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Maranda

Please Help - 221(g) Household Size, What's Correct?

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Hey all, I'd really appreciate some quick advice on how to answer this for the 221(g) as I thought for sure we had done it correctly. Here's the situation:

 

- My husband Arnold (naturalized citizen) is petitioning his father "Pa" (Netherlands).

 

- Arnold and I (no kids, no dependents) live in the same house as my parents. While we technically live at the same physical address (a house that's set up more like a duplex, where the only thing we share is a kitchen), Arnold and I are our own tax household. We do not mingle finances with my parents. My mother is employed, my father is disabled, and they are their own separate tax household. We do not claim them as dependents, etc. No financial responsibility or ties with them whatsoever; they are non-dependent relatives.

 

- Following the instructions of I-864, we listed Arnold as the main sponsor, I filed the Household Member contract I-864A, and our income was above the 125% poverty, no need for a joint sponsor. We filed our HOUSEHOLD SIZE AS 3 - Arnold, Me, Pa.

 

- Pa had his interview on July 30th. Received 221(g) regarding Affidavit Of Support. Pa reported they asked for AOS documents to be sent via email (that's what the 221(g) states as well, no further details). This made no sense as NVC had already accepted our AOS, and he had copies with him at the interview (apparently they didn't ask to see them).

 

- Confused, we went ahead and emailed all AOS documents to Amsterdam Consulate on August 5th.

 

- Today we received email reply: "...father was requested to provide a joint sponsor as the income of the sponsor and also the I-864 household member contract/income does not meet the threshold for a household size of 5 (as your father told the officer during the interview that you and your spouse and her parents live in the same household, which including your father makes 5 persons). You will therefore need to provide a joint sponsor."

 

So that's where we are, and I'm looking for advice on how to answer this.

 

I'm really confused and frustrated because everything I read, including their own instructions, indicates that our "household size" would be 3, and that including my parents is optional and suggested ONLY if necessary to meet the income requirement. And while I know my parents would be happy to do so if asked, I would prefer to keep them out of it. They joint sponsored Arnold when he immigrated, and I don't want to have to ask them to do that again, especially since it's not even necessary according to the income requirements based on our ACTUAL household size of 3.

 

I hope this makes sense. Sorry for such a long message, but thank you for reading. Thanks in advance for any tips or suggestions on how to answer the email and get past this snag.


AOS from Marriage on B2 ~ Full & Detailed Timeline in My Profile

  • Married in Las Vegas - 5.11.11
  • Greencard received - 11.18.11
  • Removing of Conditions - package mailed 10.9.13
  • Greencard received - 1.23.14
  • Naturalization - package mailed 4.26.16
  • Oath ceremony - 3.28.17
  • Petition Alien Relative (Father Abroad) - package mailed 7.14.17
  • Check cashed - 7.21.17
  • NOA1 (I-797C receipt dated 7.18) received - 7.27.17
  • NOA2 (approval, dated 1.31) received - 2.5.18

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Posted (edited)
14 minutes ago, Maranda said:

Hey all, I'd really appreciate some quick advice on how to answer this for the 221(g) as I thought for sure we had done it correctly. Here's the situation:

 

- My husband Arnold (naturalized citizen) is petitioning his father "Pa" (Netherlands).

 

- Arnold and I (no kids, no dependents) live in the same house as my parents. While we technically live at the same physical address (a house that's set up more like a duplex, where the only thing we share is a kitchen), Arnold and I are our own tax household. We do not mingle finances with my parents. My mother is employed, my father is disabled, and they are their own separate tax household. We do not claim them as dependents, etc. No financial responsibility or ties with them whatsoever; they are non-dependent relatives.

 

- Following the instructions of I-864, we listed Arnold as the main sponsor, I filed the Household Member contract I-864A, and our income was above the 125% poverty, no need for a joint sponsor. We filed our HOUSEHOLD SIZE AS 3 - Arnold, Me, Pa.

 

- Pa had his interview on July 30th. Received 221(g) regarding Affidavit Of Support. Pa reported they asked for AOS documents to be sent via email (that's what the 221(g) states as well, no further details). This made no sense as NVC had already accepted our AOS, and he had copies with him at the interview (apparently they didn't ask to see them).

