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Help! Using a household members income to support I-864?

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  • Help! Using a household members income to support I-864?

    Hey guys,

    I came to the US on a K1 visa, myself and my wife recently got married and I filed my adjustment of status package. I received a date for my biometrics appointment, however I also received a request for evidence based on our I-864 affidavit of support. I made an oversight on the form and did not realize my wife's income does not meet the 125% requirement to be a sole sponsor for me. Our household consists of me (immigrant being sponsored), my wife, my wife's mother and partner, and her partner's son. I wish to use her mother's partner and/or his son to support the affidavit and push it over the limit so my wife can sponsor me (her mother is currently out of work). My question is, what do I tick for the household members relationship to the sponsor on the I-864A? Since they are not a parent/brother or dependent. Does a household member have to be a blood relative to support the affidavit?

    Thanks for any help you can give me!

  • #2
    No. Anyone willing to sign that they will be financially liable for you can sponsor you. It doesn?t have to be family or the same household.
    Adjustment of Status c(9) 400 days
    Married: 8/18/17
    Package Sent: 10/16/17 ~~ Received (PD): 10/19/17
    I-485 Status - "Biometrics Fee Received": 10/28/17
    Biometric Appointment (11/16/17) Received: 11/3/17 Done: 11/9/17
    EAD/AP Approved: 1/4/18 (Day 77) Notices & Card Received: 1/11/18
    EAD/AP Renewal Received: 10/4/18
    Interview Notice & EAD/AP Renewal Receipts Received: 10/9/18 (Day 355)
    Interview date: 11/13/18 ~ New Card Being Produced (Day 390)
    Card in hand! 11/23/18 (Day 400)

    Comment


    • #3
      Originally posted by SRBuck View Post
      Hey guys,

      I came to the US on a K1 visa, myself and my wife recently got married and I filed my adjustment of status package. I received a date for my biometrics appointment, however I also received a request for evidence based on our I-864 affidavit of support. I made an oversight on the form and did not realize my wife's income does not meet the 125% requirement to be a sole sponsor for me. Our household consists of me (immigrant being sponsored), my wife, my wife's mother and partner, and her partner's son. I wish to use her mother's partner and/or his son to support the affidavit and push it over the limit so my wife can sponsor me (her mother is currently out of work). My question is, what do I tick for the household members relationship to the sponsor on the I-864A? Since they are not a parent/brother or dependent. Does a household member have to be a blood relative to support the affidavit?

      Thanks for any help you can give me!
      How are your wife's mother, mother's partner, and mother's partner's son counted in your wife's household in Part 5? They should only be counted if they are your wife's tax dependents, permanent residents for whom she previously filled out I-864, or they are her parent, sibling, or child living in the same household and she is counting their income.

      Originally posted by miiki View Post
      No. Anyone willing to sign that they will be financially liable for you can sponsor you. It doesn?t have to be family or the same household.
      You are thinking of a "joint sponsor", which is different from a "household member". It is true that anyone (who is a US citizen or permanent resident domiciled in the US) can be a joint sponsor, but joint sponsors work differently from household members, e.g. a joint sponsor must have enough income in their own household, not combined with the petitioner's household.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by SRBuck View Post
        Hey guys,

        I came to the US on a K1 visa, myself and my wife recently got married and I filed my adjustment of status package. I received a date for my biometrics appointment, however I also received a request for evidence based on our I-864 affidavit of support. I made an oversight on the form and did not realize my wife's income does not meet the 125% requirement to be a sole sponsor for me. Our household consists of me (immigrant being sponsored), my wife, my wife's mother and partner, and her partner's son. I wish to use her mother's partner and/or his son to support the affidavit and push it over the limit so my wife can sponsor me (her mother is currently out of work). My question is, what do I tick for the household members relationship to the sponsor on the I-864A? Since they are not a parent/brother or dependent. Does a household member have to be a blood relative to support the affidavit?

        Thanks for any help you can give me!
        Your household size is 2; i.e., your wife and you. If another 20 people live there, that does not matter. They're not part of your household. Just correct the I-864 and send it again. I would include a brief explanation stating that the correct household size is 2. Your wife and you. Therefore, her income meets the 125% federal poverty guideline.

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