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I-864 and household size (joint sponsorship?)

I-864 and household size (joint sponsorship?)

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Old Oct 23rd 2009, 10:03 am
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Default I-864 and household size (joint sponsorship?)

My wife is a US citizen.
We have 2 children, who are both UK and US citizens.
We've got Packet 3 [I thought it would be more than a little letter, but there you go], so we can do DS-230 and DS-2001 etc.

We've been living in the UK since we got married 3 years ago, and DW looks after the kids full-time, so has no income.
We will move in with her parents, who are willing to help with sponsoring.

Looking at the I-864, it would appear that there's leeway to satisfy the requirements in two ways, we just really want to hear from someone else that we got it right, that we didn't miss anything.

----Way 1----
DW's I-864 lists household size of 4 [me, DW, 2 kids]
MIL does I-864 as a joint sponsor, but only appears to have to list a household size as 3 [MIL, FIL, me].
MIL's I-864 would then clear the 125% for 3, everythings happy and shiny.
Would the difference in numbers between the two forms matter?

----Way 2----
DW's I-864 lists household size of 4 [same as above], PLUS
MIL does I-864A [doesn't have to list FIL]
SIL does I-864A [not mentioned previously as >21 so doesn't count as dependent, but lives in the same house].
These should clear the 125% for the resulting household size of 6.
This may not work as DW's principal residence isn't MIL's address... yet.

Do you see any compelling reason to go with one method over another? Since we'll all be living in the same house, are we required to file as one household? Is proving that we're all going to be one household then likely to become an issue?

Thanks in advance
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Old Oct 23rd 2009, 12:23 pm
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Default Re: I-864 and household size (joint sponsorship?)

Originally Posted by soggy_amphibian
Would the difference in numbers between the two forms matter?
No. There is still only one non-USC.


----Way 2----
A bit more complicated, IMO.


Do you see any compelling reason to go with one method over another?
Method 1 seems simpler.


Since we'll all be living in the same house, are we required to file as one household?
I'm not exactly sure what you're asking here. The two I-864s are separate, and you'd have two separate forms to present at the interview.

Oh... welcome to BE! I really like your username!

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Old Oct 23rd 2009, 3:02 pm
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Default Re: I-864 and household size (joint sponsorship?)

s_a,

Since DW has to demonstrate an intent to resume US domicile, isn't she going to be telling the consulate that the you'll all be moving into MIL's house and be using that as your intended address?

In which case, the consulate may insist on Way 2. Otherwise, because of the unexplained introduction of SIL, I agree with Ian that Way 1 might be simpler if it's acceptable.

Regards, JEff


Originally Posted by soggy_amphibian
My wife is a US citizen.
We have 2 children, who are both UK and US citizens.
We've got Packet 3 [I thought it would be more than a little letter, but there you go], so we can do DS-230 and DS-2001 etc.

We've been living in the UK since we got married 3 years ago, and DW looks after the kids full-time, so has no income.
We will move in with her parents, who are willing to help with sponsoring.

Looking at the I-864, it would appear that there's leeway to satisfy the requirements in two ways, we just really want to hear from someone else that we got it right, that we didn't miss anything.

----Way 1----
DW's I-864 lists household size of 4 [me, DW, 2 kids]
MIL does I-864 as a joint sponsor, but only appears to have to list a household size as 3 [MIL, FIL, me].
MIL's I-864 would then clear the 125% for 3, everythings happy and shiny.
Would the difference in numbers between the two forms matter?

----Way 2----
DW's I-864 lists household size of 4 [same as above], PLUS
MIL does I-864A [doesn't have to list FIL]
SIL does I-864A [not mentioned previously as >21 so doesn't count as dependent, but lives in the same house].
These should clear the 125% for the resulting household size of 6.
This may not work as DW's principal residence isn't MIL's address... yet.

Do you see any compelling reason to go with one method over another? Since we'll all be living in the same house, are we required to file as one household? Is proving that we're all going to be one household then likely to become an issue?

Last edited by jeffreyhy; Oct 23rd 2009 at 4:05 pm.
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Old Oct 28th 2009, 1:18 pm
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Default Re: I-864 and household size (joint sponsorship?)

Thank you both for your thoughts.

With a view to getting approved on the day, is Jeff's scenario of insisting on Way 2 likely? From what you've said, I'm assuming that if Way 1 is presented and they don't like it, they're more likely to ask for more information than reject the case out of hand.

Is it worth filling it all out both ways, present Way 1 and if they don't like it present Way 2?

MIL's income would cover 3, but not 5, which would be the only reason to include SIL, going by the instructions on the paperwork, so in theory the unexplained introduction of SIL shouldn't faze them.
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Old Oct 28th 2009, 1:43 pm
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Default Re: I-864 and household size (joint sponsorship?)