 

- Confused, we went ahead and emailed all AOS documents to Amsterdam Consulate on August 5th.

 

- Today we received email reply: "...father was requested to provide a joint sponsor as the income of the sponsor and also the I-864 household member contract/income does not meet the threshold for a household size of 5 (as your father told the officer during the interview that you and your spouse and her parents live in the same household, which including your father makes 5 persons). You will therefore need to provide a joint sponsor."

 

So that's where we are, and I'm looking for advice on how to answer this.

 

I'm really confused and frustrated because everything I read, including their own instructions, indicates that our "household size" would be 3, and that including my parents is optional and suggested ONLY if necessary to meet the income requirement. And while I know my parents would be happy to do so if asked, I would prefer to keep them out of it. They joint sponsored Arnold when he immigrated, and I don't want to have to ask them to do that again, especially since it's not even necessary according to the income requirements based on our ACTUAL household size of 3.

 

I hope this makes sense. Sorry for such a long message, but thank you for reading. Thanks in advance for any tips or suggestions on how to answer the email and get past this snag.

your husband father likely told the CO that you live in the same house with your parents, I would respond and have your parents present a letter to the fact that they are not dependents and are not living in the same house per say, and that both households operate independently.

Edited by Khallaf

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3 minutes ago, Khallaf said:

your husband father likely told the CO that you live in the same house with your parents, I would respond and have your parents present a letter to the fact that they are not dependents and are not living in the same house per say, and that both households operate independently.

Thank you! That makes sense, and is a great idea to start.

 

We certainly didn't want to sound argumentative in our reply to the consulate (I respect that they're just trying to do their job).

 

Yes, if Pa was asked about who lives at the residence, he was totally truthful in telling them that my parents also live here. We physically live at the same address, but we do not financially live in the same household, if that makes sense. (While Pa is decent with understanding English, I'm sure he would not have been able to properly explain that in his own words.)

 

I'll have my mother write something to that extent and try that first. Hopefully that clears it up and we can move forward. I'll update here.

 

THANKS FOR YOUR ADVICE!


AOS from Marriage on B2 ~ Full & Detailed Timeline in My Profile

  • Married in Las Vegas - 5.11.11
  • Greencard received - 11.18.11
  • Removing of Conditions - package mailed 10.9.13
  • Greencard received - 1.23.14
  • Naturalization - package mailed 4.26.16
  • Oath ceremony - 3.28.17
  • Petition Alien Relative (Father Abroad) - package mailed 7.14.17
  • Check cashed - 7.21.17
  • NOA1 (I-797C receipt dated 7.18) received - 7.27.17
  • NOA2 (approval, dated 1.31) received - 2.5.18

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2 minutes ago, Maranda said:

Thank you! That makes sense, and is a great idea to start.

 

We certainly didn't want to sound argumentative in our reply to the consulate (I respect that they're just trying to do their job).

 

Yes, if Pa was asked about who lives at the residence, he was totally truthful in telling them that my parents also live here. We physically live at the same address, but we do not financially live in the same household, if that makes sense. (While Pa is decent with understanding English, I'm sure he would not have been able to properly explain that in his own words.)

 

I'll have my mother write something to that extent and try that first. Hopefully that clears it up and we can move forward. I'll update here.

 

THANKS FOR YOUR ADVICE!

I wish you good luck, too bad there isn't a half address if that makes sense like you and your husband in one half and your parents in another. 

 

my guess is the mail isn't set up like that and I am not sure if it could or how to go about doing it, that way it will appear as if there are two different address in the same physical building.

 

when I lived in Indiana, I rented a house while the detached garage was made into another home same land but we had an address of 1145 1/2 walnut street while the other had 1145 walnut.

 

hope that makes sense also

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Just now, Khallaf said:

I wish you good luck, too bad there isn't a half address if that makes sense like you and your husband in one half and your parents in another. 

 

my guess is the mail isn't set up like that and I am not sure if it could or how to go about doing it, that way it will appear as if there are two different address in the same physical building.

 

when I lived in Indiana, I rented a house while the detached garage was made into another home same land but we had an address of 1145 1/2 walnut street while the other had 1145 walnut.

