Mattflax

Hi - question regarding criteria behind the Household member support to meet income requirements.

To let you know where we are - i-130 petition approved. I have moved over to US and am living with my (UKC) parents who are currently living here on a work permit, likely to be here for 2-4 years. I came over to find work, am doing interviews, etc.

If my dad fills out an I864A showing he has assets and income to cover the required number of people, will that count for the affidavit of support? I can prove my residence here with bank statements, etc. and they will be able to prove residence. However, he is not a USC - so is this still possible. I had previously dismissed the idea of him helping out as everywhere said joint sponsor has to be a USC?

Clarification pls, as want to get my wife over as soon as possible, and can take a bit more care over what job I take on!

Thanks

Noorah101

I take it you're a USC yourself? And the I-130 you mention is the one to bring your wife over to the USA?

A contributing household member or a joint sponsor needs to be either a USC or a US PR. If your dad is only here on a work visa, it sounds like he can't help you sponsor.

Rene

Mattflax

That's correct, I am the USC and I am bringing my UKC wife over to the US.

I was just reading through the I864 instructions, and it defines the joint sponsor and the household member differently, and at no point specifies that the household member has to be a USC, just they have to prove residence and relation. Am I missing something here?

Noorah101

Hmmm. I could be wrong. I thought the joint sponsor or household member both had to be a USC or US PR. Hopefully someone more knowledgeable will come along and clear it up.

Rene

Mattflax

Yeah, hopefully, this would make things much better for us if its possible!!

At end of the I864A instructions it says, "proof of us citizen, national , or permanent resident status is required for joint and substitute sponsors for relatives of employment-based immigrants who file this form". Does not mention "Contract between sponsor and household member" - this is different to joint sponsor. A joint sponsor does not have to be related, and does not have to live with the sponsor, which the 'Contract between sponsor and household member' does. Still trying to find somewhere that tells me they will have to be USC for this, but can't find anything...

BenFrancis

I think your answer is within the statement 'citizen, national or permanent resident'. If your Dad is in the US on a temporary visa, I don't think he qualifies as any of those?
Ben

Noorah101

But it only says that blurb in conjunction with a "joint sponsor" or "substitute sponsor for relatives of employment-based immigrants". It does not mention "contributing household member".

Rene

Mattflax

guys got it. breakthrough.

sorry for the long winded reply, but may help others in a similar situation: pulled from the new rules created by USCIS in 1996 for the affidavits.

http://www.uscis.gov/ilink/docView/F...-0-119363.html

(C)(1) The sponsor's ability to meet the income requirement will be determined based on the sponsor's household income. In establishing the household income, the sponsor may rely entirely on his or her personal income, if it is sufficient to meet the income requirement. The sponsor may also rely on the income of the sponsor's spouse and of any other person included in determining the sponsor's household size, if the spouse or other person is at least 18 years old and has completed and signed a Form I-864A. A person does not need to be a U.S. citizen, national, or alien lawfully admitted for permanent residence in order to sign a Form I-864A.

Definitions of “Household Size” and “Household Income”

Numerous comments were received concerning the definitions of “household size” and “household income” and the use of the Form I-864A.

In general, these commenters believed that “household size” was defined too broadly, since all related people at the same residence would be considered in the household, even if they were, in fact, separate economic “households.” These comments are well-founded. The final rule, therefore, provides for flexibility in the definition of “household size.”

In all cases, the sponsor must include in calculating the “household size” the sponsor, his wife or her husband, the sponsor's unmarried children under the age of 21 (other than a step-child who meets the requirements of section 101(b)(1)(B) of the Act but who is not part of the sponsor's household, is not claimed as a dependent by the sponsor for tax purposes, and is not seeking to immigrate based on the step-parent/step-child relationship), and any other person--whether related to the sponsor or not--clai med as a dependent on the sponsor's income tax returns. The sponsor must include his or her spouse and all persons claimed as dependents for tax purposes, even if these persons do not actually have the same principal residence as the sponsor. The sponsor may exclude any unmarried children under 21 if these children have reached majority under the law of the place of domicile and the sponsor does not claim them as dependents on the sponsor's income tax returns.

If, in fact, the household consists of a more extended family, the sponsor may elect to include other relatives in determining the “household size.” Under this alternative, the sponsor may then include in the calculation of household size any relative of the sponsor who has the same principal residence as the sponsor. In determining the household size, “relative” has the same meaning as for the affidavit of support regulation as a whole--that is, in addition to the spouse, unmarried children under 21, and a ny other persons legally claimed as dependents, the sponsor may include his or her father, mother, adult son, adult daughter, brother, or sister. The final rule removes the interim rule's requirement that the household member must have resided in the sponsor's household for at least six months in order to sign a Form I-864A. The final rule also clarifies, as requested by three commenters, that no person should be counted more than once in determining the size of the household.

The definition of “household income” is revised to correspond to the revised definition of “household size.” In determining the “household income” the sponsor may include the income of any other persons included in calculating the “household size,” but these other persons, including the sponsor's spouse or children (who must be at least 18 years old), must still sign Form I-864A in order for the sponsor to use this option. The final rule retains the Form I-864A requirement to ensure that the family member's promise of support is enforceable. As with the sponsor's spouse and dependents, the income of these other relatives in the residence may be “pooled” to determine the household income. In response to one comment, the final rule clarifies that a person included in calculating “household income” must be at least 18 years old to sign a Form I-864A.