i864 - Information about Immigrants You are Sponsoring, Sponsors household size calculation

panda20

New Member
I need help figuring out the proper way to calculate the household size.

In 2019 I filed petition i129f for my then-fiance, and her three children. My fiance and one of the children arrived in the USA on K1 and K2 visas. The other 2 children will be following-later (once the U.S. Embassy reopens and starts processing visas). They will arrive more than 6 months after my fiance and one of the child.

We married within the 90days specified of the K1 visa and now are preparing to adjust their (my wife and 1 step son) status using form i485. To do that, I need to include form i864 which is an affadavit of support. Under Part 3. Information about Immigrants You are Sponsoring, should I check all 3 boxes like so:

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and then include all 3 children that were on the i129f petition (although 2 are currently not in the usa) under Part 3?

This choice affects Part 5 - Sponsor's household size. If I don't include the 2 children who are following more than 6 months then the size would be 3. Otherwise if I do include them, it would be 5.

1594764541317.png

The instructions are hard to decipher because in most areas I have read to only include any members currently in your house, dependents from your previous years tax return, your children (I have none, but my wife has 3). Then it also states in the i864 instructions:

How Do I Count Household Size?
Your household size includes yourself and the following individuals, no matter where they live: any spouse, any
dependent children under 21 years of age, any other dependents listed on your most recent Federal income tax return, all
persons being sponsored in this affidavit of support, and any immigrants previously sponsored with Form I-864 or Form
I-864 EZ, Affidavit of Support Under Section 213A of the INA, whom you are still obligated to support. If necessary to
meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as
part of your household size as long as they have the same principal residence as you and promise to use their income and
resources in support of the intending immigrants.

Any help is really appreciated -- especially if you have gone through this and you had success with the i864.

Thank you.
 
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