I-864 Household size/tax return questions

[HGord 22]

So I'm just filling out my AOS forms and the i-864 is confusing me a little despite having the instructions.

My fiancé and I are living with his dad temporarily so we could find an apartment to move into together in the new year. We have found one and will be moving in early January. However, for now, we live with his father who is NOT financially dependent on my fiancé in any way and we don't require his income to meet the income requirements... Do I include him in the household size at all? The USCIS instructions state that household size should include people for whom the sponsor is financially responsible. Item 7 allows for us to include him in the household but only if we need his income requirements, which, in theory we don't.

Having said that my fiancé, whilst meeting the income requirements, is in his first year of employment (having been a student for the last 4 years) and therefore hasn't filed any tax returns. Will this be an issue? We have pay stubs and a letter from his employer, would we just need to write an accompanying letter stating that he hasn't filed tax returns because he was a student prior to this year and therefore had no income? Alternatively my fiancé's father could file as a joint-sponsor along with his tax returns. In which case would I include him in item 7 and include his income?

This whole thing is giving me such a headache already!

[Nich-Nick 3,354]

You have a good understanding of it and know what to do in lieu of having a "required" tax return. His household for support purposes count, is him and you...his financial household. You don't have to count Dad who supports himself. If spouse qualifies on his current income and can submit proof, then Dad has no need to be part of this.

Edit: fixed where I called the sponsor her.

Edited December 10, 2015 by Nich-Nick

[HGord 22]

Thank you very much Nich-Nick, always such a great help!