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Affidavit of support complications

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So I'm filling out an affidavit of support I have a few questions. I'm currently living with my wife in the Philippines. We have two children together and shes got a son (my step son). Not much income but my father is a joint sponsor.

 

#1 On the affidavit of support I'm required to list all the children as dependents. Does that mean I can petition them as well or would I have better chances of getting approved if I only petitioned my wife first?
#2 Does my mother who also lives with my father in the U.S. count as another person in the household? How do I calculate the household if I myself, my wife and 3 kids are living in the Philippines plus my mother & father who reside in the U.S.? I calculate it as 7 in the household, and is that the same way USCIS is going to see it?
#3 If I don't petition the children with my wife is my household still 7?

#4 My father is retired on social security + he just started renting a property out for a combined yearly income of $31,200. My mother is retired on social security and is getting $6,000 a year. My wife owns a cafe here in the Philippines which is only bringing in $7,000 a year(will continue to operate once we leave) and I'm the one managing that cafe. Currently since I'm with my family in the Philippines I've not worked since getting out of college here. So if I were to use my fathers income + my mothers + my spouse whom I'm petitioning it would equal $44,200 which is under the 125% poverty guideline at $46,425. My father owns a house which is worth $150,000 with $80,000 still left on the mortgage. So hes got about $70,000 in the house which I can use on the affidavit of support. Now since my father is a joint sponsor does he have to have 3 times the the amount we are lacking in assets or 5 times?

#5 Even if I were not able to use my wife's income as USCIS might think we were unable to continue that income after leaving that would mean I'm about $9,000 something dollars short for a household of 7. So I'd need $9,000 multiplied by 5 which is $45,000 in assets, would this be covered by the assets my father has since hes a joint sponsor(Talking about the $70,000 in equity hes got in his house)?

#6 Is it pretty black and white when they look if I'm above the poverty guidelines? Like they see annual income + needed assets and it meets the guideline or will they critique the income since assets are being used along with annual income?

 

Sorry I have so many questions but I'm going to be filing here in the next few days and would love everyone who had info to chime in. Please specify the number of the question you are answering as there are just so many.

 

Thank you very much everyone, I do appreciate all the help.

Regards

 

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Answers:

  • The children you and your wife have together would need a Comsular Report of Birth Abroad (CRBA) which will enable them to obtain a US Passport; they would not need to be petitioned.  You would need to petition your stepson provided you married your wife prior to his 18th birthday.
  • Your household size is 5; your parents household size is 4.  You and the two children you have with your wife don't count in their household size; your parents don't count in yours.
  • Use the poverty guidelines with the numbers I just gave you.
  • When joint sponsors use assets to qualify, it is 5 times.
  • For a house to be used, an appraisal by a professional appraiser is required.  The qualifying amount is what is on the appraisal minus money owed.  If the house is a primary home it may be disallowed if in the event of the terms of the I-864 not being met, its liquidation would cause an undue hardship to the owner.

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June 21, 2010: Engaged!!!
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May 3, 2011: Received NOA1 hardcopy in mail
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July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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2 minutes ago, Ryan H said:

Answers:

  • The children you and your wife have together would need a Comsular Report of Birth Abroad (CRBA) which will enable them to obtain a US Passport; they would not need to be petitioned.  You would need to petition your stepson provided you married your wife prior to his 18th birthday.
  • Your household size is 5; your parents household size is 4.  You and the two children you have with your wife don't count in their household size; your parents don't count in yours.
  • Use the poverty guidelines with the numbers I just gave you.
  • When joint sponsors use assets to qualify, it is 5 times.
  • For a house to be used, an appraisal by a professional appraiser is required.  The qualifying amount is what is on the appraisal minus money owed.  If the house is a primary home it may be disallowed if in the event of the terms of the I-864 not being met, its liquidation would cause an undue hardship to the owner.

Thank you so much for all the info you've shared with me. Can you please clarify further regarding household size? How much do I (sponsor) and joint sponsors need to be making annually for my wife and 3 kids to be considered as passing on the poverty guidelines? The way I understood what you said is I need to have passed the poverty guidelines for my household of 5 and my father needs to pass the poverty guidelines with his household number? How does all this mash together so that him being joint sponsor will offset my lack of income? Sorry for me not understanding properly.

Also my parents household is 4 (the two of them + my wife and I)?

