i-864 Help seriously needed!!!

[jchik]

I am so confused and can not figure out how to fill the form out the correct way.
Here is my situation:
I am the petitioner for my husband. We live with my mom and her 2 children (my sisters). My income is very low so I need her income to meet the 125% requirements. Would the requirements for the household be 5 (me, my husband, my mom & 2 sisters)? I am not filed on her taxes, so I am unsure if I am included as the household size. Her income goes over the requirements for 4 people, but not 5… also is she a household member or a joint sponsor- and does she submit another i-864 or just an i-864a?

My next issue- if the household size if 5, my income for 2014 added to hers is short by a few hundred dollars (I was traveling most of 2014). BUT my income for 2015 will be over the requirement, when added to my mom’s… the issue is that you can’t file taxes until the end of January and his k-1 visa expires February 9th; so is it bad to cut it that close to the visa expiration date, just so i can submit my 2015 tax return? Can I submit the papers with just my 2015 W-2? Any help would be great!

[samlynn]

The combined income would have to be enough for 5

Since your past income isn't enough when added to your moms you can send in current pay-stubs to show that now you make enough. You could also include a letter to explain.

[Chad H.]

Jchick:

First, I'm not so sure that you've got a family size of 5. Your household includes you (petitioner), your husband (sponsored immigrant), and your mom (if she signs I-864A). But not your 2 sisters unless you claimed them as dependents on your tax return, sponsored them in prior I-864s, or are asking them to sign I-864As).

Second, Samlynn is right to start by focusing on your CURRENT income not your income from LAST YEAR. The “minimum income requirement,” also known as the “income threshold,” looks at your current year's household income (and future years' household income). The current year’s household income must be at least 125% of the poverty guidelines for the household size. The current year’s household income refers to the “reasonably expected household income for the year.” The “current year” refers to the year that the sponsor signs or submits the affidavit of support; the rules are not clear. In estimating the current year’s income, the sponsor should take into account whether any employment is likely to continue through the end of the year; whether typical seasonal changes in work schedules and hours may impact the calculation; whether any end-of the-year bonus is likely; and whether their salary is likely to change.

Yes, the "total income" data from past tax returns needs to be submitted, but unless there's any concrete reason to believe your current income can't be sustained, then the government should decide that your likely future income will also meet the threshold.

[Trinity71]

i-864 Help seriously needed!!!

I am so confused and can not figure out how to fill the form out the correct way.
Here is my situation:
I am the petitioner for my husband. We live with my mom and her 2 children (my sisters). My income is very low so I need her income to meet the 125% requirements. Would the requirements for the household be 5 (me, my husband, my mom & 2 sisters)? I am not filed on her taxes, so I am unsure if I am included as the household size. Her income goes over the requirements for 4 people, but not 5… also is she a household member or a joint sponsor- and does she submit another i-864 or just an i-864a?

My next issue- if the household size if 5, my income for 2014 added to hers is short by a few hundred dollars (I was traveling most of 2014). BUT my income for 2015 will be over the requirement, when added to my mom’s… the issue is that you can’t file taxes until the end of January and his k-1 visa expires February 9th; so is it bad to cut it that close to the visa expiration date, just so i can submit my 2015 tax return? Can I submit the papers with just my 2015 W-2? Any help would be great!

Samlynn is correct. Your sisters would be included in your household size so that makes it 5. It's not about who is filed on whose tax return, it's how many people live in your house.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.