I-864 Gross income, overtime, no rent, etc

[jolene1711]

Hello,

I am having problems with the I-864. My husband is my sponsor. We are actually a 2 householdsize and we live in his house - so we don't pay rent or mortgage. The 125 % income would not be an issue at all.. if...

there wouldn't be his 2 kids, that don't live with him. He doesn't officially pay for them, but his ex and he have an agreement, and he only pays $ 400 a month for both. I understand, that she should change her mind everytime and therefore the USCIS doesn't care how much he actually pays right now, do I understand this correctly?

The kids are not claimed as dependents on his tax return.

His annual gross income is $ 28.600 and the 125 % guideline is $ 30.312. So it is really not a huge difference.

He had tons of overtime hours this year (esp. February 2015 - June 2015) - does this make any difference)?? I guess not, since this is not predictable and subject to change, right?

Is there a chance to fill out somewhere, that we don't pay rent and therefore it would be ok, to miss the 125 % by $ 1.712 ? Or is there a chance to provide proof, that he only pays the $ 400 for the kids and not more? Or that we don't have car payments because they are paid off?

Thank you very much for your help,

Katharina

[samlynn]

Income

Since the kids don't live with you then the income requirement is for you and your husband. The income requirement for two people is less than $20k and he makes more than that so you should be fine. You need to verify what is required for you to include on the form under household size. Since the kids don't live with you then do you need to include them under household size? check that first.

[jolene1711]

Since the kids don't live with you then the income requirement is for you and your husband. The income requirement for two people is less than $20k and he makes more than that so you should be fine. You need to verify what is required for you to include on the form under household size. Since the kids don't live with you then do you need to include them under household size? check that first.

Thanks for your answer. That would be great, but the USCIS is writing the following:

Household size

"Item Number 4. Enter the number of unmarried children you have who are under 21 years of age, even if you do not
have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children
have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal
income tax returns."

"How Do I Count Household Size?
Your household size includes yourself and the following individuals, no matter where they live: any spouse, any
dependent children under 21 years of age, any other dependents listed on your most recent Federal income tax return, all
persons being sponsored in this affidavit of support, and any immigrants previously sponsored with Form I-864 or Form
I-864 EZ, Affidavit of Support Under Section 213A of the INA, whom you are still obligated to support. 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 immigrant(s)."

What I still don't understand - what if they don't live there and there are not dependents on the tax return?? CONFUSING...