Filed I864A before and now filing I864EZ AoS

[zalim_computer 0]

A few years back, I helped my father while he, along with his friend, sponsored his friend's family and filled out affidavit of support, I864 forms. Here is how it went: my father and his friend, both filed I864 whereas I filed I864A. That is, my income was used as they were sponsoring the family. I will now soon be ready to file I864EZ as I am the only sponsor for my wife for her CR1 visa. My question is, in part 4, sponsor's household size, question 16-d, do I have to include father's friend's family members? My father's friend says no I do not, as he had consulted someone for some legal advice before but I am skeptic as I found http://www.avvo.com/legal-answers/in-form-i864--part-5-number-6-is-form-i-864a-previ-1801636.html which states I have to.

Furthermore, if I do have to include the family, they were total of 14 people and besides me, there were three other people. Is there anyway I can explain to NVC that there were three other co-sponsors for the family so that my case is not too weak. With 14 people, I just barely meet the minimum requirement for income. And the family of 14 is not at all a public burden. I am just wondering if I need to explain it to NVC.

TIA for any help.

Edited October 13, 2014 by zalim_computer

[Ian H. 207]

Wow 14 people! You have to find out which ones you are responsible for because unless they are USC's, dead, or no longer LPR's then you HAVE to include them as part of your household.

In any case it's possible that you may not be responsible for everyone.

If you don't have a copy of the affidavit you filled out, you may have to request one from USCIS and I'm not sure how one goes about doing that, possibly FOIA request.

You only have to include yourself, any dependents or children you have, your spouse and the immigrants whom you co sponsored that are still LPR's. Now, did your dad include all of these people in one affidavit and used your income? If so, then you have to include all of them as part of your household.

You do not include your dad, or your dad's friend, only the ones who immigrated. Therefore, if that's the case you want to make sure if these people are all LPR's or if they have become USC's since then.

Edited October 13, 2014 by Ian H.

[zalim_computer 0]

It was a family based visa that the friend filed for his brothers and sisters about 14 years ago and they finally came about 2.5 years ago. So the family grew from six to 14 over time. I am not sure how many people I included in my I864A but I am sure they must have saved a copy somewhere. But it looks I am SOL and will need to find cosponsors which is going to be extremely difficult for me as I am not on those kinds of terms with anyone now.

[Boiler 43,435]

Well it is very unlikely that any of them will no longer be your responsibility.

You do need to find out your obligation, that may take some time to get a copy.

[zalim_computer 0]

Assuming I cannot find the old I864A form and just to be safe, I include all 14 people, and that I barely meet the minimum income requirement as described in I864P after including all the people I am going to sponsor this time, would NVC raise any financial objection in my case? I am asking this based on any one else's experience as I know there is no definite answer to this question. I understand the technical answer is no, they should not raise any objections. I am worried now. I was not expecting myself to get married overseas when I was helping out the family friend and now I am stuck.

[Ian H. 207]

Do you still live with your dad? If so you can combine your income with him if it will put you over the amount. If he doesn't live with you can he be your joint sponsor?

[zalim_computer 0]

Do you still live with your dad? If so you can combine your income with him if it will put you over the amount. If he doesn't live with you can he be your joint sponsor?

This is what I am trying to avoid: finding cosponsors. I am already at the exact amount calculated based on I864P (2014 hhs poverty guidelines). Even if he agreed to cosponsor, he would still be including the number of people he included in his previous I864. So again, assuming we all sponsored all 14 members before, both my father and I would be putting more 14+ people as dependents. But of course, that would put total income significantly over the 125% of the poverty guidelines for all the members combined.

[Ian H. 207]

I think you may be a little confused regarding the requirements. First what do you consider slightly? $10? It would help if you gave specific amounts. As long as you meet the requirements for the household size, it doesn't really matter by how much. For example, my cousin's joint sponsor only met the requirement by like $500 over and had no issues.

As for the household size, it depends. You didn't mention if you live with your father or not. If he doesn't live with you, he only has to include your spouse and anyone else that is part of his household size, not you.

The only reason I ask that you be more specific is so that we can find a way around your situation and tell you exactly what you should do. It would be unnecessary to go through the burden of finding a joint sponsor and preparing their paperwork when you may not have to.

You are worried about the number of people in relation to your income, but this isn't a problem as long as you make over the 125% poverty level.

[zalim_computer 0]

I think you may be a little confused regarding the requirements. First what do you consider slightly? $10? It would help if you gave specific amounts. As long as you meet the requirements for the household size, it doesn't really matter by how much. For example, my cousin's joint sponsor only met the requirement by like $500 over and had no issues.