 

hope that makes sense also

We should have looked into that before we started! We do have separate "front doors" even, it might be possible. :-)


AOS from Marriage on B2 ~ Full & Detailed Timeline in My Profile

  • Married in Las Vegas - 5.11.11
  • Greencard received - 11.18.11
  • Removing of Conditions - package mailed 10.9.13
  • Greencard received - 1.23.14
  • Naturalization - package mailed 4.26.16
  • Oath ceremony - 3.28.17
  • Petition Alien Relative (Father Abroad) - package mailed 7.14.17
  • Check cashed - 7.21.17
  • NOA1 (I-797C receipt dated 7.18) received - 7.27.17
  • NOA2 (approval, dated 1.31) received - 2.5.18

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1 minute ago, Maranda said:

We should have looked into that before we started! We do have separate "front doors" even, it might be possible. :-)

seek out advise from the post office they might be able to tell you where to start to look into it.

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I just wanted to follow-up on this topic in case anyone else finds themselves in a similar situation...

 

Thanks to the great advice here, everything was successful. My mother wrote a letter explaining our living / household situation (separate financial households, etc.). Both she and my father signed it, included their social security numbers and a copy of both driver's licenses. We emailed it as a .PDF, and a week later received a reply that it was satisfactory, and to please mail his passport. 221g case closed, whew! :)

 

His visa was issued on the 4th, and he received his passport back today, ready to go!

 

Thank you so much for your help! @Khallaf


AOS from Marriage on B2 ~ Full & Detailed Timeline in My Profile

  • Married in Las Vegas - 5.11.11
  • Greencard received - 11.18.11
  • Removing of Conditions - package mailed 10.9.13
  • Greencard received - 1.23.14
  • Naturalization - package mailed 4.26.16
  • Oath ceremony - 3.28.17
  • Petition Alien Relative (Father Abroad) - package mailed 7.14.17
  • Check cashed - 7.21.17
  • NOA1 (I-797C receipt dated 7.18) received - 7.27.17
  • NOA2 (approval, dated 1.31) received - 2.5.18

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Interview August 27th approved. Aug 28 issued both of us (my spouse and myself) then sept 4th changed to administrative processing (spouse). Mine is still issued

Today spouse still administrative processing but we got 2 emails with the same tracking number which not scanned in system for courier yet till next 1-2 business days( passports returned)Does it sound visa applications denial? Mine is still issued today. Please help

Update: Will get passports on way delivery ready next Monday September 9th..  Ceac status still showed administrative processing (spouse). Mine issued.  We are so anxious to find out when parcel arrives on Monday. Still am on stomach butterflies. What you think??(my brother - petitioner F4 category)

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On 9/6/2019 at 8:21 PM, Maranda said:

 

I just wanted to follow-up on this topic in case anyone else finds themselves in a similar situation...

 

Thanks to the great advice here, everything was successful. My mother wrote a letter explaining our living / household situation (separate financial households, etc.). Both she and my father signed it, included their social security numbers and a copy of both driver's licenses. We emailed it as a .PDF, and a week later received a reply that it was satisfactory, and to please mail his passport. 221g case closed, whew! :)

 

His visa was issued on the 4th, and he received his passport back today, ready to go!

 

Thank you so much for your help! @Khallaf

I am so happy for you that it worked out, and he got his visa to arrive, I wish you all the best and have a happy life.

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On 9/6/2019 at 11:01 PM, Crazybell said:

Interview August 27th approved. Aug 28 issued both of us (my spouse and myself) then sept 4th changed to administrative processing (spouse). Mine is still issued

Today spouse still administrative processing but we got 2 emails with the same tracking number which not scanned in system for courier yet till next 1-2 business days( passports returned)Does it sound visa applications denial? Mine is still issued today. Please help

Update: Will get passports on way delivery ready next Monday September 9th..  Ceac status still showed administrative processing (spouse). Mine issued.  We are so anxious to find out when parcel arrives on Monday. Still am on stomach butterflies. What you think??(my brother - petitioner F4 category)

I hope that you are both going to get your visa, but it sounds as if his might still be in process, and they might be sending his back with out a visa, I hope the best for you both.

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