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I-864 vs I-864A for Adult Child

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  • I-864 vs I-864A for Adult Child

    My spouse and I have an adult child who lives with us in the same house. My spouse and I file taxes jointly. My adult child files taxes as a single person and is not a dependent on our tax return. Income from my spouse and I is not sufficient to sponsor the intending immigrants.

    My question is: Should my adult child file I-864A as a co-sponsor, meaning I will include my adult child in part of my household when I fill out my own I-864, which would increase the minimum income requirements? Or should my adult child file another I-864 as a joint sponsor?

    I am confused because my adult child is not a dependent but still does live in the same house as us on a separate floor. Could my adult child do either? Are there any disadvantages or advantages for my adult child to do I-864 vs I-864A?

    Thank you.
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  • #2
    They can do either. If they count as your household member, that will increase your household size by 1 (because by default a non-dependent adult child is not counted, but they can optionally choose to be counted), which will increase the requirement, but they can combine incomes with you to form your household income. If they act as a joint sponsor, they they can only count income from their own household, not from you since you are not part of his household. Their own household's size would presumably be just 2 (the joint sponsor, and the immigrant).

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

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    • #3
      Originally posted by newacct View Post
      They can do either. If they count as your household member, that will increase your household size by 1 (because by default a non-dependent adult child is not counted, but they can optionally choose to be counted), which will increase the requirement, but they can combine incomes with you to form your household income. If they act as a joint sponsor, they they can only count income from their own household, not from you since you are not part of his household. Their own household's size would presumably be just 2 (the joint sponsor, and the immigrant).
      Thanks for the response. I know that if my adult child does I-864A, they need to provide proof of relationship of and residence with me. Only the spouse does not need to provide such proof according to the instructions. Is that also required for I-864 (couldn't find information on that)?

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      • #4
        I have decided to include my adult child in I-864, so this has increased my household size by 1. In the I-864, for Part 7. Use of Assets to Supplement Income: there is only one section for "Assets from Form I-864A, Part 4, Item Number 3.d., for:". This means I can only write down one household member's assets. My adult child has the larger asset than my spouse. So should I write down my adult child's information in this section or my spouse's?

        Also, my spouse and I have a joint account so we halved the assets in the joint account for each of us. However, in the total assets section in I-867, (assuming I write in myself and my adult child) do I add up my half of the assets in the joint account with the adult child's assets? That means I cannot include the other half of the joint account from my spouse in the total since I couldn't include my spouse's assets that I mentioned previously?
        Last edited by lob; 05-15-2017, 05:48 PM.

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        • #5
          Originally posted by lob View Post
          I have decided to include my adult child in I-864, so this has increased my household size by 1. In the I-864, for Part 7. Use of Assets to Supplement Income: there is only one section for "Assets from Form I-864A, Part 4, Item Number 3.d., for:". This means I can only write down one household member's assets. My adult child has the larger asset than my spouse. So should I write down my adult child's information in this section or my spouse's?

          Also, my spouse and I have a joint account so we halved the assets in the joint account for each of us. However, in the total assets section in I-867, (assuming I write in myself and my adult child) do I add up my half of the assets in the joint account with the adult child's assets? That means I cannot include the other half of the joint account from my spouse in the total since I couldn't include my spouse's assets that I mentioned previously?
          I have another question: if my spouse and I are on one of the federal means-tested public benefits, and I have decided to include my adult child in my household size for I-867, will my eligibility be affected for the benefit? I understand the purpose of I-867 is to ensure that the intending immigrant will not be a public charge. But I want to just make sure whether it will affect me and my spouse? I don't think it should but just asking.

          If someone can answer me questions from above in the quote and the recent one in this post. Thanks.

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