I-864 questions [Part 1 #8 and Part 5 #21]

[vpr]

Hi, my father who is going to be my joint sponsor, has sent me an email about 2 parts of the form he's not sure about. The first part is Part 1 questions #8

 

8. I am sponsoring the principal immigrant named in Part 2 above.

[] Yes [] No (Applicable only in cases with two joint sponsors)

 

-- We assume YES but he's only the joint sponsor, is this correct?

 

His second question is about the Household size, part 21 - How does he calculate the size?

 

There is my wife and I, my father, and his partner (don't know if they're married or not). My father got a divorce with my mother and is living with another women now so I don't know where she'd go. I'm not capable of being a "dependent" child since I'm over the age of 18. I do have an older brother who lives in a different city, so I don't think that matters. So I'm assuming that it would look like this:

 

21. Your Household Size - DO NOT COUNT ANYONE TWICE

Persons you are sponsoring in this affidavit:

a. Enter the number you entered on line 10. [1]

Persons NOT sponsored in this affidavit:

b. Yourself. [1]

c. If you are currently married, enter "1" for your spouse. [0]

d. If you have dependent children, enter the number here. [0]

e. If you have any other dependents, enter the number here. [0]

f. If you have sponsored any other persons on an I-864 or I-864EZ who are now lawful permanent residents, enter the number here. [0]

g. OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form 1-864A, enter the number here. [0]

----------------------------------------------

h. Add together lines and enter the number here. Household Size: [2]

 

===

 

I'm not sure that's right as there will be 4 people in the household. the 2 that were excluded were myself, and his "partner".

 

Thanks, let me know soon as I need to send him an email back so he can get it in the mail.

 

~Tom

[dnoblett]

8 A is yes, unless you are sponsoring two or more immigrants as in mother and children, in this case you can have one joint sponsor for the mother (Principal), and other joint sponsors for the children. 8A(Yes) is mother, 8A(No) would be for other joint sponsors for children.

 

You have #21 correct, you don't count your spouse as a spouse if she is who your are sponsoring with the I-864.

 

As for joint sponsor's household, joint sponsor count only persons being claimed on return, and a live in GF is not a spouse so is not counted.

[vpr]

8 A is yes, unless you are sponsoring two or more immigrants as in mother and children, in this case you can have one joint sponsor for the mother (Principal), and other joint sponsors for the children. 8A(Yes) is mother, 8A(No) would be for other joint sponsors for children.

 

You have #21 correct, you don't count your spouse as a spouse if she is who your are sponsoring with the I-864.

 

As for joint sponsor's household, joint sponsor count only persons being claimed on return, and a live in GF is not a spouse so is not counted.

 

Thanks for the reply - new developments. This is only for the JOINT sponsor's form.

 

I asked my Dad if they were married or not, and was told that currently they are NOT married, but by the time my wife and I arrive they will be. So how should he mark that? Currently at this very moment she is not a spouse, but within the next 5 months she will be?

[dnoblett]

Thanks for the reply - new developments. This is only for the JOINT sponsor's form.

 

I asked my Dad if they were married or not, and was told that currently they are NOT married, but by the time my wife and I arrive they will be. So how should he mark that? Currently at this very moment she is not a spouse, but within the next 5 months she will be?

The I-864 is filled out very shortly before NVC requests it in a CR-1 case, if maryied before it is needed then his wife is counted in his household size.

 

In your case have him do the I-864 a couple weeks before interview and if married he counts his wife.

 

If K-1 case I-864 is needed when adjustung status after entry and marriage.

Edited February 24, 2010 by dnoblett (see edit history)

[vpr]

Thanks for the reply - new developments. This is only for the JOINT sponsor's form.

 

I asked my Dad if they were married or not, and was told that currently they are NOT married, but by the time my wife and I arrive they will be. So how should he mark that? Currently at this very moment she is not a spouse, but within the next 5 months she will be?

The I-864 is filled out very shortly before NVC requests it in a CR-1 case, if maryied before it is needed then his wife is counted in his household size.

 

In your case have him do the I-864 a couple weeks before interview and if married he counts his wife.

 

If K-1 case I-864 is needed when adjustung status after entry and marriage.

 

Yes, we are a CR-1 DCF filling, so we are waiting for my father to send us the joint sponsor form so we can send everything together. We received our P3 packet on Christmas Day, so if I'm not mistaken this is the final step before an interview is scheduled.

 

I'm assuming that it would be the 'safest' to have him count her as a spouse to avoid any implications that could happen if he didn't count her and then they became married before the interview... It's possible they wouldn't even notice, but I'd rather not risk anything. This would raise the bar for the poverty line, but I don't think it'd be a problem.

 

Is that a sound thing to do, or am I mistaken? No need to sugar coat anything for me.

 

Tom

[Kyle]

What happens if he counts her as a spouse (but they aren't actually married by that time) and then the VO asks your wife about this (their relationship)?

 

I don't know if I'd do this - but, I'm more of the overly cautious type. I'd hate for any confusion on this issue to be a hindrance to you both.

Edited February 24, 2010 by Kyle (see edit history)

[dnoblett]

What happens if he counts her as a spouse (but they aren't actually married by that time) and then the VO asks your wife about this (their relationship)?

 

I don't know if I'd do this - but, I'm more of the overly cautious type. I'd hate for any confusion on this issue to be a hindrance to you both.

Yep confusion can result in "Misrepresentation" which is grounds for a HARD denial.

 

So if father is NOT married at the time he provides you with the I-864 then he is NOT married on the form and does not count his fiancee. ONLY if he IS married should he count her. Worse case is if he marries after providing you the I-864 and IF the VO asks your wilfe should say that he got married on such date, and the date should be after joint sponsor signed and dated the I-864, if this comes up the VO may blue slip for a newer I-864 showing joint sponsor's spouse.

 

Again NEVER EVER LIE on these forms, doing so IS MISREPRESENTATION!

[vpr]

What happens if he counts her as a spouse (but they aren't actually married by that time) and then the VO asks your wife about this (their relationship)?

 

I don't know if I'd do this - but, I'm more of the overly cautious type. I'd hate for any confusion on this issue to be a hindrance to you both.

Yep confusion can result in "Misrepresentation" which is grounds for a HARD denial.

 

So if father is NOT married at the time he provides you with the I-864 then he is NOT married on the form and does not count his fiancee. ONLY if he IS married should he count her. Worse case is if he marries after providing you the I-864 and IF the VO asks your wilfe should say that he got married on such date, and the date should be after joint sponsor signed and dated the I-864, if this comes up the VO may blue slip for a newer I-864 showing joint sponsor's spouse.

 

Again NEVER EVER LIE on these forms, doing so IS MISREPRESENTATION!

 

Got it, thanks!