AoS I-864: I have a question about joint sponsor's and household size

[Lookingglass 1]

Hi,

So I my wife and I have gotten passed the approval period for the I-130, was a long 6 months, but that step is behind us. But now at the final parts, I have a question about joint sponsor's. I don't currently make enough income with my household size to have the sufficient 125% over the poverty line... but my brother said he would joint sponser with me. He has an household of 5, including himself, and makes over the amount necessary for 5, and that is not including assets, he owns a couple of homes, cars, etc. And when I made this question I was not thinking about assets.... but regardless, he has a daughter from a previous relationship that does not live with him but stays with her mom as an dependent. He pays a monthly wage of child support.... I was wondering do you count his daughter as number in his household partially?? Technically, she wouldn't be a dependent and doesn't live with him -- but he still pays child support, which partially supports her, even though her mom is married and not struggling financially.

So is his household really 6? Or is the NVC only concerned with his income?

Thank you.

[dwheels76 5,484]

Hi,

So I my wife and I have gotten passed the approval period for the I-130, was a long 6 months, but that step is behind us. But now at the final parts, I have a question about joint sponsor's. I don't currently make enough income with my household size to have the sufficient 125% over the poverty line... but my brother said he would joint sponser with me. He has an household of 5, including himself, and makes over the amount necessary for 5, and that is not including assets, he owns a couple of homes, cars, etc. And when I made this question I was not thinking about assets.... but regardless, he has a daughter from a previous relationship that does not live with him but stays with her mom as an dependent. He pays a monthly wage of child support.... I was wondering do you count his daughter as number in his household partially?? Technically, she wouldn't be a dependent and doesn't live with him -- but he still pays child support, which partially supports her, even though her mom is married and not struggling financially.

So is his household really 6? Or is the NVC only concerned with his income?

Thank you.

Yes he has to count her. There's no partially. That's part of his household number. His household size is 7 you forgot to count the immigrant.

[Ian H. 207]

You should refer to the instructions of the I-864 carefully, as to who counts for household size. The above is correct, his household size is 7. He has to include his spouse and any minor children, even if they don't live with him or doesn't support them. As well as anyone else he included as a dependent on his tax return and persons he may have sponsored before. Therefore, he has to make enough for a household of 7, not 5 and remember that he can't combine his income with yours, unless you live in the same household.

[Lookingglass 1]

Yes he has to count her. There's no partially. That's part of his household number. His household size is 7 you forgot to count the immigrant.

sorry for the long wait on the reply, thanks for the information. I had a lapse in judgment, for some reason. I got it! Thanks for the help.

[Lookingglass 1]

You should refer to the instructions of the I-864 carefully, as to who counts for household size. The above is correct, his household size is 7. He has to include his spouse and any minor children, even if they don't live with him or doesn't support them. As well as anyone else he included as a dependent on his tax return and persons he may have sponsored before. Therefore, he has to make enough for a household of 7, not 5 and remember that he can't combine his income with yours, unless you live in the same household.

Thanks. I just had a little confusion with with the household size, everything else I got together, but thanks for the added information.

[Lookingglass 1]

Hi,

I have a question again. So I have another person who will joint sponsor with me, and everything is fine! They make well over the needed requirements and even have enough in assets alone. Only thing that could be an issue, namely, should they get their current tax return filed before doing the AoS or should they just go ahead since they have plenty of assets to qualify even without the income tax return confirmation?

That's where we are at now.

Thanks for any responses I receive,

Ra.

[NikLR 13,232]

They need to have filed the last 3 tax returns or have a valid reason why not.

[Ontarkie 14,872]

~~Similar threads merged. Please keep similar questions in the same threads as it helps keep everything straight~~

[Lookingglass 1]

A part of the directions are confusing me for some reason, I suppose it's how I am reading them. Okay, so the I-864, my Joint sponsor and I are to sign out our own separate form. Since I do not meet the requirements of 125% above poverty level, but my Joint sponsor obviously does, they must provide the necessary proofs of their income, that being the past 3 years of tax returns, etc.

After this point is where I get confused. After the I-864 is filled out by both myself and the joint sponsor, the Joint sponsor sends theirs to me and I compile the two together and send them to the NVC??!? Or can my joint sponsor send theirs in separately from my own? Or do we not send them in at all and send the forms directly to the beneficiary, my wife, so that she can compile all the forms together in order to take them to the consulate abroad when she has her interview?

