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Posted

I recently got my I-130 approved and now my wife and I are trying to fill out I-864 and I-864A with the help of my mother in law who's a US citizen. 

What I've learned recently is that, in order to have a household member submit I-864A, the applicant and the household member have to live in the same place at the time of submitting the form.

 

My wife had always been her mother's dependent until we moved overseas at the end of 2018 for my college and because she wasn't in college last year and didn't live with her, she isn't claimed as a dependent for 2019's tax return and therefore the only way we know to get her mother's help is to stay in the US with her but the thing is we were going to go back to my home country where I will be having an interview for my CR-1 visa. Her mother can't be a joint sponsor either since she makes less than the required amount.  

 

My questions are: 

 

1. What is the definition of Principal Residence in the eyes of NVC

 

2. Does the applicant, my wife, have to live with the household member, my mother in law, throughout the visa process? Or until the affidavit of support is accepted? 

 

3.  How long can she be away from the principal residence in the calendar year? 

 

I can't seem to find the answers to my questions anywhere so if any of you can help me with these, I would really  appreciate your help. 

 

Thank you.

 

 

 

Filed: Other Country: China
Timeline
Posted

Just have her mother be the joint sponsor, instead of a household member.  No I-864a.  Just one I-864 from your wife and one from her joint sponsor mother.  If mother is married, I-864a from her spouse.

Facts are cheap...knowing how to use them is precious...
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Posted (edited)
16 minutes ago, pushbrk said:

Just have her mother be the joint sponsor, instead of a household member.  No I-864a.  Just one I-864 from your wife and one from her joint sponsor mother.  If mother is married, I-864a from her spouse.

I wish her mother could be the joint sponsor. But unfortunately what she makes alone doesn’t meet the financial requirements so we need to combine hers and my wife’s all together. Do you, by any chance, know if travelling for more than half a year away from home means her mother is not a household member? They have the same address on their driver’s licenses, birth certificates and other documents.

Edited by kJay
Filed: Other Country: China
Timeline
Posted
6 minutes ago, kJay said:

I wish her mother could be the joint sponsor. But unfortunately what she makes alone doesn’t meet the financial requirements so we need to combine hers and my wife’s all together. Do you, by any chance, know if travelling for more than half a year away from home means her mother is not a household member? They have the same address on their driver’s licenses, birth certificates and other documents.

If your wife has current qualifying US income to combine with her mother, and currently lives at the same address as her mother, then your plan will work using I-864 for wife and "a" for mother as household member.  I take it wife and mother are the only two in the house, so household of 3 including you, the intending immigrant?

 

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

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A Warning to Green Card Holders About Voting

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Posted
1 minute ago, pushbrk said:

If your wife has current qualifying US income to combine with her mother, and currently lives at the same address as her mother, then your plan will work using I-864 for wife and "a" for mother as household member.  I take it wife and mother are the only two in the house, so household of 3 including you, the intending immigrant?

 

That’s correct. She doesn’t have any income and has never worked full-time in the US but she and I both have savings to combine with her mother’s income. As far as I know the primary sponsor is required to fill out I-864 regardless of their employment status or do you suggest she must have a job in America? 

Filed: Other Country: China
Timeline
Posted
20 minutes ago, kJay said:

That’s correct. She doesn’t have any income and has never worked full-time in the US but she and I both have savings to combine with her mother’s income. As far as I know the primary sponsor is required to fill out I-864 regardless of their employment status or do you suggest she must have a job in America? 

That's the first time you mentioned assets.  Now your situation is more clear.  Plan still works as long as your wife's liquid assets are more than three times her mother's income shortfall.  However, although not meeting the minimum assures failure, just meeting the minimum is no assurance of success. What's the chance of finding a joint sponsor who actually qualifies?

 

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

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Posted
14 hours ago, pushbrk said:

That's the first time you mentioned assets.  Now your situation is more clear.  Plan still works as long as your wife's liquid assets are more than three times her mother's income shortfall.  However, although not meeting the minimum assures failure, just meeting the minimum is no assurance of success. What's the chance of finding a joint sponsor who actually qualifies?

 

The chance is really low, almost non-existent, since none of us have close enough relationships with someone in the US who is willing to do us such a huge favor. 

 

I’m thinking of having some financial help from my parents but the question is, does NVC request for proof for savings as well? If so, what kind of proof?

Filed: Citizen (apr) Country: Brazil
Timeline
Posted (edited)
30 minutes ago, kJay said:

does NVC request for proof for savings as well? If so, what kind of proof?

Instructions for I-864 Part 7 state that for assets to be used:  "Supporting evidence must be attached..."  For savings or checking accounts, that would typically be detailed bank statements showing amounts deposited over time.  We have seen examples here on VJ where applicants had problems using cash assets on a I-864 if a deposit was large and recent--IOs get suspicious of these situations because people try to get money in their account from family members or even take out a temporary loan, then return it to the family member or pay off the loan after getting visa approval--so using cash as an asset usually works best if bank statements from the last 6+ months are included as evidence to show the money is not temporary.  Good luck!

Edited by carmel34
Filed: Other Country: China
Timeline
Posted
7 hours ago, carmel34 said:

Instructions for I-864 Part 7 state that for assets to be used:  "Supporting evidence must be attached..."  For savings or checking accounts, that would typically be detailed bank statements showing amounts deposited over time.  We have seen examples here on VJ where applicants had problems using cash assets on a I-864 if a deposit was large and recent--IOs get suspicious of these situations because people try to get money in their account from family members or even take out a temporary loan, then return it to the family member or pay off the loan after getting visa approval--so using cash as an asset usually works best if bank statements from the last 6+ months are included as evidence to show the money is not temporary.  Good luck!

Yes, the above is correct, but also correct that when income is clearly sufficient, you can just skip the asset section of the form.  If you want to use assets to make your case look better, make sure to document them.  For cash savings, several months of statements.

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

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A Warning to Green Card Holders About Voting

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Posted
16 hours ago, pushbrk said:

Yes, the above is correct, but also correct that when income is clearly sufficient, you can just skip the asset section of the form.  If you want to use assets to make your case look better, make sure to document them.  For cash savings, several months of statements.


I think I might be able to find a joint sponsor. If the joint sponsor has a household of 5, does that mean they only need to prove their income is 125% of the poverty line for a household of 5? Or a household of 7 since they are sponsoring the intending immigrant and the applicant? 

Filed: Other Country: China
Timeline
Posted
5 hours ago, kJay said:


I think I might be able to find a joint sponsor. If the joint sponsor has a household of 5, does that mean they only need to prove their income is 125% of the poverty line for a household of 5? Or a household of 7 since they are sponsoring the intending immigrant and the applicant? 

The intending immigrant IS the "applicant".  The US Citizen does not need to be sponsored.  What you describe is a household of 6.  Five plus you.

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: Lift. Cond. (apr) Country: China
Timeline
Posted

~~Hijack post and reply to said post removed.~~

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

 
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