Complicated I864

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brolytiz

Registered Users (C)
Hello,

Little story first. My wife just received her US Citizenship (after 5y being LPR) and we would like to apply for green card for her both parents which currently are living at the same apartment with us.
They arrived with tourist visas more than 10 years ago and overstayed their visas, so all this time they were out of status. But they have their old passports and I-94 forms. We are thinking to fill I130 concurrently with I485.
Anyway, my question is about I864.

The problem is that my wife currently is unemployed as we have 3 years old and she is taking care of him and is unable go to work. So she makes $0 for last 3 years. We fill taxes as Married filling jointly.

We already sponsoring 2 friends who arrived to USA 4 years ago (they do not live with us, but we are financially responsible for them as we filled I864 for them).

So I guess when I'm counting my household size its like this: my, spouse, child, 2 friends and 2 in-laws. Total - 7 persons.
The problem is that I do not make enough to support 7 persons for 125% of Poverty Guidelines.

My father in law have social security number (you can get one more than 10y ago, even with tourist visa) and he is paying income taxes every year.

My question is - can we combine my and his income on I864 to support himself and mother in law?

Thanks
 
Are you sure that it's I-864 you filed for your friends (not I-134) and that your obligations still exist (i.e. they haven't become citizens, or earned 40 credits)?

Each parent has their own I-130 petition, and each petition has its own I-864, so each parent will have their own I-864. The correct household size on your wife's I-864 for each parent will be 1 (herself) + 1 (you, her spouse) + 1 (her dependent child) + 2 (people she previously sponsored who are still permanent residents) + 1 (the immigrant being sponsored on this I-864) = 6. Note that the I-864 for each parent does not count the other parent in the household size. There is simply no place in the formula to count it. However, they might consider your income for 7 people during their adjudication anyway because they know they're immigrating at the same time.

You might want to check whether your in-laws might be exempt from an Affidavit of Support by having already earned 40 quarter credits in Social Security. You can generally earn 4 credits a year (unless you earn really little), and a spouse's credits from the period of marriage can be counted. So if they've worked a total of 10 years in the US between them credited to their Social Security numbers, they might not need Affidavits of Support.

To answer your question, no. You can count the intending immigrant's income, but only if they work legally.
 
Thank you for reply newacct.
I believe situation have changed. Yesterday I found forms we filled for our friends and yes, my wife filled I-134 for them. She was making just enough at the time to support 2 immigrants and my income was not used at the forms.
So I guess my wife will be sponsor and it's not important that she make $0 at this time, because I can be co-sponsor for parents in law, because I do not have obligations to support my friends as only my wife filled I-134, not me.
Or I still must count them on I-864?

I make enough to support 5 persons at this time.

Also we can use 2nd co-sponsor - mother in law uncle - who actually was co-sponsor for my wife F2A, because I was not making enough at the time.

Let me know if I'm right that I do not need to count my friends on I-864.

By the way I-864 only asks to count persons for whom you filled I-864 and do not mention anything about I-134. Or they are considered dependants for both of us or only my wife?

Only father in law have social security card, but he still don't have 40 credits.
Friends still 1 year away from citizenship.
 
My friends used I-134 to immigrate with DV lottery visas and now they are LPR's.
Anyway, good to hear that I don't need to count that on co-sponsor application.
I wonder if it's possible to try to send I-864 only with me being co-sponsor (my income will be higher than 35k this year) and if we get RFE we can add mother in law uncle as a second co-sponsor?
Thanks for all the help.
 
I guess we need to fill I-864 and I-864A , because my wife still will be only sponsor, only she will use my income as we will sign I-864A together.

Another question is. When we fill I-864 for let's say mother in law. Do I need to mention father in law name somewhere on the form. Do I need to count him as a dependent in household size formula?
 
brolytiz said:
Another question is. When we fill I-864 for let's say mother in law. Do I need to mention father in law name somewhere on the form. Do I need to count him as a dependent in household size formula?
Click to expand...
His name should not show up.
 
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