robclem1

Hi, getting near to submitting all papers for my interview and just have a quick question about the I-864.

My Wife(USC) and I(UKC) are emigrating with our 3 children(all USC) next year to the USA. My wife is my primary Sponsor on all paperwork so far so she has to fill in an I-864 although she cannot show qualifying income(dividends received from business dont count). We can show cash savings and business value etc as proof of assets but to be 100% sure have decided to get my Wifes Mother to be a joint Sponsor.

My MiL lives in a household with her husband only, does she just choose the 2 household members as the value for poverty line and then add her last years tax return to prove her houshold income? OR should she assume she is supporting all of us(i.e. her, her husband and all of my family)?

In summary - If my wifes I-864 asset value is below the required amount(might be) for our immediate family of 5, does the MiL's form have to cover all of us or just me(UKC)

Any advice welcome

thanks

avanutria

As I understand it: If you and your family members will be living in the same house as your MIL, she would have a household size of 7 - her, her husband, you, your wife and your 3 kids. If none of you will be living in her house, then she will have a household size of three - her, her husband, and you as the UKC immigrant.

ian-mstm

If the children are all US citizens, they do not need sponsoring, although they will add to the household size. If your wife's income is sufficient to cover herself and the children, then your MIL only needs to cover her husband and you.

Ian

robclem1

This is where we get confused as my wife will not and does not work right now so her income cannot support any of us and I doubt our assets are enough to fully sponsor me. However, she and all the kids are USC so in theory dont need to declare them?

We are just trying to get me sponsored to get my PR status, I'll then be getting a job or starting a new business. So we were going to use her Mums financial status which is more than adequate enough to sponsor me and all my family - should she declare that all of us will be in the household, even though we will only stay with them for a few weeks until we rent our own home?

ian-mstm

They don't need visas, but they will add to the size of the household.


If you'll be staying with them when the I-864 is executed (read = when you get the visa) then yes, she will need sufficient income/assets to cover 7 people. What might happen in the future (read = you get your own place) is usually irrelevant simply because it also might not happen.

Ian

robclem1

We will be living in the UK when we submit the I-864 and when I have my interview and receive my approval. We will then wait 2 months and arrive in the USA to activate my Green Card.

Does that mean she just has to declare 2 people as we are not living there yet?

Noorah101

My understanding is that a Joint Sponsor only has to show earnings enough for their own household size, plus the immigrant...in this case 3. Mother in law, her husband living with her, and the immigrant.

Rene

ian-mstm

Sorry, I wasn't as clear as I should have been. The I-864 does not kick in until you actually arrive in the US, so it's not when you get the visa, but rather when the visa is validated - and that happens when you enter the US. So, it's still 7 people.

Ian

robclem1

thats clearer, thanks

so with my family of 5 and the 2 already there my MiL should just have to show the $41587 as income on her tax return irrespective of what my wife puts down on hers and we should be covered to get my visa approved on this point.

Noorah101

Not on her tax return, no. She has to show that as current income.

I still think she only needs to show 3 in the household to qualify. But I could be wrong.

Rene

robclem1

her income has been higher than that for a while and her assets are high too so i guess if she fills in the relevent sections of the I-864 showing enough income for 7 we should be ok and then copies her latest tax returns to prove things. Does her I-864 have to be original, i.e. posted from USA to me in UK or can she scan and email it for presenation to US Embacy in London?

Noorah101

The I-864 must have her original signature on it. The tax return isn't "proof" of anything, so make sure she includes proof of her current income (several recent pay stubs, letter from her employer). Also make sure she includes proof of her US citizenship or LPR status.

If she is photocopying the tax return, make sure she includes a copy of her W-2 form. I also think she needs to give you a copy of her most recent 3 tax returns, not just 1. That's an embassy requirement, not an I-864 requirement.

Rene

avanutria

I believe the instructions say you must include one year and have the option to include three years. I included three.

meauxna

Why don't dividends from business count?

robclem1

sorry, confusion over dividends. Apparently i do not put uk dividends on my wifes US tax returns which we thought we had to rush through as we had not done any since she moved here 25 years ago. But as she has not had a salary for a few years we do not need to put her dividend income on her US tax return, we just file a null return