question regarding I-864

[sulph 3]

Hello,

my visa application is still in the early stages... by early.. i mean pre noa1.. but i have a question

my wife is unable to sponsor me on the I-864 due to the fact she has not worked for the last 6 years, due to having bipolar disorder and applications for social security benefits being processed, her and my step children are claimed as dependents on her parents tax returns. so we are using her brother as a co sponsor ( her parents wouldn't make enough for the required household size)

my question is, her brother makes enough to sponsor me ( he makes over the required for 3 people...barely ) , but on I-864 question 21D it asks for the number of dependent children, he is divorced, and his ex wife is the primary custodial parent over their son , in his divorce decree it states that she is the only one allowed to claim their son on her tax returns, meaning he is not allowed to. there fore his tax returns dosent state his son as a dependent.

how would this work? dose he still put his son down? because it says about even if the dependent child dose not live with him to still put him down,

or because he dosen't claim his son on his tax returns per the divorce decree dose he not have too?

he dose however pay child support ( or has recently started too )but we arent sure on the legality's of what constitutes as a "dependent" in this case.

any help would be appreciated

[Penguin_ie 5,986]

He needs to count the son, minor kids always must be listed.

[sulph 3]

even if not claimed on tax return?,, i must have miss read something somewhere.

[Penguin_ie 5,986]

Al minors must be counted, because even though he is not on the father's tax return, the father is still financially responsible for him, and could become totally responsible for him if there is a change in custody agreement or the mom dies.

[sulph 3]

thank you for the clarification

I have another question. as we are are using a co sponsor because my wifes income is 0. the thing about using assets to prove 3X the difference between household income and poverty limit dose that work for the co sponsor.. or would he use my wifes and my assets to prove 5X the difference?

for instance, the poverty guideline for 3 people is $23,162 , lets say he earns $22,162 would assets of $3000 or $5000 be required? can our assets be used in conjunction with a co sponsor in this way?

Im sorry for the silly questions, my wife is pregnant, and im hoping to have the visa by the time the baby is due, ( approx 7.5 months ) so im trying to make sure that there is no chance for denial or a RFE, this is the only co sponsor we can get, hes been employed for 8 months as of this date ( he gave me a check stub dated mid december that was $239 short of the requiered $23,162 we can get more check stubs, employment letters closer to when we need them and his tax return should have the required income on it by the time its filed, im just trying to organize my thoughts.

[Penguin_ie 5,986]

The co-sponsor would need x5 assets, only a spouse can use x3. Be aware that they usually like a co-sponsor to be comfortably above the poverty line, not just scraping by, so you may want to keep looking for a co-sponsor who is better off, or hope the co-sponsor will get a raise before the I-864 is required.

You cannot combine assets or income with a co-sponsor, but if the co-sponsor files taxes jointly with his wife, then the wife's assets and income could be added.

Has your wife petitioned you yet, ie sent off the I-130 etc? 7.5 months is cutting it close, but can be done. Depends on the country too, some US embassies are slow in giving out interview slots...

[sulph 3]

thank you for the reply

yes, my wife sent of the paperwork january 3rd

his income is ment to be 34-35k a year,, which is comfertably over the req, but hes only had a job for 8 months, 2 months of which was training pay, and his tax return will reflect this, im sure he can get a letter from his employer stating the estimated income for the current financial year, that hes full time employed ect , plus check stubs and such, Im hoping this will be sufficient, as we have no other options beside her and the kids moving over here to the UK, which would entail taking the kids away from their school friends and family

Edited January 8, 2012 by sulph

[Penguin_ie 5,986]

Ah yes that will be fine, as he sounds like he will be very comfortably over the poverty line for 3 people (him, son and you).