Questions about I-864 and Sponsor.

[TheWebbys 1]

Hello VJ, this is our first post here for a while. We very are close to filing our AOS paperwork but have run into a problem with our sponsor and have a few questions

Short backstory.

I came to the US on a K-1 to marry my wife Angela and we did so within 90 days. We are renting a house and and have 3 children from Angela's previous relationships.

We have taken longer than usual to file our AOS and our original sponsors have had some changes to their circumstances since we filed for the NOA.

Angela's Mom and Dad were our original sponsors, at the time of filing the NOA both had long term stable jobs lived by themselves and earned over 60K between them, so support was not a problem.

Since then Angela's Dad had some medical and personal issues and lost his job, he has been in and out of work for a couple of years and is currently unemployed. Angela's Mom is still working at the same job and made 41k over the last year which is still above the poverty guidlines for 3 people. (Mom, dad and myself)

The problem is Angela's sister went through a divorce and her and her 3 kids had have moved into the house and up until this year the sister was not working so they have been filed as dependants on the last 2 tax returns.

--------

Recently the sister has found a job and is now supporting herself and the kids and will be filing a seperate tax return next year, but the sister and the 3 kids appear on the most recent tax return as dependants.

We do not know how we should fill out the I-864 in regards to occupancy and dependants.

Do we fill it out the information for Mom, Dad and myself or do we need to tell them about the others in the house even though they are no longer dependants?

If we fill it out without detailing the sister and kids will they wonder why they are listed (as dependants) on the most recent Tax return that has to be filed with the paperwork? What sort of problem would this cause?

Also, if the sister and kids are included in the affidavit then we will be under the poverty guidelines and will need to find another sponsor which is hard.

Please help if you can.

Angela & Chris.

[Nich-Nick 3,353]

Whatever mom puts on her I-864 has to be supported with documentation . The latest tax return documents 4 dependents. I suppose you could attach affidavits behind the I -864 saying something like-- as of February 1, 2015 my daughter Mary Ann Smith and her three children no longer live in my home, nor are they supported by me. Furthermore, they are no longer my dependents for income tax purposes. My household includes only myself and my spouse James Brown and we have no qualified dependents for income tax purposes. Then include an official looking sign off pinched from the I-864--

"I certify under penalty of perjury under the laws of the United States that this information is correct".

[signature]

Momma Brown

Date

Sister could do one similar and state where she is employed and her separate address. Worth a try to see what happens.

Edited March 26, 2015 by Nich-Nick

[TheWebbys 1]

Whatever mom puts on her I-864 has to be supported with documentation . The latest tax return documents 4 dependents. I suppose you could attach affidavits behind the I -864 saying something like-- as of February 1, 2015 my daughter Mary Ann Smith and her three children no longer live in my home, nor are they supported by me. Furthermore, they are no longer my dependents for income tax purposes. My household includes only myself and my spouse James Brown and we have no qualified dependents for income tax purposes. Then include an official looking sign off pinched from the I-864--

"I certify under penalty of perjury under the laws of the United States that this information is correct".

[signature]

Momma Brown

Date

Sister could do one similar and state where she is employed and her separate address. Worth a try to see what happens.

Thanks for the reply.

Well sister and kids are still living at Mom's house so that makes it even more complicated.

Would statements really be enough?

If the I-864 is refused what happens then? Do we get to try finding a different sponsor or is it another $1070?

Edited March 26, 2015 by TheWebbys

[Nich-Nick 3,353]

Thanks for the reply.

Well sister and kids are still living at Mom's house so that makes it even more complicated.

Would statements really be enough?

If the I-864 is refused what happens then? Do we get to try finding a different sponsor or is it another $1070?

Well leave the residence part out. Focus on she is employed and no longer supported and no longer a dependent.

Will it work? No clue. I was just trying to be creative with an idea for a non-standard case. If it doesn't work, you get an RFE saying your joint sponsor does not qualify so find another. You don't pay again to do that.

[TheWebbys 1]

Thank you, its something to think about.

One further question. - Does Angela need to fill out an I-864 even if she doesnt make enough to cover us?

[Nich-Nick 3,353]

Thank you, its something to think about.

One further question. - Does Angela need to fill out an I-864 even if she doesnt make enough to cover us?

Yes. Read the 13 or so pages of instructions for the I-864. It tells you precisely that. The instructions are important so you don't miss any details. Nobody on a forum is going to cover 13 pages of details in a forum post.

Form and instructions http://www.uscis.gov/i-864

[TheWebbys 1]

Ok thank you she is bouncing around telling me "I told you so!"

I had read the instructions more than once but there is so much it's easy to miss something, hence the popularity of these wonderful forums!

[Nich-Nick 3,353]

Ok thank you she is bouncing around telling me "I told you so!"

I had read the instructions more than once but there is so much it's easy to miss something, hence the popularity of these wonderful forums!

I seriously had to read those instructions three times before they even appreared to be something other than Greek. My method with Immigration or the IRS is to print the entire thing then go through it several times picking out what might apply to me and marking with a highlighter. If it is not applicable...like about refugees or adding in a family members income, I put a line through the paragraph. Then I read again skipping the non applicable parts That's the only way I can get these concepts down.

Hey that gave me another idea. Since sister lives in the house with Mom, try running the numbers with sister's income if she is willing to help.

Mom does I-864. She counts sis and kids in her household count. She adds sis's income as Person 1 in Part 6.

So for example--

$41,000 Mom

$19,000 Sis

$60,000 total Household Income

Sis provides the same documentation proving income, USC status, etc.

Sis fills out I-864A saying she is on board letting Mom include her income.

For seven people, you only need around $46k

Read the details of that in the instructions.

That's a way family member living under the same roof can pool their income in support of an immigrant. I believe the instructions say they have to document having the same address. Maybe driver licenses showing same address??

Edited March 26, 2015 by Nich-Nick