AOS Part 5

[IT_1 0]

Hello Guys,

I have a question regarding AOS part 5 Household Size.

My Mom has filed for my younger brother and also 1 bro and 1 sis over 21. My younger brother case is approved and we already paid AOS fee.

My brothers and sis lived outside USA, so my question is when my MOM completing AOS part # 5 household size.

Does she need to mention my overseas brothers and sister in part 5 Household Size???

Thanks,

IT.

[YuAndDan 153]

Not unless being supported and living in same household.

For example a sponsor may have a son/daughter living in same household, however unless parent is supporting them, as in son/daughter is not working they don't need to count.

[RICARDO4EVA2 194]

The Truth was said above..

[VanessaTony 3,567]

Not unless being supported and living in same household.

For example a sponsor may have a son/daughter living in same household, however unless parent is supporting them, as in son/daughter is not working they don't need to count.

The above answer is incomplete.

Your mother must include ANY other people she is sponsoring as part of her household count. In this case you have stated:

My Mom has filed for my younger brother and also 1 bro and 1 sis over 21. My younger brother case is approved and we already paid AOS fee.

My brothers and sis lived outside USA, so my question is when my MOM completing AOS part # 5 household size.

Does she need to mention my overseas brothers and sister in part 5 Household Size???

So based on the instructions of the I-864 here: http://www.uscis.gov/files/form/i-864instr.pdf page 7, #21F "Enter the number of lawful permanent residents whom you are currently obligated to support based on your previous submission of Form I-864 as a petitioning, substitute, or joint sponsor, or of Form I-864EZ as a petitioning sponsor. Include only those persons who have already immigrated to the United States."

As your siblings have yet to actually move to the US they aren't counted YET. Once they move to the US they must be counted. If they immigrate after your AOS is approved there's nothing to worry about. if they immigrate before it's approved then your mother will have to revise her I-864 to include them in the household count. When they immigrate then she needs to remember to count you in her household size... Right now though it's just you and her.

Edited February 23, 2011 by Vanessa&Tony

[IT_1 0]

The above answer is incomplete.

Your mother must include ANY other people she is sponsoring as part of her household count. In this case you have stated:

So based on the instructions of the I-864 here: http://www.uscis.gov/files/form/i-864instr.pdf page 7, #21F "Enter the number of lawful permanent residents whom you are currently obligated to support based on your previous submission of Form I-864 as a petitioning, substitute, or joint sponsor, or of Form I-864EZ as a petitioning sponsor. Include only those persons who have already immigrated to the United States."

As your siblings have yet to actually move to the US they aren't counted YET. Once they move to the US they must be counted. If they immigrate after your AOS is approved there's nothing to worry about. if they immigrate before it's approved then your mother will have to revise her I-864 to include them in the household count. When they immigrate then she needs to remember to count you in her household size... Right now though it's just you and her.

Thanks everyone and now its clear.