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jasonlzak

A silly question about Poverty GuideLine and number of household members

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Hi everyone,

 

I'm single and have no child, no dependents, no nothing, so my household size is 1. My current income just say for example $22k ( > 2 Household size) so I'm qualified to sponsor 1 person without getting aid from other sources. Now I've read that the household size does not add up until that immigrant become actual a LPR. Now If I can file one petition for my father, one for my mother, one for my sibling at the same time,.. Is it possible, is it considered as cheating or NVC will know it,  how does it work? Thanks.

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9 minutes ago, jasonlzak said:

Hi everyone,

 

I'm single and have no child, no dependents, no nothing, so my household size is 1. My current income just say for example $22k ( > 2 Household size) so I'm qualified to sponsor 1 person without getting aid from other sources. Now I've read that the household size does not add up until that immigrant become actual a LPR. Now If I can file one petition for my father, one for my mother, one for my sibling at the same time,.. Is it possible, is it considered as cheating or NVC will know it,  how does it work? Thanks.

You can file as many petitions as you want.  When it comes sponsorship time it is the size of your household plus any previous sponsorships plus the current applicant being sponsored.  


YMMV

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There's no issue filing petitions for any number of eligible relatives.

 

When it comes time to complete I-864s for them, your current income (if it remains the same) is going to be insufficient to sponsor all of them. You may or may not be able to sponsor 1 of them on your own (if the ~$22k is accurate and not just a random number)....CO's call if being that close to the borderline minimum income level is enough to not present a public charge risk. Sponsoring parents, especially if they are up there in age and/or in/are close to retirement, is a real test of financial resources.

 

There's not going to be any "cheating" here...the CO will look at the entire situation and assess the public charge risk from there.

 

You can utilize assets if needed (at a $5 asset = $1 income ratio), or find joint sponsors for each as needed.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Posted (edited)

I want to thank you both for answering my question. But I'm afraid it was not what I meant. Maybe my question was not clear enough, what I want to ask is, when at NVC stage, they look at your case, it shows you are sponsoring one person and you are just qualified for it, for example my mother case. But my father and sibling case are separate, so the household size is still 2 people which includes myself and the intending immigrant (because the number won't count until the immigrant come and live in the US). What I mean is the pending case,  I can just  sponsor all of them as the matter of fact my income is just qualified to sponsor one of them, because each case is separate and processed independently. This is why I asked is it cheating or the government will know about other pending cases🤔

Edited by jasonlzak

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37 minutes ago, jasonlzak said:
1 minute ago, jasonlzak said:

I want to thank you both for answering my question. But I'm afraid it was not what I meant. Maybe my question was not clear enough, what I want to ask is, when at NVC stage, they look at your case, it shows you are sponsoring one person and you are just qualified for it, for example my mother case. But my father and sibling case are separate, so the household size is still 2 people which includes myself and the intending immigrant (because the number won't count until the immigrant come and live in the US). What I mean is the pending case,  I can just  sponsor all of them as the matter of fact my income is just qualified to sponsor one of them, because each case is separate and processed independently. 🤔

 

No.  Like Geowrian said, they look at the totality of the situation vis a vis the public charge issue.  Petitions are separate, but in terms of US immigration, they definitely take into consideration how many immigrants a person is attempting to sponsor. 

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1 minute ago, jasonlzak said:

I want to thank you both for answering my question. But I'm afraid it was not what I meant. Maybe my question was not clear enough, what I want to ask is, when at NVC stage, they look at your case, it shows you are sponsoring one person and you are just qualified for it, for example my mother case. But my father and sibling case are separate, so the household size is still 2 people which includes myself and the intending immigrant (because the number won't count until the immigrant come and live in the US). What I mean is the pending case,  I can just  sponsor all of them as the matter of fact my income is just qualified to sponsor one of them, because each case is separate and processed independently. 🤔

It may pass through NVC fine meeting the minimums for the lower household size.

It would still be considered with the CO before they issue the visa. NVC only does a precursory review of the I-864 - the CO actually makes the decision.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Just now, Jorgedig said:

I can just  sponsor all of them as the matter of fact my income is just qualified to sponsor one of them, because each case is separate and processed independently. 🤔

No.  It does not work that way.  With the subsequent ones, you will already be sponsoring one or more, so when crunching the numbers, it does not work.

