Household size for the Affidavit of Support

[Thomianguy 36]

When the USCIS looks at tax returns to check for CURRENT household size against the minimum line for being %125 over the poverty guideline, are they INCLUDING the incoming spouse in the household total or not?

[newacct 688]

The past tax returns have nothing to do with meeting the 125% poverty line level.

It's the current household income that has to meet the 125% poverty line level. The current household income consists of your current individual income, and the incomes of household members if you choose to include their incomes for the purposes of calculating the household income. If you choose to include household members' incomes, then (unless they are the sponsored immigrant) need to fill out an I-864A. Just because someone is in your household size does not mean you have to include their incomes; you would only do it if your income was not enough.

Edited August 28, 2015 by newacct

[Ryan H 3,795]

For spouse visa cases, USCIS will not be reviewing the I-864 at all. The NVC will only check to ensure the minimum requirements are met. It's the CO at the Embassy who will make the ultimate determination on whether to accept or reject the I-864.