huacheetah

Hi everyone, I've searched the forum and not found the answers to my questions yet.

My situation:
I'm a U.S. Citizen living in Chile with my Chilean husband. Our application for his immigrant visa was accepted and now I'm preparing the paperwork for the final interview.

We are planning on living with my parents upon arriving to the States. To show domicile, I've collected my tax returns, U.S. bank account info, my voting record, a bill from my U.S.-based health insurance policy that arrives in my name to my folks address, and a letter from my folks saying we are welcome to stay with them for as long as we need as we look for jobs upon arriving in the States. Plus I've got my student record here in Chile as evidence that my time abroad was always meant to be temporary.

I've been filing taxes every year, and in 2007 and 2008, I made enough income in the States for my husband and I (we have no kids) to live 125% above the poverty line. In 2006, my income was below the cutoff. But I will also be declaring some assets as well.

Edit: Also, this year my "current individual annual income" (the term they use in the I-864) should be more than 125% above the poverty line.

My two questions are:

1) Since we are planning to live with my parents when we arrive to the States, does one of my parents need to fill out the I-864 because we will be living in their house?

2) Should I have a parent fill out the I-864, just to be on the safe side?

Thanks in advance

ian-mstm

This is largely irrelevant. You are not asked to be at/above 125% for 3 years.


No... not unless you have insufficient income or assets and need the parent to be a joint sponsor.


Yes. Always better to have it as a backup just in case the ConOff gets his knickers in a twist for some reason.

Ian

huacheetah

Thanks!!!

meauxna

hola!

You've got two different questions mushed in there.

I think your question in #1 is, will your parents need to complete an I-864A (for Household members) because you'll be living in their house.
The answer to that is 'no' unless you want to count their income in addition to yours, to meet the poverty guidelines.

If a parent completes I-864, it is as a Joint Sponsor.

What I don't see mention of is your current income. That's the figure you must show, or assets in lieu of (at 3X). The tax information is there for a couple of different reasons, but none of them include having those years' income at/above poverty.

If you have NO current income in the US that will continue after your sponsored immigrant arrives, you will need assets OR a Joint Sponsor.

If you choose Joint Sponsor, because your folks have agreed to do so, you actually have two choices of 'how to' and one may be better than the other for you.
Your parents could be Joint Sponsor or Household Members.
There's another thread on page one here with a potent example of how one was clearly better than the other *for that family*.

huacheetah

Thanks for the response, meauxna

I thought the I-864A for household members was only used if I'm living with them (my parents) now. Is just planning on living with them enough for me to consider them "household members"?

And my current income should be enough to be 125% above the poverty line. It's not a salary, so I can't say how much it will be, but the last couple years it's been 125% above the poverty line and it seems this year it will be too.

jeffreyhy

You said that you've re-established US domicile, and among your items of proof is a letter from your parent's about living with them. If you have US domicile, and it's at your parents' house, that should make them houshold members even though you may be physically present in Chile at the moment.

Be careful how you word your statements, and word them in such a way as to suit your purpose rather than to counter it. A thruthful statement can be made in a variety of ways to lead the listener to a desired conclusion - ask any political advisor.

Are you saying that your current income will continue from the same source(s) once you are physically back in the USA? Estimate what your current annual income is - what you will make for this year. Whatever method you use to make the estimate, it should be reasonable, easily explained, and be consistent with current conditions relative to previous years' conditions (don't show the same for this year's estimate as last year's actual if this years conditions have tanked for your source of income, unless you can also show why you are thriving while others with your source are withering).

Regards, JEff

meauxna

Yes, and the I864 goes into effect when your DH enters the US.. we ran into the same questions when we were moving back after a DCF-type case.
It sometimes helps when you remember that 'domicile' and 'residence' can be different from each other.

Since it's nearly November, you've got a pretty good handle on 2009's income then (and good on ya in such a horrible year!). It sounds like you are in an enviable position.

huacheetah

Yes. Sorry, I didn't make that clear.

And thanks everyone for the help