Including or declaring intending immigrant’s assets in Form I-864

[Wierobles 8]

Hi!

 

Because of the RFE we received regarding my sponsor and joint sponsor’s I-864, I read and re-read the I-864 Instructions since my husband (USC) and I will be the one to handle this sans the lawyer. Yes, we entrusted everything to our lawyer when we started with the application. 

 

As a backgrounder, my husband submitted his ITRs for 2015, 2016 and 2017. His ITRs for the years 2015 and 2016 were more than able to meet the Federal Poverty Guideline (FPG). It was his 2017 ITR that we had a concern. In all fairness to our lawyer, upon evaluating the ITRs, he suggested that we get a joint sponsor which is my sister.  

 

My sister is married with 2 kids. She and her husband jointly files ITR but it will only be her income that will be used for the I-864. Her income alone is way above sufficient in meeting the FPG. She  also submitted her W2, Certificate of Employment with salary, and one month payslip. 

 

Questions:

 

In the RFE my husband and sister are being required to submit a complete and correctly calculated household size for the petitioning sponsors. What else should we submit when in the initial application we already submitted the ITRs and other documents?

 

In my sister’s Form I-864, the number of household would be five (5) incluidng me, am I right? My sister, her husband, 2 kids and myself. Our lawyer indicated seven (7). He included my husband and his daughter. On a lighter note, even if our lawyer indicated it in the Form, my sister’s sole income is still comfortably sufficient to cover the 7 of us.

 

Based on my reading, I can actually include or declare my assets. But our lawyer did not even bother to discuss this with us (but to rationalize it, we would have a stronger case to have a joint sponsor instead). Now, since our lawyer did not declare my assets in the Form during the initial filing, can we declare it now that we are preparing our reply?

 

Thank you very much!

 

 

Wierobles

 

 

 

[DennisMN 11]

There was in the forum other discussion about the "Part 5. Sponsor's Household Size" of the Form I-864.  As I had a wife and three kids, each has their own I-864.

The numbers of the line numbers under Part 5 for my wife is different than the children's.  they all add up to our household of 5 (me, wife, 3 kids).  Now you have sister and other relations.  I am guessing the different I-864 forms did not calculate the way they wanted it.   At least  a first place to look. but not sure as many moving parts.

I would say yes to including more assets to satisfy the system.

[Lil bear 3,831]

Assuming your daughter is also a USC , then your husbands I864 family size is 3,(himself, daughter and immigrant)  and your sisters 864 household size is 5 ( sister, her husband, her 2 children and immigrant) 

Just love it when people who are paid to do this can’t get simple things right ! 

Assets.. yes follow the guideline to include your eligible assets .. make sure you have the correct documentation.. and the CO may decide that the joint sponsor is not needed 

[Wierobles 8]

Thanks! 

1 hour ago, DennisMN said:

There was in the forum other discussion about the "Part 5. Sponsor's Household Size" of the Form I-864.  As I had a wife and three kids, each has their own I-864.

The numbers of the line numbers under Part 5 for my wife is different than the children's.  they all add up to our household of 5 (me, wife, 3 kids).  Now you have sister and other relations.  I am guessing the different I-864 forms did not calculate the way they wanted it.   At least  a first place to look. but not sure as many moving parts.

I would say yes to including more assets to satisfy the system.

Thank you!

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,092]

9 hours ago, DennisMN said:

There was in the forum other discussion about the "Part 5. Sponsor's Household Size" of the Form I-864.  As I had a wife and three kids, each has their own I-864.

The numbers of the line numbers under Part 5 for my wife is different than the children's.  they all add up to our household of 5 (me, wife, 3 kids).  Now you have sister and other relations.  I am guessing the different I-864 forms did not calculate the way they wanted it.   At least  a first place to look. but not sure as many moving parts.

I would say yes to including more assets to satisfy the system.

Submitting the intending immigrant's assets would be on the Petitioner's I-864.

 

You don't just PUT a NUMBER in household size.  You must also correctly indicate how those numbers are derived.  The PDF file itself will properly calculate the household size if you follow the instructions.

