Questions on assets for I-864

[Marrienne 113]

Hello (again),
Quick background: Married USC, we currently live in Greece together, we have 3 children, two from my previous marriage, one joint.
We have already filed via DCF for the I-130 and I am now filling out the I-864.
My husband is currently unemployed (reason for leaving this country and returning to the USA), but can show proof of sufficient funds in his account to meet the 125% above poverty limit for all 5 of us.
His father can be a joint sponsor if need be.

Is there anything I can read about the Affidavit of Support, that is written plainly?
I prepared the I-130s for 3 months and I still had a few minor issues that the field agent helped me correct because our Embassy's web page is NOT very explanatory.
We will need 3 affidavits of support since he is sponsoring me and his two step children, correct? (the baby is already an American Citizen and will not require a VISA)

If you direct me to a website or can share your experiences, I would be grateful!

[teeak 224]

Yes, 3 affidavits of support.

Here's a website: https://cliniclegal.org/resources/five-most-common-mistakes-completing-i-864 and another one http://www.ilw.com/articles/2006,1128-wheeler.shtm

There's a sample form on the VJ site: http://www.visajourney.com/examples/INS-Form-I-864.pdf

Remember if you are using only assets, it'll need to be 3 times the minimum required for a household of 5. http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Edited January 29, 2016 by teeak

[mallafri76 1,012]

The poverty guidelines for a household of five is $35,512. Since two of the children are his stepchildren, I believe you fall under the rule of needing five times the poverty guidelines in assets, so you need $177,560 in assets.

Here's a link to the instructions for the i-864:

https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

[teeak 224]

Hmm, how old are these children?

I believe its 3 years for a spouse of a USC because the immigrant will be eligible to apply for citizenship in 3 years. But, if the kids are underage then they'll be able to obtain citizenship as well.

[Marrienne 113]

Thanks everybody.
The step children are 10 years old

[mallafri76 1,012]

Hmm, how old are these children?

I believe its 3 years for a spouse of a USC because the immigrant will be eligible to apply for citizenship in 3 years. But, if the kids are underage then they'll be able to obtain citizenship as well.

It is three years for a spouse of a USC, I know this because my husband and I are using assets to meet the i-864 requirements. However, I read OP's statement to mean that she's the foreign spouse and her husband's the USC. Is that correct OP? If you are the foreign spouse then obviously your two children from a previous marriage will not be entitled to US citizenship through CRBA, only your joint child will have that. And that also means that the two kids from your previous marriage are not your husband's children, unless he has adopted them, and hence you need five times the poverty guidelines to meet the asset requirements for those children.

[Marrienne 113]

Guys what about this:

3. Calculate household size according to the regulations. The rules are very specific as to who must be included in the household size. You must count the sponsor, the sponsor’s spouse (regardless of where the spouse is residing), the sponsor’s unmarried children under 21 (regardless of where they are residing), anyone counted as a dependent on the last tax return, the intending immigrant, and any derivatives who areaccompanying the principal beneficiary. The term “accompanying” means they are immigrating at the same time or within six months of the principal beneficiary. So you can use this definition of the term to stagger the immigration of the spouse or derivative children if it is necessary to lower the household size. For example, if I am immigrating my brother, I do not have to include his wife and three children if they are going to immigrate more than six months after my brother. In fact, if my brother resides with me after immigrating, I can use his income when submitting an affidavit of support for his wife and children. The other thing to keep in mind is that you do not have to count as part of the household size anyone for whom you filed a separate I-130 petition. While you have to count them if they have already immigrated based on an I-864 you filed, you do not have to count them if they are immigrating together with the person you filed a separate petition. For example, if I am a U.S. citizen over 21 and I petitioned for both my parents, I only have to count the intending immigrant on whose behalf I am filing the I-864. So when completing the I-864 for my mother, my household size is two (assuming I am single and have no children). And when completing the I-864 for my father, who is immigrating with my mother, my household size is still two. This tends to confuse a lot of practitioners. Finally, do not include certain relatives (adult or married children, parents, siblings) who are residing with the sponsor unless they have income that is needed to satisfy the 125 percent of poverty requirement.

We have files THREE I-130s.
I am the principal beneficiary as the Non-US wife and the derivative immigrants are two ten year old children.
We have ONE joint child (so the sponsor has ONE child) so, the household size is 3 according to the above, not five.

