I-864 Household size question

[dan0f3 0]

So i am wondering how to count the household size on my I-864 affidavits.

Situation:

Filing for AOS for my wife. She came here Nov. 2009 with fiance K-1 visa. We were married on the 25th that same month.

We are living with my parents till we get on our feet and they are also filling out the affidavit as joint sponsors. Currently I am looking for work since returning from Japan. My wife and I currently have no salaries and I don't even have tax forms from the last 3 years as I have been gone and they were not required.

No one can agree on Part 5 of the I-864. Its self explanatory till we hit 'g'. So i wanted to ask you all what you thought would be the correct size for all three affidavits. I will give the numbers for my affidavit and theirs followed by an explanation for both.(some people are confused about 'c', and this may help them).

PART 5. Question 21, Sponsor's household size

a: mine 1 / theirs 1 (right? because we are sponsoring my wife and she/we have no other children or family needing sponsorship)

b: mine 1 / theirs 1

c: mine 0 / theirs 1 (this is because although I am married to her, i am unable to count her twice / parents are married to each other so they count each other. so far so good)

d: mine 0/ theirs 0 (my wife and i have none / parents have no dependents filed on there taxes. We all have the same principal residence, but we are not dependents, I believe the technical term for my wife and I is 'bum' or 'squatter' )

e: mine 0 / theirs 0 (none filed / none filed)

f: mine 0 / theirs 0 (none filed / none filed)

g: mine 2 / theirs 1 or 0 (I THINK my affidavit 21g includes them so mine is 2 / We cant agree if their affidavits include me as part of the household.

Official 21g instructions & step-by-step instructions:

g:"If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here." (step-by-step explanation "21g - This question gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these family members in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this form. To be considered, any relative indicated in this category must sign and submit Form I-864A."

So it seems that my affidavit 21g will be '2' because my parents are joint sponsors who are adding their income to mine(which is currently $0.00).

Assuming I have been correct so far(please correct me otherwise), we still cannot agree on what their 21g will be. 1 or 0? will they include me or not? I am the main and they are my joint sponsors so I thought they would.

That will bring my affidavit household size to: 4 (the immigrant(wife), myself, and both parents as 2 joint sponsors)

And my Parents(joint sponsors) household size: 4 or 3 (the immigrant, themselves, their spouses(each other), and me or not me)

ARGUMENTS:

I thought they would include me because they live at the same address and are adding their income to my income as joint sponsors. Even if my income is 0, zero is still a number and they are adding theirs to it.

They believe that they are NOT adding their income to mine.... because my income is 0(no job...yet) and therefor to-the-letter I have no income to be added to.

lol! Now I read this, it almost comes down to: is 0 a number? quite a philosophical question, no?

But seriously, what should we both put for 21g?

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Clever-er signature

[Anh map 2,098]

If one parent's income is enough then only parent completes an I-864A. Doesn't matter that they may have a joint tax return. If both parents' income is needed then each one completes an I-864A. This would impact what you put for 21g (1 or 2).

Edited January 21, 2010 by Anh map

[Bobby+Umit 161]

The answer I get:

Your I-864 is "4" Line 21 H

(1 for your wife (sponsored on the form) (21A), 1 for YOU (21B), 2 for your parents supply 864A's in the same household (21G))

The I-864A does not ask for household size. (Which they would use to add their income to your I-864 sponsorship, since they are in the same house)

As AnhMap says, if you only need one 864A (one parents income) you would adjust 21G accordantly.

(you would put their income in 24B, and 24C is the total income - so you need to meet the poverty level for 4 (or 3 sir)

Edited January 21, 2010 by Bobby+Umit

[dan0f3 0]

me--->

I think I get it now.

1. They file a I-864A and NOT an I-864.

2. I was right about my household size of 4

3. I made this way more complicated than I needed to.

4. You guys reply super fast.

5. Thank you so much.

Furthermore, I only need one of them to file? I thought that it looked very bad that I had not yet found employment so I would add both parents and our family assets.

If this is indeed static(just beating a minimum requirement and not a judgment call on the part of the official reviewing our case), then yes, I will indeed ask for only one of them to file and whats more we need not include assets!

Thanks again. I am nearly ready to submit now!

The joint sponsoring parent in question has an annual salary of 145K. Is that enough all by itself? Or should that be supplemented with additional sponsors and or assets? Stupid question and I am almost sure that's enough, but better safe than sorry, right? (I get so paranoid about this stuff)

[Bobby+Umit 161]

me--->

I think I get it now.

1. They file a I-864A and NOT an I-864.

Correct. Since they are in the same household and willing to front you their income.

2. I was right about my household size of 4

But you were wrong in other places

3. I made this way more complicated than I needed to.

Most people do.

4. You guys reply super fast.

Funny, wife says the same thing...

5. Thank you so much.

Where shall I send the bill?

Furthermore, I only need one of them to file?

Yes, if income from one can handle 3 people.

I thought that it looked very bad that I had not yet found employment so I would add both parents and our family assets.

You can do that, yes.

If this is indeed static(just beating a minimum requirement and not a judgment call on the part of the official reviewing our case), then yes, I will indeed ask for only one of them to file and whats more we need not include assets!

You will want to ensure that you cover the amount needed, and then some - just to be safe.

Thanks again. I am nearly ready to submit now!

If it is your time to do so.

The joint sponsoring parent in question has an annual salary of 145K. Is that enough all by itself?

Yes.

Or should that be supplemented with additional sponsors and or assets?

Not with that amount - have you look at the I-864P for 3 people?

Stupid question and I am almost sure that's enough, but better safe than sorry, right? (I get so paranoid about this stuff)

No such thing as a stupid question, just stupid people ( I kid I kid)

[Anh map 2,098]

Looks like you are in great shape with the level of income that you indicated.

They could ask the other parent to do an I-864A as well. More to be sure that one spouse was aware of that the other is obligating themselves to sponsorship. Recently another VJ'er using a cosponsor had this occur. The Consular officer told them that in light of the economic circumstances the USCIS wanted the sponsor spouse to be aware. Not sure if this will come up as the other VJ member was submitting the info in conjunction with a DCF/CR1 petition at an embassy overseas.

Best of luck to you both.

[dan0f3 0]

Another probably silly question, but do i need to file the i-130 with the affidavit of support? It was not listed on the check list, here:http://www.visajourney.com/forums/index.php?autocom=custom&page=k1k3aos

As i stated in the first post, she came here with a K-1 VISA.