Wait wait, is this right? - Household Size

[cwespalmore 2]

I currently have 3 cases in the NYC stage. The cases are for my wife and my two stepchildren. I assumed my household size would be 4. So I would need to make 30,312. I make 18,525.

I called NVC today for help about household size for my joint sponsor.

HOWEVER, the lady at NVC told me that MY household size is 2. She said for my i864 for my wife I put 1 for me and 1 for myself. So it's 2. She said for each child I do 1 for me 1 for my child.

Is that right? Even though my household size will actually be 4, I need to put 2? Because that changes things drastically. I would only make a few hundred less than the poverty guidelines than thousands. I could just use my 11k in assets.

[newacct 688]

It's partially right. But on your I-864 for each child, you would have to count at least yourself, your spouse, and the immigrant, so it would be at least 3.

The other question is whether your stepchildren count as your "dependent children" or not; if they count, then both stepchildren would be counted on your I-864 for your wife, and the other stepchild would be counted on the I-864 for each child, for a household size of 4 on all three. If they do not county, then it would be a household size of 2 on the I-864 for your wife and 3 on the I-864 for each stepchild. Somebody on VisaJourney has said that immigrating stepchildren do not count as dependent children yet, but I am not sure whether that is correct.

[cwespalmore 2]

That was my confusion. She specifically said on each kid's 864 to put 2. I asked why wouldn't I include my wife, the instructions make no exceptions unless it's her affidavit. The lady said I do not include her on my kids 864 household size because I am currently petitioning her to come to the US.

I feel like the question is self-explanatory and I should put 3. But she told me twice to put 2.nl however the difference between 2 and 3 for me means I would have to get a joint sponsor like originally planned. I guess I should call and ask another person at NVC to make sure. Thanks.

[newacct 688]

I think they were trying too hard to correct for one problem that people always have (people think that immigrants who are immigrating at the same time should all be counted in the household size), that they forgot about the spouse.

In any case, even if your income meets the nominal household size on the form, doesn't mean they will think it's sufficient. They will see that all these people are immigrating at the same time and will take that into consideration.

Edited November 5, 2015 by newacct

[Anh map 2,098]

The children are listed in part 3 (if they are planning to come at the same time or within 6 months). The count from Part 3 is included in Part 5, item #1. Your spouse is counted here, so you do not include her on Part 5, item #3.

Given what you say, then your first thought that the count is 4 would be correct. The Adjudicator's Field Manual doesn't give great detail on this. It simply says: Person(s) the sponsor is sponsoring on the Affidavit of Support (will always be one if the sponsor is using Form I-864EZ instead of Form I-864);

This article on the National Immigration Law Center website also seems to support the count of 4 >>> http://www.nilc.org/aosupp021.html It is from 2006, but that appears to be the last time this part of the law was revised. Look under "Household Size: New Rule"

I would prepare for a count of 4 so that you don't experience a delay from an RFE for a joint sponsor.

[NikLR 13,232]

In the end the poverty guidelines will need you to make enough for 4. 1 person has a hard time living on under 20k a year, let alone 4.

But the count numbers would be 2 on your wife's and 3 on each child's.

[NikLR 13,232]

The children are not listed on other I-864 beyond their own because each person has their I-864 and that section is meant for derivatives which your visa types doesn't allow.

[newacct 688]

The children are listed in part 3 (if they are planning to come at the same time or within 6 months).

No. They are NOT listed in Part 3; that is only for derivative beneficiaries (and there can be no derivative beneficiaries in the Immediate Relative category). The form specifically says not to include people on a separate petition.

Edited November 5, 2015 by newacct

[MeryAsawa 3]

No. They are NOT listed in Part 3; that is only for derivative beneficiaries (and there can be no derivative beneficiaries in the Immediate Relative category). The form specifically says not to include people on a separate petition.

newacct is correct. I filed three I-130's for my wife and two stepchildren. I had to redo the I-864's because I listed my daughters on their mother's part 3 etc. I they are actually a derivative then they would be listed.