 

Thank you Ryan

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Refer to the most current I-864P for qualifying amounts and household size.  I don't know what you are getting at by saying "mash together."  The reason for needing a joint sponsor is if your income, assets, or combination therof is insuffiencent to meet the qualifying threshold for your applicable household size.  Joint Sponsors qualify based on their household size.

 

Your parents household size breaks down as follows:

  • the two of them
  • your wife
  • your stepson

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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5 minutes ago, Ryan H said:

Refer to the most current I-864P for qualifying amounts and household size.  I don't know what you are getting at by saying "mash together."  The reason for needing a joint sponsor is if your income, assets, or combination therof is insuffiencent to meet the qualifying threshold for your applicable household size.  Joint Sponsors qualify based on their household size.

 

Your parents household size breaks down as follows:

  • the two of them
  • your wife
  • your stepson

I do apologize for not being clear. I mean how do I meet the poverty guidelines with my joint sponsor so I don't get denied based on not meeting the poverty guidelines. So me petitioning my wife and 3 children using my father as the joint sponsor he only needs to meet the povertyguidelines guidelines based on a household of 4?

 

Thank you

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Do you have anyone else that can be a sponsor? I dont know if your father is going to qualify. Mainly because you said 'he just started" renting out for income. He has to show his income is stable and will continue in the future. SS is one thing. That is verifiable. The problem is rental income isnt. Usually to make something "verifiable income" for the 864 you need to show it on at least 1 year of tax returns. Im guessing he doesnt have that. If thats true then it will be up to the discretion of USCIS on whether to approve him as a sponsor or not. 

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One thing I need to add is my two biological children are not U.S. citizens as I was not qualified to transfer citizenship to them. Not sure if this changes everything or how much harder that makes things but I was denied on the CRBA applications as I was only 15 when I started going to school abroad. I didn't have two years after the age of 14 years old in the US before I had children which were born abroad. Sorry for leaving that out and sorry for forgetting to mention that @Ryan H


@NikLR Sorry for leaving that out of my initial post i'll try to update that

1 minute ago, Damara said:

Do you have anyone else that can be a sponsor? I dont know if your father is going to qualify. Mainly because you said 'he just started" renting out for income. He has to show his income is stable and will continue in the future. SS is one thing. That is verifiable. The problem is rental income isnt. Usually to make something "verifiable income" for the 864 you need to show it on at least 1 year of tax returns. Im guessing he doesnt have that. If thats true then it will be up to the discretion of USCIS on whether to approve him as a sponsor or not. 

It's going on 8 months now and your right he does not have that on a tax return

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You have to petition them separately.  They would need an I-864w each because they will become USC as soon as they become LOT due to your citizenship. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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3 minutes ago, NikLR said:

You have to petition them separately.  They would need an I-864w each because they will become USC as soon as they become LOT due to your citizenship. 

Yes I've started on the forms already for the children as well. Either way they are included in household size so I guess I might as well apply for them at the same time, what do you think?

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14 hours ago, NikLR said:

Yes that way everyone can move at the same time. 

OK thank you for the info. If you or anyone one else have any other suggestions I'm all ears. NikLR if you know more about the household size I had a couple questions regarding that as well. 

 

My household size is 5 as explained above and my joint sponsor which is my father has a household size of 2 (my mother and my father) I'm not sure how much total income is needed between myself, my wife, my father (joint sponsor) and my mother. I attached the poverty guidelines but unsure of where I need to be at in regards to the total income I need annually. Thanks for any additional info, it's very much appreciated.

poverty guidelines.jpg

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They do not need the difference.  They need to have enough income or assets for a household size of 4.  

Mother

Father

Your wife (immigrating) 

Your stepson (immigrating)

$30750

The assets used by a joint sponsor must be 5x the difference between the poverty guidelines and income. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Just now, NikLR said:

They do not need the difference.  They need to have enough income or assets for a household size of 4.  

Mother

Father

Your wife (immigrating) 

Your stepson (immigrating)

$30750

The assets used by a joint sponsor must be 5x the difference between the poverty guidelines and income. 

Yes but I have my two biological children that I have to petition as well as they do not qualify for the CRBA since I wasn't qualified to transfer citizenship and my CRBAs were denied. So the household would then be 6:
Mother

Father

My wife (immigrating)

My step son (immigrating)
My son #1 (immigrating)
My son #2 (immigrating)

 

Regarding finding another joint sponsor. Does that mean not use my father as a joint sponsor or can I have two joint sponsors?

 

Thank you

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