Affidavit of support

[Bengoj 133]

Hello. I’m the petitioner. I filed I 130 in October 2018. My situation is this, I worked on and off in 2018 because I was traveling to see my husband in his country. I have been renting out my place to travel to see my husband. In 2019, I plan to start working again. Once my i130 is approved and they ask me to upload my i864, can I just show them a letter to from my current employer showing my current salary? 

[pushbrk 12,110]

1 hour ago, Gojo said:

Hello. I’m the petitioner. I filed I 130 in October 2018. My situation is this, I worked on and off in 2018 because I was traveling to see my husband in his country. I have been renting out my place to travel to see my husband. In 2019, I plan to start working again. Once my i130 is approved and they ask me to upload my i864, can I just show them a letter to from my current employer showing my current salary? 

Start by carefully and completely studying the I-864 instructions.  Your pay stub will be your evidence of qualifying current income, but not the only supporting documentation you'll provide.

[Bengoj 133]

43 minutes ago, pushbrk said:

Start by carefully and completely studying the I-864 instructions.  Your pay stub will be your evidence of qualifying current income, but not the only supporting documentation you'll provide.

Thank you for your response. Are you able to elaborate a little more on what else I would need. Please. 

[pushbrk 12,110]

1 hour ago, Gojo said:

Thank you for your response. Are you able to elaborate a little more on what else I would need. Please. 

It depends on your circumstances.  Match your circumstances to your study of the instructions.  You cannot "do it yourself" without careful and thorough study of the instructions.

[Bengoj 133]

Hello. On my affidavit of support do I have to include my son that is not in my household?  He currently lives with his father from a previous relationship and is attending school where his father lives at. His father has full custody and claims him in his taxes for the past 3 years. Does my son have to be included in my AOS?

[aaron2020 11,651]

Yes.  You must count your son as part of your household for the I-864.

From page 7 of the I-864 instructions.  https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf

 

Part 5. Sponsor’s Household Size

 

Item Number 4. Type or print the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns.

[Bengoj 133]

The last part states I may exclude any unmarried children under 21 if these children reached majority under the law of their place of domicile and I do not claim as dependent on federal tax return “... which I don’t. I don’t claim on my tax return. His father does. So I still have to add him?  

[aaron2020 11,651]

1 minute ago, Gojo said:

The last part states I may exclude any unmarried children under 21 if these children reached majority under the law of their place of domicile and I do not claim as dependent on federal tax return “... which I don’t. I don’t claim on my tax return. His father does. So I still have to add him?  

Has your son reached the age of majority in his state of residence?  How old is he and which state does he live in?

[Bengoj 133]

Hi have 1 son in college age 21. And I have another son in question, age 15.  He lives in Maryland with his father for the past 7 years.  I live in Virginia. His father has been claiming him on his taxes for the past 7 years and has full custody. 

[aaron2020 11,651]

6 minutes ago, Gojo said:

Hi have 1 son in college age 21. And I have another son in question, age 15.  He lives in Maryland with his father for the past 7 years.  I live in Virginia. His father has been claiming him on his taxes for the past 7 years and has full custody. 

You must count the 15 years old in your household for the I-864.  He has not reached the age of majority in Maryland.  The age of majority in MD is 18.  

You can exclude the 21 years old unless you claim him on your tax return.  If you claim him on your tax return, then you must include him in your household for the I-864.

Edited January 27, 2019 by aaron2020

[Bengoj 133]

Even if I don’t claim him on tax return?

[aaron2020 11,651]

1 minute ago, Gojo said:

Even if I don’t claim him on tax return?

Yes.  Read the I-864 Instructions that I posted earlier.  

 

You can only exclude him if BOTH conditions are met.  1) he has reached the age of majority in his state of domicile, AND 2) he is not claimed as a dependent on your tax return.

You meet condition 2, but you fail condition 1.  Therefore, you must include him in your household count for the I-864.

[Bengoj 133]

Ok so myself, my 15 year old and my migrating spouse would be 3 people in household? Do I count my husband that I’m trying to migrate to US as part of the household?  Making it 3? Or is it 2?... just me and my son?

[aleful 1,905]

hi

 

3, the petitioner and beneficiary are always counted, plus any other dependents, so the sum is for 3

 

 

[aaron2020 11,651]

4 minutes ago, Gojo said:

Ok so myself, my 15 year old and my migrating spouse would be 3 people in household? Do I count my husband that I’m trying to migrate to US as part of the household?  Making it 3? Or is it 2?... just me and my son?

I don't know since I don't know all the details about your life.  If you have filed an I-864 for another person, you may need to count the person too. 

 

At the very least, your household count is 3.  You must include your 15 years old son.  You must include yourself.  You must include your husband as the intending immigrant  (Follow the instructions and don't count him twice as your husband and the intending immigrant.  Count him only once.) 

Edited January 27, 2019 by aaron2020