Wilto

Long story short, I moved to the US 8 years ago via the I130 method with my American wife.

My brother in law (+2 kids who are all USC) is now moving back to the US with his non-USC wife.

1. When he is calculating the household size for income requirements, he should use 4, correct? (bearing in mind he and 2 kids are USC)

If so, he just misses out as his base pay is just under the requirement for 4 people.

2. He has asked me to be the joint-sponsor, which I am totally ok with. I've read a lot on the subject, they won't be living with us. Is that a problem as we will not be one household?

3. We are a family of 6, both my wife and I work, do we individually have to file an i864a?

4. Do we have to meet the income levels of a household of 10, which is our 6 plus the 4 coming to the US? Or just 7, our 6 and the person we are sponsoring?

I appreciate any and all responses, it's been 8 years since I went through this process and it can get incredibly confusing.

ian-mstm

Correct.


He can also use assets at 3x the $$ amount to make up the difference. If, for example he needs $30,375 but earns only $30,000... then he needs $1,125 in assets (3x $375) to top up the amount. This would be the easiest way for him to avoid having a joint sponsor.


No. There's no requirement for the joint sponsor to be part of the same household.


No - one of you will complete an I-864, and the other will complete an I-864A.


This. Your household size for the I-864 would be 7... the 6 of you + the non-USC. The USCs do not need to be sponsored.

Ian

Wilto

appreciate it Ian, you have been most helpful (and also 8 years ago!)

Topping up with assets definitely seems like a fantastic idea. Is there a handy dandy FAQ of what counts as an asset, how liquid must it be, how long it must be in sponsor's name etc etc?

Noorah101

Everything you need to know is at www.uscis.gov, Form I-864 form and instructions.

His income will only count if it will continue from the same source once inside the USA. Or is he already in the USA?

If your income alone is enough to cover a household of 6, your spouse does not need to do an I-864a.

Rene

ian-mstm

Start with the I-864 and I-864 instructions. Generally, to be acceptable, an asset must be liquidable within one year. There's no duration requirement. Cash on hand works best, but also bonds, CDs (not the music kind! ), property... stuff like that.

Ian