Originally Posted by soggy_amphibian
Is it worth filling it all out both ways, present Way 1 and if they don't like it present Way 2?
I'm not sure Way 2 will work. I don't believe you are allowed to have more than one joint sponsor for an individual alien. IOW, your MIL or your SIL could be a joint sponsor, but not both.

Ian
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Old Oct 28th 2009, 4:15 pm
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Default Re: I-864 and household size (joint sponsorship?)

Originally Posted by ian-mstm
I'm not sure Way 2 will work. I don't believe you are allowed to have more than one joint sponsor for an individual alien. IOW, your MIL or your SIL could be a joint sponsor, but not both.

Ian
Ian!
Household members are not Joint Sponsors!
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Old Oct 28th 2009, 4:24 pm
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Default Re: I-864 and household size (joint sponsorship?)

Originally Posted by meauxna
Household members are not Joint Sponsors!
What? When the heck did that happen? D'oh... <slapping forehead>


<Emily Litella mode on>

Well then... that's different. Never mind!

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Old Oct 28th 2009, 4:29 pm
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Default Re: I-864 and household size (joint sponsorship?)

Originally Posted by ian-mstm
What? When the heck did that happen? D'oh... <slapping forehead>


<Emily Litella mode on>

Well then... that's different. Never mind!

</off>


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Old Oct 28th 2009, 7:16 pm
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Default Re: I-864 and household size (joint sponsorship?)

So what's your vote? Way 1 or Way 2?

I'm going with have both at the ready, try Way 1 first (one less person 'on the hook')

Regards, JEff


Originally Posted by meauxna
Ian!
Household members are not Joint Sponsors!
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Old Oct 28th 2009, 8:56 pm
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Default Re: I-864 and household size (joint sponsorship?)

Originally Posted by jeffreyhy
So what's your vote? Way 1 or Way 2?

I'm going with have both at the ready, try Way 1 first (one less person 'on the hook')

Regards, JEff
Way 1 is Way easier for everyone.
And I've been known to take two sets of documents to the Consulate. Just in case.
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Old Oct 30th 2009, 8:17 pm
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Default Re: I-864 and household size (joint sponsorship?)

Originally Posted by meauxna
Ian!
Household members are not Joint Sponsors!
That would be my bad for not being clear in my thread title.

Thanks for helping, will try and get both ways done, then.

When doing Way 2, with MIL and SIL doing the household members forms, does DW need to put MIL's address on her form, 12 (mailing address) would be the logical spot?
Is it worth doing that for Way 1 as well, to help prove domicile?
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Old Oct 30th 2009, 10:03 pm
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Default Re: I-864 and household size (joint sponsorship?)

I lean toward using only a US address on the I-864; when it goes into effect, the USC is supposed to be there.
By declaring US domicile, the US citizen is saying: this is my permanent home; I really live here.
I leaned on the phrase 'temporarily resident abroad' to explain why I wasn't living in my (domicile) home. Temporarily Resident Abroad can legitimately cover several years.

PS: Ian should've known better!
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Old Oct 30th 2009, 10:08 pm
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Default Re: I-864 and household size (joint sponsorship?)

I agree with these thoughts (for whatever little that might be worth!)

Regards, JEff


Originally Posted by meauxna
I lean toward using only a US address on the I-864; when it goes into effect, the USC is supposed to be there.
By declaring US domicile, the US citizen is saying: this is my permanent home; I really live here.
I leaned on the phrase 'temporarily resident abroad' to explain why I wasn't living in my (domicile) home. Temporarily Resident Abroad can legitimately cover several years.
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Old Oct 31st 2009, 12:23 am
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Default Re: I-864 and household size (joint sponsorship?)

Originally Posted by meauxna
PS: Ian should've known better!
Between you and Sheila, my um... aberrations are pretty much covered 24/7.

Ian
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Old Mar 24th 2010, 8:01 pm
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Default Re: I-864 and household size (joint sponsorship?)

Thanks, folks, the interview went well.
The consular officer was hesitant at the AOS with my MIL as co-sponsor, as that's where we're planning to live, and the kids and all that. I said "Aha, we thought you might have that concern so we've prepared another Affadavit of Support", and handed over the one with MIL and SIL as Contract With Household Member of my wife's household. He thumbed through it, then said "yeah, we'll go with this one", indicating the first version. He then approved me. So the second one wasn't used, but it looked like it was necessary to have it. I'll keep the second one around for going through immigration, just in case.
So, thanks again for your help, my interview was MOnday so hopefully the stuff will arrive back Friday, maybe Monday I guess. Looking at moving in May. Winding down here now, kind of exciting.
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