renting from a friend of his. Would his friend count toward the headcount for the affidavit of support? If he's paying rent to the guy he's obviously not a dependent of my fiances'. From what I understand they would be sharing the living space, I don't think it's a basement apartment -- But would that make a difference if it was? What is the exact criteria for being a part of the headcount for an affidavit of support?

The only person he is sponsoring is me, I have no dependents of my own we're just trying to get to a situation where he doesn't have extra people to take into consideration for the salary requirements for the affidavit of support. He also has no dependents, just parents or roommates.

Their answer was wrong...big surprise. Unless his parents are disabled and claimed by him on his tax return as dependents, they are NOT dependents and his family size is two.

[Gary and Alla 3,694]

So why would the USCIS tell me that we had to include his parents in on the headcount? x.x He currently makes the 125% for just the two of us, but doesn't not make enough for a "family of 4." Perhaps it is because he does not pay his parents rent?

Either way if he is paying rent to a friend; then the friend -will not- be counted as a part of the head count correct?

Because they are un-trained, uninformed contract workers that answer phones for several US departments. They are hired by affirmative action and paid by the pound, usually. As with any such people, when they do not know the answer (they have a menu of 14 answers and choose which one fits best) they make one up. The 1-800-misinformation line is a complete and total waste of time and money.