i864 minimal requirement? Need a Joint Sponsor?

[lavenderyu 7]

Hi all, this is first time posting my concerns in the forum. I have been using VisaJourney to look for my answers for many years and I have always found what I need. But this time I really need you guys to help a little. Any suggestion is greatly appreciated. thank you so much!

 

I am a petitioner (US citizen) who is trying to fill out the i864 (the affidavit of support) for immigrating my spouse to the US. We do not have any children and here is my financial picture:

1. I am a graduating Ph.D. student studying abroad (not in the US) and my stipend is about $40,000 (US dollar) per year. For the past three years of studying, I have been filing US taxes via foreign income exclusion. So the total income in the tax return is $0. Since the stipend would stop once I graduate and move back to the US, my current income would be $0 as well. I don't have any job offer at this point.
2. I own a free and clear property (my principal address) in the US with a net worth of about ~$400,000 with my parents living in it. 
3. I also have a saving account of around $70,000.
4. My father who has lived in our home is making $30,000 per year. My mother and father are filed married jointly and do not have any other dependents. 
5.  

I am going to use my assets of the property and the savings and also combine my father as a household member to meet the minimal requirement. Does this sound like a very naive affidavit of support for the USCIS? I am trying to do this all on our own without finding a joint sponsor. Please advice. Any suggestion is appreciated. thank you so much!!!

[SteveInBostonI130 3,319]

You cannot use your father as a household member.  For the I-864, a household member is in terms of taxes - spouses and dependents on your tax return that will combine their income to yours.  It is not someone who physically resides with you.

 

Your father can be a joint sponsor, with a household size of 3 - him, his wife and your spouse.  But $30k is low - it technically meets the minimum amount needed , but the ultimate decision is made by the CO.

 

For assets, they are looking for thing that can be liquidated quickly and will not cause undue hardship when liquidated.  A primary residence that is also used to house relatives might not meet this requirement.

 

Your $70k bank account can be used as an asset, and probably meets the 3x requirement.  But, again, the final decision will be made by the CO.

[lavenderyu 7]

3 minutes ago, SteveInBostonI130 said:

You cannot use your father as a household member.  For the I-864, a household member is in terms of taxes - spouses and dependents on your tax return that will combine their income to yours.  It is not someone who physically resides with you.

 

Your father can be a joint sponsor, with a household size of 3 - him, his wife and your spouse.  But $30k is low - it technically meets the minimum amount needed , but the ultimate decision is made by the CO.

 

For assets, they are looking for thing that can be liquidated quickly and will not cause undue hardship when liquidated.  A primary residence that is also used to house relatives might not meet this requirement.

 

Your $70k bank account can be used as an asset, and probably meets the 3x requirement.  But, again, the final decision will be made by the CO.

Thank you for your response! About the household member, correct me if I am wrong, I found this instruction under the i864, 

 

"If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principal residence as you and promise to use their income and resources in support of the intending immigrants." 

 

That is why I was thinking about adding him into the household size.

[SalishSea 16,810]

39 minutes ago, lavenderyu said:

Thank you for your response! About the household member, correct me if I am wrong, I found this instruction under the i864, 

 

"If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principal residence as you and promise to use their income and resources in support of the intending immigrants." 

 

That is why I was thinking about adding him into the household size.

He resides in your property.  How does that make him part of your household?

 

You can’t combine his income with yours.

 

He could be a joint sponsor with a separate I-864, and his wife’s income could be listed as his household member for income purposes, using an I-864A.

[SteveInBostonI130 3,319]

2 hours ago, lavenderyu said:

Thank you for your response! About the household member, correct me if I am wrong, I found this instruction under the i864, 

 

"If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principal residence as you and promise to use their income and resources in support of the intending immigrants." 

 

That is why I was thinking about adding him into the household size.

 

Yes, it does state that.  But I have not seen anyone successfully add a person as a household member (I-864A) without them also being on the same tax return as a spouse or dependent.

[pushbrk 12,139]

The issue is not whether the father can be considered a household member.  If the father and mother live in the same primary residence, as the petitioner claims as his residence, they definitely qualify as household member.  However, the petitioner would be DISADVANTAGED by doing so, as he has ZERO income to combine WITH his father AND the household size would increase 4 instead of three.  Better to use father as joint sponsor, but the income is marginal.  Best solutions in this case is to wait on the I-864 until the petitioner is back to the USA working or find a qualified joint sponsor.  Just meeting the minimum, is not assurance of success.

 

It might work to use assets including equity in the primary residence, but that primary residence will not be considered "liquid" under the liquidity definition in the I-864 instructions.