[teeak 224]

It is three years for a spouse of a USC, I know this because my husband and I are using assets to meet the i-864 requirements. However, I read OP's statement to mean that she's the foreign spouse and her husband's the USC. Is that correct OP? If you are the foreign spouse then obviously your two children from a previous marriage will not be entitled to US citizenship through CRBA, only your joint child will have that. And that also means that the two kids from your previous marriage are not your husband's children, unless he has adopted them, and hence you need five times the poverty guidelines to meet the asset requirements for those children.

Ahh, I see. Yes, if the children were formally adopted by your USC husband then you wouldn't need to file an I-864.

You would be able to file an I-864W (request for exemption of affidavit of support) for them meaning they would become USC upon admission to the US. I believe other requirements need to be met as well.

[Marrienne 113]

Thanks Mallafri,

Yes our joint daughter does have a CRBA and she is a US citizen already. I was told by our immigration attorney that the boys (his step children) will need to also wait 3 years to be considered for citizenship.
I have shot an e-mail to him asking about all that (the poverty guidelines).
Yes I am the foreign wife

His father (and family in general) have sufficient assets, both in money, stocks, bonds and real estate. We also have a good chunk of change in a US bank account ourselves. I hope this will be enough for joint sponsorship then?

[teeak 224]

Guys what about this:

3. Calculate household size according to the regulations. The rules are very specific as to who must be included in the household size. You must count the sponsor, the sponsor’s spouse (regardless of where the spouse is residing), the sponsor’s unmarried children under 21 (regardless of where they are residing), anyone counted as a dependent on the last tax return, the intending immigrant, and any derivatives who areaccompanying the principal beneficiary. The term “accompanying” means they are immigrating at the same time or within six months of the principal beneficiary. So you can use this definition of the term to stagger the immigration of the spouse or derivative children if it is necessary to lower the household size. For example, if I am immigrating my brother, I do not have to include his wife and three children if they are going to immigrate more than six months after my brother. In fact, if my brother resides with me after immigrating, I can use his income when submitting an affidavit of support for his wife and children. The other thing to keep in mind is that you do not have to count as part of the household size anyone for whom you filed a separate I-130 petition. While you have to count them if they have already immigrated based on an I-864 you filed, you do not have to count them if they are immigrating together with the person you filed a separate petition. For example, if I am a U.S. citizen over 21 and I petitioned for both my parents, I only have to count the intending immigrant on whose behalf I am filing the I-864. So when completing the I-864 for my mother, my household size is two (assuming I am single and have no children). And when completing the I-864 for my father, who is immigrating with my mother, my household size is still two. This tends to confuse a lot of practitioners. Finally, do not include certain relatives (adult or married children, parents, siblings) who are residing with the sponsor unless they have income that is needed to satisfy the 125 percent of poverty requirement.

We have files THREE I-130s.

I am the principal beneficiary as the Non-US wife and the derivative immigrants are two ten year old children.

We have ONE joint child (so the sponsor has ONE child) so, the household size is 3 according to the above, not five.

I think this is iffy since it says "you must count the sponsor, the sponsor's spouse, the sponsor's unmarried children under 21 ...".

The other examples here (brother and parents) are for family members that do not need to be counted in the household.

You are the spouse so you must be included in the household. Now the gray area is if "the sponsor's unmarried children" refers to only biological children or if it include step children as well.

[Marrienne 113]

Thanks guys. If this is the case then it is still 3, Him, Me and our biological child

I have shot an e-mail to our attorney to ask him for clarification

[teeak 224]

Thanks guys. If this is the case then it is still 3, Him, Me and our biological child

I have shot an e-mail to our attorney to ask him for clarification

Right, for your I-864, it would be a household size of 3.

For each of your children, it would be a household size of 4.

[mallafri76 1,012]

Hmmm, that's interesting. Logically, since you're all gonna be living together in the same house as a family once you move over, it's a household of five. But then again nothing about the US immigration process is very logical. I hope you hear from your lawyer soon. Please come back here and post his answer. Would be interesting to know how they count with stepchildren.

[Marrienne 113]

Thanks guys!
I will as soon as I hear back!

I have another question about the sponsor: My father in law has agreed to be a co-sponsor, IF my husband is denied. If he is denied, do they give us a chance to re-do the i-864 with the new sponsor or do I have to re-do EVERYTHING from the beginning??

[mallafri76 1,012]

If your husband's i-864 don't meet the requirements you'll get a checklist stating this. Usually the checklist will tell you to just bring a joint sponsor's I-864 to the interview.