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Possibly silly question about household size on I-864
Hi all,
Bit of background, I am a UK citizen engaged to a US citizen and we are currently trying to figure out the best way to fill out the I-864 (note: we haven't yet filed for a K1 as we are trying to plan everything out as thoroughly as possible).
My situation: never married, no children, no dependents I am trying to take with me
Her situation: never married, 3 children (1 she has no legal custody over and a specific legal agreement that she is not required to pay child support, 2 she has full custody over after an amicable split where the father does not provide any direct child support to her). Her job pays $14/hour over 35 hours per week which takes her annual income to $25,480, falling short of the 125% requirement on the I-864. Her mother currently receives $2,000 per month following her retirement and this is a fixed income.
From my understanding as my partner lives with her parents her mother would be eligible (and is willing to) combine her income with her taking the household income to $49,580 per year, well above the minimum requirement. So looking at part 5 on the I-864 my partner would fill out as follows:
1. Persons you are sponsoring on this affidavit: 1
2. Yourself: 1
4. Dependent children: 2
7. If you have siblings, parents, or adult children with the same principle residence who are combining their income with yours: 1 (her mother)
TOTAL: 5
Now the bit that is confusing me is whether she would need to include the child over whom she has no legal custody and no requirement to pay child support to bearing in mind she does not seem to meet the criteria set out in the Immigration and Nationality Act:
" (D) a child born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother or to its natural father if the father has or had a bona fide parent-child relationship with the person; "
As she seeks neither status, privilege or benefit through her relationship to the child any longer (this is a longstanding, 5+ year arrangement in place before we met, it has not been done to make things easier for this application).
If anybody could clear this up I would be very grateful!
Bit of background, I am a UK citizen engaged to a US citizen and we are currently trying to figure out the best way to fill out the I-864 (note: we haven't yet filed for a K1 as we are trying to plan everything out as thoroughly as possible).
My situation: never married, no children, no dependents I am trying to take with me
Her situation: never married, 3 children (1 she has no legal custody over and a specific legal agreement that she is not required to pay child support, 2 she has full custody over after an amicable split where the father does not provide any direct child support to her). Her job pays $14/hour over 35 hours per week which takes her annual income to $25,480, falling short of the 125% requirement on the I-864. Her mother currently receives $2,000 per month following her retirement and this is a fixed income.
From my understanding as my partner lives with her parents her mother would be eligible (and is willing to) combine her income with her taking the household income to $49,580 per year, well above the minimum requirement. So looking at part 5 on the I-864 my partner would fill out as follows:
1. Persons you are sponsoring on this affidavit: 1
2. Yourself: 1
4. Dependent children: 2
7. If you have siblings, parents, or adult children with the same principle residence who are combining their income with yours: 1 (her mother)
TOTAL: 5
Now the bit that is confusing me is whether she would need to include the child over whom she has no legal custody and no requirement to pay child support to bearing in mind she does not seem to meet the criteria set out in the Immigration and Nationality Act:
" (D) a child born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother or to its natural father if the father has or had a bona fide parent-child relationship with the person; "
As she seeks neither status, privilege or benefit through her relationship to the child any longer (this is a longstanding, 5+ year arrangement in place before we met, it has not been done to make things easier for this application).
If anybody could clear this up I would be very grateful!
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