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Affidavit of Support (864) Questions

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Hello all, This is my first question- it has been helpful to see the answers to several other questions here.

I'm a US citizen and my mother has been a permanent resident for some years. She has petitioned to sponsor my brother (her son) who is unmarried and above 21. She received a notice for civil documents as well as the affidavit of support. She has been living in my house (where my brother will also live), but she is not a dependent (I have not claimed her as a dependent in my tax filings). Her income or assets do not meet the criteria for sponsoring my brother by herself, and I have agreed to be a joint sponsor. My questions are:

1. Can I be included as a person included in the household (on the same form). The instructions say that any non-dependent close relative living in the petitioner;s house would qualify. Does this mean my mother would need to own the house in order for me to be counted as a household member?

2. If I cannot be considered a household member, do I need to submit a separate affidavit as a joint sponsor, along with my mother's affidavit?

If you have information on this please let me know. Appreciate your help.

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If you both are living in the same household, you can be considered a household member for the I-864. Your mother will fill out form I-864 and you will fill out form I-864A. There is no such requirement that you own your home to qualify for this. Your combine income has to be 125% or more of the poverty level for your household size and state. So from what I gather your household is you, your mother, and your brother, that's 3. If you are married, have children under 21, same thing goes for your mom, they have to be included as part of your household size. Here is a link with the poverty level:


This does not constitute legal advice.

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