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1 minute ago, jasonlzak said:

I want to thank you both for answering my question. But I'm afraid it was not what I meant. Maybe my question was not clear enough, what I want to ask is, when at NVC stage, they look at your case, it shows you are sponsoring one person and you are just qualified for it, for example my mother case. But my father and sibling case are separate, so the household size is still 2 people which includes myself and the intending immigrant (because the number won't count until the immigrant come and live in the US). What I mean is the pending case,  I can just  sponsor all of them as the matter of fact my income is just qualified to sponsor one of them, because each case is separate and processed independently. 🤔

But the affidavit is in the aggregate,  so you need to add any previous sponsorships to the household size calculation .  So house size is two for the first immigrant,  then three for the next,  four on the next, so on and so forth


YMMV

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Posted (edited)

I found this site https://cliniclegal.org/resources/five-most-common-mistakes-completing-i-864   and I will quote a part of it.

 

"For example, if I am a U.S. citizen over 21 and I petitioned for both my parents, I only have to count the intending immigrant on whose behalf I am filing the I-864. So when completing the I-864 for my mother, my household size is two (assuming I am single and have no children).  And when completing the I-864 for my father, who is immigrating with my mother, my household size is still two". 

 

It's pretty much the same as stated in the instruction of the I-864(A). Meaning you won't count any pending immigrant case until they actually become LPR and listed in your federal tax. This is confused, and somehow I think it's cheating if it works that way. Anyways, thanks for both of your time.

Edited by jasonlzak

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Longer answer: USCIS is not as dumb as you seem to think. They have, and cross-reference, all the petitions you initiate, even long before anyone gets to interview.  They will see you have 3 petitions each claiming a total household size of two, and they know how to add.

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1 hour ago, jasonlzak said:

I found this site https://cliniclegal.org/resources/five-most-common-mistakes-completing-i-864   and I will quote a part of it.

 

"For example, if I am a U.S. citizen over 21 and I petitioned for both my parents, I only have to count the intending immigrant on whose behalf I am filing the I-864. So when completing the I-864 for my mother, my household size is two (assuming I am single and have no children).  And when completing the I-864 for my father, who is immigrating with my mother, my household size is still two". 

 

It's pretty much the same as stated in the instruction of the I-864(A). Meaning you won't count any pending immigrant case until they actually become LPR and listed in your federal tax. This is confused, and somehow I think it's cheating if it works that way. Anyways, thanks for both of your time.

This is how you fill in the I864 for separate petitions yes. As said , the Consulate will make the final judgement. We came on IR 5 visas 3 years ago.  My son has a household of 6 so on each I864 he had to meet 125% of the poverty line for 7 people. He met this yes .. but not the line for 8...  we had no problems with his sponsorship at interview , but we had previous work history in the US ( we had 36 quarters of SS already , so obviously it was very likely we would be able to get 4 more), we were still pre retirement age, and declared our own assets (retirement savings). I think that, had we  not had these factors in our favour, we would have been required to have joint sponsorship. In fact, NVC gave us an RFE for joint sponsor , but the consulate determined it was not necessary. We were interviewed together even though we had separate applications. 

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Posted (edited)

As noted above, the correct I-864s will each include only the one beneficiary in the household number.

It is possible that only 1 parent is actually issued the visa, so it doesn't make sense to count both at that time.

 

But also as noted, the CO will see what is going on (it's not uncommon by any means) and will take that into account when determining if there is a public charge issue.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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On 7/31/2019 at 8:47 PM, jasonlzak said:

Hi everyone,

 

I'm single and have no child, no dependents, no nothing, so my household size is 1. My current income just say for example $22k ( > 2 Household size) so I'm qualified to sponsor 1 person without getting aid from other sources. Now I've read that the household size does not add up until that immigrant become actual a LPR. Now If I can file one petition for my father, one for my mother, one for my sibling at the same time,.. Is it possible, is it considered as cheating or NVC will know it,  how does it work? Thanks.

Not a good idea

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Posted (edited)

Plus, the timelines for paren't vs siblings will mean that both parents will have already immigrated and be counted as family members long before you would need to provide the I-864 for when your sibling immigrates.

Edited by jan22

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