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Posted

 

I have a question regarding household size Part5 - Q6 ("If you have sponsored any other persons on an I-864 or I-864 EZ who are now lawful permanent residents, enter the number here.")

 

I have already given I-864 to my brother who is awaiting visa after his interview, Should I count my brother in new I-864?? Though my brother is not lawful permanent resident as of now?

 

 

 

 

Filed: F-2A Visa Country: Nepal
Timeline
Posted
46 minutes ago, pakImmi said:

 

I have a question regarding household size Part5 - Q6 ("If you have sponsored any other persons on an I-864 or I-864 EZ who are now lawful permanent residents, enter the number here.")

 

I have already given I-864 to my brother who is awaiting visa after his interview, Should I count my brother in new I-864?? Though my brother is not lawful permanent resident as of now?

 

 

 

 

Go by what the form says. Count only if they are LPRs.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: Other Country: Saudi Arabia
Timeline
Posted

I would strongly advise that you declare every single immigrant that you are sponsoring.

 

Household income relative to household size is material to the outcome of an immigrant case.  Material omission is a ground for retroactively stripping every benefit obtained from the beginning.

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)
10 minutes ago, Nitas_man said:

I would strongly advise that you declare every single immigrant that you are sponsoring.

 

Household income relative to household size is material to the outcome of an immigrant case.  Material omission is a ground for retroactively stripping every benefit obtained from the beginning.

We went through this question  when our son sponsored both of us for IR 5 .. seperate petitions

and separate 864 of course..  we were advised by NVC that , as the person with the other 864 ( the other parent) had not yet received their visa, their 864 was not yet active and hence was not included in household size 

Edited by Lil bear
Filed: F-2A Visa Country: Nepal
Timeline
Posted
1 hour ago, Nitas_man said:

I would strongly advise that you declare every single immigrant that you are sponsoring.

 

Household income relative to household size is material to the outcome of an immigrant case.  Material omission is a ground for retroactively stripping every benefit obtained from the beginning.

Not including the OP’s brother in i864 by following its own instructions is not considered a material omission.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: Other Country: Saudi Arabia
Timeline
Posted
31 minutes ago, arken said:

Not including the OP’s brother in i864 by following its own instructions is not considered a material omission.

 

This is what I know:  If OP is sponsoring more immigrants than he is qualified to sponsor and it is later discovered then the beneficiaries can be retroactively stripped of their benefits in reverse order of obtaining LPR status.  

 

USCIS doesn’t care how it happened.  USCIS just cares that every single aspect of qualification was met and they go back and audit every single step of every single case every time and when they find that a decision was made based on incorrect information they undo it.

 

Now:  Only OP knows the total household size and number of immigrants he is qualified to sponsor.  Best of luck.

 

Filed: F-2A Visa Country: Nepal
Timeline
Posted
15 minutes ago, Nitas_man said:

 

This is what I know:  If OP is sponsoring more immigrants than he is qualified to sponsor and it is later discovered then the beneficiaries can be retroactively stripped of their benefits in reverse order of obtaining LPR status.  

 

USCIS doesn’t care how it happened.  USCIS just cares that every single aspect of qualification was met and they go back and audit every single step of every single case every time and when they find that a decision was made based on incorrect information they undo it.

 

Now:  Only OP knows the total household size and number of immigrants he is qualified to sponsor.  Best of luck.

 

I am simply trying to figure out why it’s relevant to OP’s case. Not counting OP’s brother at present is NOT providing incorrect information even per USCIS.

 

The instruction is that simple: Type or print the number of lawful permanent residents whom you are obligated to support based in your previous submission of i864. 

 

His brother is not an LPR, so counting him is in fact providing incorrect information.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: Other Country: China
Timeline
Posted (edited)
5 hours ago, Nitas_man said:

I would strongly advise that you declare every single immigrant that you are sponsoring.

n omm

Household income relative to household size is material to the outcome of an immigrant case.  Material omission is a ground for retroactively stripping every benefit obtained from the beginning.

OK, but NOT on the I-864 in question.  It would be improper to do so, as they have not yet sponsored anybody until they actually arrive in the US and become LPR's.  Counting the prospective immigrant in this case would be "inaccurate".  Not counting him IS accurate, not an omission of any kind, material or otherwise.

 

That said, if the spouse enters the US before the other immigrant's visa interview, the sponsor should provide an updated I-864 for that interview, as the one already submitted will not be accurate when the public charge determination is made, for whichever interview comes second.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Other Country: China
Timeline
Posted
3 hours ago, Nitas_man said:

 

This is what I know:  If OP is sponsoring more immigrants than he is qualified to sponsor and it is later discovered then the beneficiaries can be retroactively stripped of their benefits in reverse order of obtaining LPR status.  

 

USCIS doesn’t care how it happened.  USCIS just cares that every single aspect of qualification was met and they go back and audit every single step of every single case every time and when they find that a decision was made based on incorrect information they undo it.

 

 

 

You have a point but the solution is to provide an updated I-864 for whichever interview is second, not to provide an inaccurately completed affidavit NOW.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: F-2A Visa Country: Nepal
Timeline
Posted
49 minutes ago, pakImmi said:

 

Thank you all for the help.

 

I have decided not add my brother for now but i will send the updated i864 @interview if situation will change. 

 

 

Correct decision. 👍

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

 
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