Adjustment of Status with Esta

[Kimdung92 1]

33 minutes ago, florida racer 73 said:

 

It goes by household members

 

#of people living in household, I just put an I-864 away otherwise I would tell you the section and line number

So I do need to file i864A correct? How many do i need to file? So my husband and his step dad (joint sponsor) file i864 and his mom needs to file i864A?

[geowrian 22,336]

1 hour ago, Kimdung92 said:

so the step father does live in the same household, but he is not on the mortgage of this house only his mom. Does that still means we need to file i864A?

we all live here my husband, me, his mom and his step dad

There's 2 separate issue here, which is why I think you are confused.

 

1) Household size. The rules for this are in the I-864 + instructions. This would (generally) be you + your spouse here. If he has minor children, they would also be counted in the household. If he claimed anybody else on his taxes, then they would be included as well.

 

2) Household agreement vs joint sponsor. His father - being a relative living in the same residence as him - could file an I-864A to combine his income with your spouse since he qualifies for the household agreement. He would be included in the household size if doing this.

Alternatively, he could file an I-864 to be a joint sponsor instead. In that case, his household size would be based on the same rules noted in #1 above.

As for which one is better, IMO, it depends on the combined incomes and household sizes involved.

 

His mother would not be counted in your husband's household size (unless he claims her on his taxes).

His mother would not be counted in his stepfather's household size ((unless he claims her on his taxes).

Edited July 2, 2018 by geowrian

[florida racer 73 200]

1 hour ago, Kimdung92 said:

So I do need to file i864A correct? How many do i need to file? So my husband and his step dad (joint sponsor) file i864 and his mom needs to file i864A?

I only filed an I-864 for my wife on a cr1 visa, when co-sponsors are required, unfortunally I cannot answer that, I am sure one of the other members can give you the proper information

[Kimdung92 1]

1 hour ago, geowrian said:

There's 2 separate issue here, which is why I think you are confused.

 

1) Household size. The rules for this are in the I-864 + instructions. This would (generally) be you + your spouse here. If he has minor children, they would also be counted in the household. If he claimed anybody else on his taxes, then they would be included as well.

 

2) Household agreement vs joint sponsor. His father - being a relative living in the same residence as him - could file an I-864A to combine his income with your spouse since he qualifies for the household agreement. He would be included in the household size if doing this.

Alternatively, he could file an I-864 to be a joint sponsor instead. In that case, his household size would be based on the same rules noted in #1 above.

As for which one is better, IMO, it depends on the combined incomes and household sizes involved.

 

His mother would not be counted in your husband's household size (unless he claims her on his taxes).

His mother would not be counted in his stepfather's household size ((unless he claims her on his taxes).

Im still so confused :'( 

So my husband cant sponsor me thats why his step dad would like to sponsor us,

my husband, me, his mom and his mom's partner live in his mom's house, its her mortgage.

Her Partner (step dad) is not on the Mortgage, but its his residence address.

Please tell me clear, what kind of forms we need to fill out...please.

we are so confused with all the forms, does his mom needs to file a form as well?

which one would you recommend?

[geowrian 22,336]

2 minutes ago, Kimdung92 said:

Im still so confused :'( 

So my husband cant sponsor me thats why his step dad would like to sponsor us,

my husband, me, his mom and his mom's partner live in his mom's house, its her mortgage.

Her Partner (step dad) is not on the Mortgage, but its his residence address.

Please tell me clear, what kind of forms we need to fill out...please.

we are so confused with all the forms, does his mom needs to file a form as well?

which one would you recommend?

The mortgage piece has nothing to do with the filing.

 

It's hard to say what is "best" in your case without knowing all the numbers of everybody involved.

 

Your husband must file an I-864 (or I-864EZ if he qualifies).

Your husband's stepfather can file either an I-864 or I-864A. Generally, the I-864A route would be better since it lets your husband combine his income with his stepfather and there's no children involved to make the household counts considerably different vs him filing his own I-864.

Both your husband and his stepfather would provide evidence of their income, and at least the most recent year's tax return.

 

I highly suggest re-reading the I-864 and I-864A instructions until you (and your spouse) are confident that you understand them and how they apply to your specific situation.

[NikLR 13,220]

~~moved from progress reports to process and procedures~~

[Kimdung92 1]

5 minutes ago, geowrian said:

The mortgage piece has nothing to do with the filing.

 

It's hard to say what is "best" in your case without knowing all the numbers of everybody involved.

 

Your husband must file an I-864 (or I-864EZ if he qualifies).

Your husband's stepfather can file either an I-864 or I-864A. Generally, the I-864A route would be better since it lets your husband combine his income with his stepfather and there's no children involved to make the household counts considerably different vs him filing his own I-864.

Both your husband and his stepfather would provide evidence of their income, and at least the most recent year's tax return.

 

I highly suggest re-reading the I-864 and I-864A instructions until you (and your spouse) are confident that you understand them and how they apply to your specific situation.

Got it! Thank you so much!

[R&OC 357]

4 hours ago, little immigrant said:

How did you end up with the same officers over and over? How cool is that when they actually know your story and just be like "yea come on in" 

The airport I enter the US with is rather small in comparison and no, they don't go easy on me at all. It is just funny that I had a few officers a few times and their faces begin to look familiar and I recall the questions from last time. Again, they are very professional but never rude. I had a few rude encounters after which I decided there are other international airports available. No need to have someone shout at you for standing next to your husband and in the wrong line (by accident) when all there was needed was a "stand in the right lane, please (or minus the please even)"...