As for the household size, it depends. You didn't mention if you live with your father or not. If he doesn't live with you, he only has to include your spouse and anyone else that is part of his household size, not you.

The only reason I ask that you be more specific is so that we can find a way around your situation and tell you exactly what you should do. It would be unnecessary to go through the burden of finding a joint sponsor and preparing their paperwork when you may not have to.

You are worried about the number of people in relation to your income, but this isn't a problem as long as you make over the 125% poverty level.

I do still live with my father but as I mentioned, not at a term where I could comfortably ask him to cosponsor. We both own the house and a joint mortgage.

As for household size/dependents, it would be my father and my mother (they file jointly), and me in the house. Plus the 14 members that sponsored on my father's i864 and my i864A.

And as dollar amount over the 125% poverty level, I am about $2,000 over it if I were to all of my assets. Based on my calculations that's about 2.3% over. I am including and calculating assets based on LingChe NVC Shortcut wiki.

Basically you are telling me that as long as I am over 125%, I am safe and that sounds relieving and I can stop worrying my head at 1:33 in the AM, go to sleep so I can wake up on time for office in the AM and file I864 including my assets peacefully tomorrow evening.

Thank you both for your help.

[Ian H. 207]

$2000 over the poverty level is more than enough. Like I said my cousin's joint sponsor only made about $500 over the poverty level. That's why they have these fixed numbers as long as you are over it, even by one dollar you should be fine.

Also since you are a USC petitioning a spouse your assets only have to be calculated at 3x the difference, instead of 5x.

It's funny because the I-864 instructions say that you only have to include immigrants that you sponsored using an I-864 or I-864EZ, it says nothing about I-864A, but that's probably just a mistake on the form.

As for your dad, here is the good thing about the I-864A. It doesn't ask for household size. Therefore, your dad does not have to include your mom or the 14 people as part of his household in order to combine his income with you, only you do.

What this means is that if you combine your income with your dad's you will be well over the limit, he just has to prove his share of the income if he files jointly with your mom, otherwise she would also need an I-864A.

So, if you combine your income with dad, you only have to include yourself, your wife, your dad, and the 14 people on your I-864 (and your mom if she has income you want to use). Then your dad fill out an I-864A, and your mom if using her too.

[Ian H. 207]

So your household size should be 16 people. You and your spouse, plus the 14 people. That means you need to make $90712. If you make $90713, you are good to go. If you don't and decide to combine your income with dad, then you only need to make $95787 between the two of you. So if the two of you make $95788, you are also good to go.

[zalim_computer 0]

So your household size should be 16 people. You and your spouse, plus the 14 people. That means you need to make $90712. If you make $90713, you are good to go. If you don't and decide to combine your income with dad, then you only need to make $95787 between the two of you. So if the two of you make $95788, you are also good to go.

I had my math completely wrong. I will need to get my father either on i864A or as a cosponsor. Thanks.

[Boiler 43,435]

Sounds like there were multiple sibling with spouse and children.

If OP signed one then he would not have signed up for 14.

Impression I get is that they split them amongst several people.

[zalim_computer 0]

Sounds like there were multiple sibling with spouse and children.

If OP signed one then he would not have signed up for 14.

Impression I get is that they split them amongst several people.

I should have been smarter about it even though I had never dealt with immigration issues before. The family friend should have known better actually since he had been dealing with this kind of stuff and should have split the members between multiple sponsors. I am hoping that is the way he submitted document as I have no recollection of what I signed as it has been 3+ years. I will have my answer by tomorrow night.

In any case, for those who are reading this for your own general knowledge, let it be a lesson: if you are sponsoring a large family and need multiple cosponsors, split the migrating family members between the cosponsors instead of adding them all and creating one giant list of dependents.

[Boiler 43,435]

I should have been smarter about it even though I had never dealt with immigration issues before. The family friend should have known better actually since he had been dealing with this kind of stuff and should have split the members between multiple sponsors. I am hoping that is the way he submitted document as I have no recollection of what I signed as it has been 3+ years. I will have my answer by tomorrow night.

In any case, for those who are reading this for your own general knowledge, let it be a lesson: if you are sponsoring a large family and need multiple cosponsors, split the migrating family members between the cosponsors instead of adding them all and creating one giant list of dependents.

That was my point, you can not have 6 siblings on one sponsorship.

Might be not so bad.