Affidavit of Support

[alikhan4 0]

I am a student and in 2015 I just earned about $4,000 from working part time. I want to use my parents and sister's income for the affidavit of support.

My parents' 2015 Tax Return shows income about $21,000. They filed jointly and claimed me as a dependent. My sister's 2015 tax return shows about $14,7000. My sister files single and has no dependents.

My sister and I live with our parents. Would the $21,000 and $14,700 be combined when the NVC reviews my file? Or are they going to be looked at as separately? Would NVC consider family size of 3 for my parents (me and parents) and my sister's family size as 1? OR would it just be considered 4 since we all live together. I really have no one else who could co-sponsor and am worried. Also my dad is a US citizen BUT my mother has a green card. Would that still be ok because my dad and mom filed jointly?

[aleful 1,905]

I am a student and in 2015 I just earned about $4,000 from working part time. I want to use my parents and sister's income for the affidavit of support.

My parents' 2015 Tax Return shows income about $21,000. They filed jointly and claimed me as a dependent. My sister's 2015 tax return shows about $14,7000. My sister files single and has no dependents.

My sister and I live with our parents. Would the $21,000 and $14,700 be combined when the NVC reviews my file? Or are they going to be looked at as separately? Would NVC consider family size of 3 for my parents (me and parents) and my sister's family size as 1? OR would it just be considered 4 since we all live together. I really have no one else who could co-sponsor and am worried. Also my dad is a US citizen BUT my mother has a green card. Would that still be ok because my dad and mom filed jointly?

hi

your dad's household size would be 4, himself, your mom, you, since you are his dependent and your wife the beneficiary

your sister's would be 2, herself plus your wife as the beneficiary

as the petitioner you will fill out an i864 as the sponsor, regardless of your income

your dad will fill out the i864 as your joint sponsor and your mom and sister will fill out the i864A as his household members

they will combine income, they have to send proof of relationship, proof that they are USC or LPR and proof that they all live in the same house

[arken 4,201]

Yes you can combine the income of your parents and sister for AOS. You will fill in i864 and each of your parents and sister will fill i864A separately. So your household size in i864 will be 5 (your parents + sister + you + your spouse).

However, each one should put the current annual income for the year 2016 (not from 2015) to come up with the total current annual income.

If the annual income for 2016 same as 2015, so the total income would be $35,700.

For household size of 5, minimum required is $35,550. It's so marginal so will likely receive a RFE for co-sponsor or assets.

[alikhan4 0]

hi

your dad's household size would be 4, himself, your mom, you, since you are his dependent and your wife the beneficiary

your sister's would be 2, herself plus your wife as the beneficiary

as the petitioner you will fill out an i864 as the sponsor, regardless of your income

your dad will fill out the i864 as your joint sponsor and your mom and sister will fill out the i864A as his household members

they will combine income, they have to send proof of relationship, proof that they are USC or LPR and proof that they all live in the same house

Thank you! For the proof of relationship and proof we all live in same household what documents can we send?

[aleful 1,905]

hi

for proof of relationship, for your parents, copy of their marriage certificate and for your sister, copy of her birth certificate where your parents appear

mail in their names with the same address, as proof as they live in the same household

[aleful 1,905]

Yes you can combine the income of your parents and sister for AOS. You will fill in i864 and each of your parents and sister will fill i864A separately. So your household size in i864 will be 5 (your parents + sister + you + your spouse).

However, each one should put the current annual income for the year 2016 (not from 2015) to come up with the total current annual income.

If the annual income for 2016 same as 2015, so the total income would be $35,700.

For household size of 5, minimum required is $35,550. It's so marginal so will likely receive a RFE for co-sponsor or assets.

hi

incorrect, even if they live in the same house, they are separate households

for the OP on his i864, the household size is 2, himself plus his wife

his dad's household size is 4 as mentioned above and his sister's is 2

[arken 4,201]

hi

incorrect, even if they live in the same house, they are separate households

for the OP on his i864, the household size is 2, himself plus his wife

his dad's household size is 4 as mentioned above and his sister's is 2

Your approach is that his dad and sister will fill separate i864 (because household size is needed in i864 only not in i864A). So they will be like two joint sponsors and so his father has to have sufficient individual income for a household size of 4 and his sister will have separate individual income for household size of 2. They don't meet the income requirement in that way.

My approach is not incorrect. My approach is to just add income of all household members to the OP's i864 so that each household member will fill i864A not i864 and so no joint sponsors.

Edited July 13, 2016 by arken

[aleful 1,905]

Your approach is that his dad and sister will fill separate i864 (because household size is needed in i864 only not in i864A). So they will be like two joint sponsors and so his father has to have sufficient individual income for a household size of 4 and his sister will have separate individual income for household size of 2. They don't meet the income requirement in that way.

My approach is not incorrect. My approach is to just add income of all household members to the OP's i864 so that each household member will fill i864A not i864 and so no joint sponsors.

hi

no, re read my post

his dad will fill out the i864, his wife the i864A and his daughter also the i864A, so they will be combining income

they don't need to combine income with OP

I said the petitioner meaning the OP files an i864, his dad fills out an i864 as his joint sponsor and the other 2 as his household members will fill out an i864A each

now if they needed the op's income they could all be household members and fill out the i864A

Edited July 13, 2016 by aleful

[alikhan4 0]

Thank you both! And it does make sense since are living in the same household and contributing to bills etc. My sister actually earns more now than is shown in the 2015 tax return. Now her 2016 expected annual income (after taxes) is about $25,300. We can submit her pay stubs to show this estimate. Would they still look at the 2015 income heavily because we have the 2015 Tax Return?

Edited July 13, 2016 by alikhan4

[arken 4,201]

Thank you both! And it does make sense since are living in the same household and contributing to bills etc. My sister actually earns more now than is shown in the 2015 tax return. Now her 2016 expected annual income (after taxes) is about $25,300. We can submit her pay stubs to show this estimate. Would they still look at the 2015 income heavily because we have the 2015 Tax Return?

Yes must provide the proof of current income for everyone who's income will be a part of your affidavit of support. In addition, everyone needs to provide the income info from their last three year tax returns as indicated on i864 or i864A provided they had filed the tax returns.

Edited July 13, 2016 by arken

[arken 4,201]

hi

no, re read my post

his dad will fill out the i864, his wife the i864A and his daughter also the i864A, so they will be combining income

they don't need to combine income with OP

I said the petitioner meaning the OP files an i864, his dad fills out an i864 as his joint sponsor and the other 2 as his household members will fill out an i864A each

now if they needed the op's income they could all be household members and fill out the i864A

If his dad fills i864 as a joint sponsor and will be combining the income from his wife and daughter, so household size of his 864 would be 5 (himself, his wife, his daughter since her income is combined with his income, the OP and OP's spouse) and not 4.

So whether it's your approach or my approach, total household size is 5 anyway.

Edited July 13, 2016 by arken

[Ryan H 3,925]

Moved from Progress Reports to Process & Procedures.