Noorah101

Hi All

Helping a friend of mine determine the poverty guidelines for the I-134. She has 2 children. Should the household size include only her and the children, or her fiance as well? How about after they are married and filling out the I-185....does the household size suddenly increase to 4 and thus make the minimum income level higher?

Thanks for your help. She needs a co-sponser but is having trouble determining her correct household size.

Rene

Steffi

Yes, I believe it will make the minimum income level higher because there will be more people to support.
And is her fiance living with her now? Because if not then I don't think he's part of her household yet?

Noorah101

Hi Steffi,

Thanks for your help. Her fiance is in Pakistan. They've just started the K-1 process. So, currently her household size is 3 - she'll need to find a co sponsor that earns $19,075 a year.

Once he's here and they are completing the I-864 (sorry I put the wrong number in my original post), their household size becomes 4, and thus need to show $23,000/year. (All based on the 2003 guidelines).

At what point is the I-864 presented, and can they include his income on this form?

Thanks again!
Rene

jeffreyhy

Rene,

The I-134 doesn't ask about household size.

What it does ask is how many people are to be sponsored, how many people are presently dependent on the sponsor (whether or not they are in the houshold), and how many other people are already being sponsored as a consequence of prior affidavits. The total number of people is the number that the sponsor must be able to provide for. In your friend's case, from the information you give the number is 4 at least.

What's an I-185?

Regards, JEff

jeffreyhy

Rene,

An I-864 should accompany the I-485. It can be, and perhaps will be required to be, updated for the interview.

If the husband has been a household member for at least 6 months at the time the I-864 is submitted then his income can be included.

Regards, JEff

Noorah101

Hi JEff,

Thanks. Sorry, I meant I-864. Oh dear...it seems she's in for a tough time.

Rene

Noorah101

Thank you, JEff

Mrtravelkay

Noorah101 wrote:
    > Originally posted by Steffi
    >
    >>Yes, I believe it will make
    >
    > the minimum income level higher because there will be more people to
    > support.
    >
    >>And is her fiance living with her now? Because if not then I
    >
    > don't think he's part of her household yet?
    > Hi Steffi,
    >
    >
    > Thanks for your help. Her fiance is in Pakistan. They've just
    > started the K-1 process. So, currently her household size is 3 - she'll
    > need to find a co sponsor that earns $19,075 a year.
    >
    > Once he's here and
    > they are completing the I-864 (sorry I put the wrong number in my
    > original post), their household size becomes 4, and thus need to show
    > $23,000/year. (All based on the 2003 guidelines).
    >
    > At what point is the
    > I-864 presented, and can they include his income on this form?

I am confused. Isn't the immigrant counted on both the I-134 and I-864?
I thought they counted the sponsor, the sponsor's dependent, and the
immigrants sponsored???

Noorah101

Hi Mrtravelkay,

Yes, it does sound as though that is the case.

Another question, please....let's say the USC makes only $10,000 a year but the level she needs to show is $23,000. I know her co-sponsor must show they make the whole $23,000, NOT just the $13,000 she is lacking. However, if she gets multiple co-sponsors, can they themselves divide up the $23,000 among them? Maybe she could get 2 co-sponsors who make $11,500 each?

Thanks again. She's very distressed about this problem....

Rene

jeffreyhy

Rene,

My cold, practical, reality side is coming out in full force here... It's understandable that your friend is distressed in this situation, but what is it she's distressed about? Getting her fiance to the USA, or supporting him once he's here?

The financial requirement is minimal. In adequate, actually. But there's a valid reason for it. If she can't meet this low requirement how are these people going to live?

Regards, JEff

Noorah101

Her fiance will be bringing money from home to help out, and of course working when authorized once he's here. I doubt his assets alone are enough to cover the requirements of the Affidavits of Support on his own. But, it will probably be enough to tide them over until he can work here. But for now, since they can't include his income from Pakistan, she doesn't qualify. She gets income in the form of child support from her ex, and disability income for her autistic son. She stays home full time to care for him and does not receive a paycheck.

Here's a thought....if he sends her money regularly from Pakistan that she can deposit to her account for the next 6 months or so, does that count as "income" for her to show on the Aff. of Support? How much in assets would her fiance have to prove in order to take into consideration?

I understand your point. Her distress is mostly worry about not meeting the requirements to bring him here. She feels confident that he will make enough once here and working to support the family. Of course there's no guarantee, but they want the chance to give it a try.

I never looked into all this for myself, as I easily qualified. But I'd like to help this gal out with any information I can.

Thanks,
Rene

Mrtravelkay

Noorah101 wrote:
    >
    > Another question, please....let's say the USC makes
    > only $10,000 a year but the level she needs to show is $23,000. I know
    > her co-sponsor must show they make the whole $23,000, NOT just the
    > $13,000 she is lacking. However, if she gets multiple co-sponsors, can
    > they themselves divide up the $23,000 among them? Maybe she could get 2
    > co-sponsors who make $11,500 each?
    >
    > Thanks again. She's very distressed
    > about this problem....

No, each sponsor must qualify on their own merits.