I 864 & I 864a

[priere_d 2]

My husband doesn't have income and according to the US is website (I 864a) he can use his household members income to compensate with the affidavit of support. So from that can you please clarify if he can add up his income and his mother's and brothers income to file for the affidavit of support? And by adding that they like some few hundred dollars for the required poverty guideline, can they use the money in the bank and other assets? Thank you

[pushbrk 13,664]

My husband doesn't have income and according to the US is website (I 864a) he can use his household members income to compensate with the affidavit of support. So from that can you please clarify if he can add up his income and his mother's and brothers income to file for the affidavit of support? And by adding that they like some few hundred dollars for the required poverty guideline, can they use the money in the bank and other assets? Thank you

Doesn't have income, or doesn't have enough income? It makes a difference.

Your husband will complete an I-864 of his own. Only if he lives in the same household as his mother and his brother, can they combine income and assets to meet the minimum income requirements. When doing so, the household size determining the income needed, will include your husband, his mother, his brother and any other dependents his mother may have living there, that show on her tax return, plus you and your children immigrating with you, if any.

Yes, liquid assets can be used to make up the income shortfall. In this situation, it takes $5 in the bank account for every $1 of income shortfall. So, if they are $500 a year short of income for the entire household size, it would THEORETICALLY take $2,500 in the bank to make up the difference. However, it's still a judgment call, and only a few thousand in the bank for that kind of household is unlikely to be positively considered, as there's no reason to believe that money would still be there sometime down the road. Unless they can show tens of thousands in liquid assets, I would look for a different sponsorship scenario.

If your husband actually doesn't have income the answer is somewhat different. Please clarify.

Edited May 20, 2014 by pushbrk

[priere_d 2]

It is ssi he receives sir. What does is the difference between don't have income and doesn't have income? Thank you

[pushbrk 13,664]

The difference I referred to is, "Doesn't have income, or doesn't have enough income?"

SSI is not considered "income" or cannot be counted as income for immigration purposes. So, "doesn't have income" is correct. With more information however, it looks like a real uphill battle as your spouse is already a public charge. With the petitioner being a public charge, using family who needs to combine THEIR income to not even meet the minimum requirement, it will be quite difficult for a Consular Officer to conclude that YOU will not become a public charge. That is most of what the affidavit of support is about. Beyond that, it's about finding somebody to repay the government if you DO become a public charge. Family members who only almost have the minimum income to qualify, are not good choices for a successful visa process.

Whatever you do, your husband completes his own I-864 and since he has no income to combine with any household member, when you find a qualified sponsor, the head of THAT household will do their own I-864. I'm not going to address all those possibilities but if Mother and Brother have significant liquid assets, have Mother do an I-864 and brother the I-864a to go along with your husband's I-864. Otherwise, find a qualified joint sponsor.