 

It sounds like there are two intending immigrants.  If so, there are also two sets of affidavits of support.  Nobody indicates they are sponsoring anybody else on THIS affidavit, so the total household size would be off by one.  Consular officers will know the correct household size when considering their decision.  Please clarify whether there is just a spouse or a spouse and child of spouse immigrating. It makes a difference.

 

When explaining things, be certain to refer to petitioner, foreign spouse, stepchild of petitioner, etc. so it is clear who is who etc.

 

It doesn't matter if your joint sponsor's income is clearly sufficient.  It is still best practice to provide an I-864a from the joint filing spouse.

[Wierobles 8]

10 hours ago, pushbrk said:

Submitting the intending immigrant's assets would be on the Petitioner's I-864.

 

You don't just PUT a NUMBER in household size.  You must also correctly indicate how those numbers are derived.  The PDF file itself will properly calculate the household size if you follow the instructions.

 

It sounds like there are two intending immigrants.  If so, there are also two sets of affidavits of support.  Nobody indicates they are sponsoring anybody else on THIS affidavit, so the total household size would be off by one.  Consular officers will know the correct household size when considering their decision.  Please clarify whether there is just a spouse or a spouse and child of spouse immigrating. It makes a difference.

 

When explaining things, be certain to refer to petitioner, foreign spouse, stepchild of petitioner, etc. so it is clear who is who etc.

 

It doesn't matter if your joint sponsor's income is clearly sufficient.  It is still best practice to provide an I-864a from the joint filing spouse.

Thank you, pushbrk for this reply.

 

Noted on where to indicate the asset.

 

I am the only principal sponsored immigrant, a foreign spouse being petitioned by my USC husband.

 

In Part 5 of the Form I-864 (Sponsor’s Household Size), item #1 indicates “persons you are sponsoring in this affidavit”. I am being sponsored so we would indicate “1”.  

 

Then, persons NOT sponsored in this affidavit:

     My sister would indicate on her form:

          Herself  (1)

          Spouse (1)

          Dependent children (2)

          The total household is 5.

 

     Whereas, my husband would indicate:

          Himself (1)

          Dependent children (1)

          The total household is 3.

 

For the joint sponsor (my sister), she and her husband jointly files ITR but she will only use her income for the purpose of sponsoring. Hence,  my sister’s husband will not be accomplishing I-864a. We need my sister to jointly sponsor me as my husband’s latest ITR did not meet the FPG.

 

Your inputs are highly appreciated.

 

 

Wierobles

[pushbrk 12,092]

3 hours ago, Wierobles said:

Thank you, pushbrk for this reply.

 

Noted on where to indicate the asset.

 

I am the only principal sponsored immigrant, a foreign spouse being petitioned by my USC husband.

 

In Part 5 of the Form I-864 (Sponsor’s Household Size), item #1 indicates “persons you are sponsoring in this affidavit”. I am being sponsored so we would indicate “1”.  

 

Then, persons NOT sponsored in this affidavit:

     My sister would indicate on her form:

          Herself  (1)

          Spouse (1)

          Dependent children (2)

          The total household is 5.

 

     Whereas, my husband would indicate:

          Himself (1)

          Dependent children (1)

          The total household is 3.

 

For the joint sponsor (my sister), she and her husband jointly files ITR but she will only use her income for the purpose of sponsoring. Hence,  my sister’s husband will not be accomplishing I-864a. We need my sister to jointly sponsor me as my husband’s latest ITR did not meet the FPG.

 

Your inputs are highly appreciated.

 

 

Wierobles

All fine except as already advised.  Sister's husband can do the I-864a NOW and include all their income, or wait and do it when the Consular Officer asks for it.  Choice two means a delay while a whole new affidavit is prepared, plus the I-864a and submitted, plus a few weeks.  It is a "joint obligation" for them anyway.  CO's want to know that is understood.  You don't get to "choose" which income is "used".  So do it now correctly, or do it later and face delay.

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.