I guess where I am finding confusion is if we send out our I-864 to the NVC, how will my wife be able to have the originals with her at her interview? Will NVC send the forms back to us? I've been trying to figure this out for the passed few hours.

Mind you, my case got approved, i.e. I received the 2nd Notice of Action (1-797) 8/19/14. I haven't called the NVC yet, to see if the case has arrived there, as I am giving it the time needed to process, but I am going to call early tomorrow, as I feel I have given it enough time. But the above, I am just asking so that I can completely understand these directions.

Thank you.

[Lookingglass 1]

~~Similar threads merged. Please keep similar questions in the same threads as it helps keep everything straight~~

O sorry, I just made another thread without having read this one. You can merge it with this one I suppose, as it all pertains to the I-864, although the newer question is different.

[vcarch14 5]

The joint sponsor should send the papers to whoever is sending the whole package to the NVC.

Example: I am the USC and I am sending all the papers from the US in behalf of my husband. My dad is my joint sponsor and my mom is a household member (we are using her income too form I-864a). So they signed the forms, and gave them to me, then I sent them to the NVC.

Make copies of all the forms. When the NVC gives you case complete, they will send your whole file to the embassy. So the embassy will have what you sent to the USCIS and what you sent to the NVC. That means that your spouse doesn't have to bring another I-864 to the interview.

You should always make copies though, in case the NVC sends you a checklist, and you need to verify what you sent them.

You should go to the NVC website and look up your country, it will tell you what she will need at the interview (usually pictures, chat logs, prove of money sent to her, and so on).

I hope this helps

[NikLR 13,232]

O sorry, I just made another thread without having read this one. You can merge it with this one I suppose, as it all pertains to the I-864, although the newer question is different.

Any questions you have pertaining to your AOS package or even IV package can be asked in the same thread as it all has to do with YOUR case. This way you have an easy way to look up the answers that you need vs trying to find all your old threads. (plus it helps keep VJ neat and tidy.)

[NikLR 13,232]

A part of the directions are confusing me for some reason, I suppose it's how I am reading them. Okay, so the I-864, my Joint sponsor and I are to sign out our own separate form. Since I do not meet the requirements of 125% above poverty level, but my Joint sponsor obviously does, they must provide the necessary proofs of their income, that being the past 3 years of tax returns, etc.

After this point is where I get confused. After the I-864 is filled out by both myself and the joint sponsor, the Joint sponsor sends theirs to me and I compile the two together and send them to the NVC??!? Or can my joint sponsor send theirs in separately from my own? Or do we not send them in at all and send the forms directly to the beneficiary, my wife, so that she can compile all the forms together in order to take them to the consulate abroad when she has her interview?

I guess where I am finding confusion is if we send out our I-864 to the NVC, how will my wife be able to have the originals with her at her interview? Will NVC send the forms back to us? I've been trying to figure this out for the passed few hours.

Mind you, my case got approved, i.e. I received the 2nd Notice of Action (1-797) 8/19/14. I haven't called the NVC yet, to see if the case has arrived there, as I am giving it the time needed to process, but I am going to call early tomorrow, as I feel I have given it enough time. But the above, I am just asking so that I can completely understand these directions.

Thank you.

Proof of current income is not the same as past 3 year tax returns. Proof of current income can be pay stubs and/or a letter from the employer stating who the person is, how long they've worked there, what wage they make, what their job title is etc...

Everything AOS related should be sent to the petitioner, who then sends the entire package to the NVC. (The exception of this is if you're doing EP, then it's relatively easy for the beneficiary to do the packages.. like me... LOL)

Likely you will not get a case number for at about 30 days so I agree, Monday should be the start of your calling the NVC.

(ps you mean "past few hours" not passed. )

[TBoneTX 47,010]

*** Yet another related question merged into the original thread. OP, please stick to one thread for similar questions, as you were directed earlier. You don't want to be in violation of the VJ Terms of Service provision about spamming the forums. ***

TBoneTX

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[Lookingglass 1]

*** Yet another related question merged into the original thread. OP, please stick to one thread for similar questions, as you were directed earlier. You don't want to be in violation of the VJ Terms of Service provision about spamming the forums. ***

TBoneTX

VJ Moderation

Right. Wont happen again.