How to calculate family size for form I-864 - Affidavit

[@carlapopper]

Hi. Form I-864 form expired on 12/31/2023 on USCIS website. Can I still mail it to USCIS this Friday?

[@jlw.immigrationlaw]

Hello, The USCIS webpage for I-864 should contain information about what editions of the form are acceptable. The I-864 edition date that is most recent is 12/08/2021, and that is the one that should be acceptable now.

[@oscarqiang4350]

Hi Jennifer, I am applying PR for both of my parents. I got the notice from USCIS that I have deficiencies for I-864. I am a bit confused how many household I should put in the each I-864. 2 if I only include the principle applicant or 3 if I include both parents in each form (this is what I put, but I start to think it is wrong). Please help me to straighten this out. Thanks. Oscar.

[@joyaningat5491]

Hello , what if i sponsor 2 adult kids at the same time , do i put 1 for part 5 #1 and part 5 #5 1? To make a total of 2? Considering i will fill up 2 forms (I-864)

[@jlw.immigrationlaw]

Hello, If an adult child is the beneficiary of an I-130 that was filed just for them, then they will need a separate I-864. If their sibling is in the same process and is not yet a permanent resident when the I-864 is filed, then that other sibling would not be counted in the petitioner’s family size. If the adult children are applying as derivatives of a parent’s I-130 and are “following to join” that parent, then the family size on the I-864 may need to increase to include the entire family group that is immigrating under that single I-130. It’s complicated, but hopefully that helps. If we can be of further assistance, please don't hesitate to reach out.

[@stevenroshni1228]

Great topic. 8:18 I thought any work without authorization that an immigrant has done can count if they did their taxes because they "can be credited" for that once they get status?

[@jenniferwalkergates5745]

Hi, Thanks for your question. While an undocumented immigrant may be able to capture social security credits once they have a social security number and work authorization, an undocumented person’s income may not be used for I-864 purposes. I hope that helps!

[@AngstyPenguin69]

In part 5 (sponsor’s household size), if my joint sponsor has a spouse who he also sponsored before and she is now a lawful permanent resident, does he need to enter “1” for both numbers 3 and 6? If so, do we double count his wife in number 8? if it’s just me, my joint sponsor, and his wife (which totals to 3 people), but the wife also falls under category number 6, does that mean the total would be 4 (even though, in reality, it’s just 3 people)? I’m sorry if my question is kind of confusing, but I just want to know how I should calculate my sponsor’s household size if his wife was also sponsored by him.

[@vashtiwilkins3970]

Hi I just came across your video and I wanted to know if I claim my niece and nephew on my 2023 taxes would I did not claim them on my taxes for 2024, how many people would i need to put if I’m petitioning for my spouse and my mother ?

[@jlw.immigrationlaw]

Hello, . Without a consultation to fully assess your family size, I cannot say for sure how many people you would need to list in Form I-864. However, I can tell you that sponsors must only count dependents if they were listed on the most recent year’s tax return. If you want full assessment on your case, please schedule a consultation here: jlw.as.me/schedule.php

[@srb7683]

Hi Jennifer, I am filing 3 separate affidavits - for my wife, and 2 stepchildren. all 3 live abroad, while I am in the US. do I need to include my stepchildren in "dependent children" on my wife's and each other's affidavits?

[@jenniferwalkergates5745]

Hello, So, this calculation is always a bit tricky because you can’t count anyone twice when determining family size. You will need to include your wife and stepchildren as part of your household size, but for each affidavit you complete for them, they will be the “intending immigrant,” so you will not count them again in the parts asking about spouses and dependent children.

[@srb7683]

@@jenniferwalkergates5745 Ok, so on their own affidavits, since they are the "intending immigrant", they will not be counted again as a "dependent". However they will be a "dependent" on the affidavits where they are not the "intending immigrant" (ie each other's affidavits) - would that be accurate?

[@jenniferwalkergates5745]

@@srb7683 That sounds exactly correct!

[@srb7683]

@@jenniferwalkergates5745 Got it.. Thank you so much !!

[@Farhana-tf3nl]

The petitioner is 80 years old and retired since June 2009. Now his only income is from SSI and he hasn’t file any tax returns since 2013 as his income threshold is below taxable income. His spouse is also having SSI benefits aged around 70. The petitioner has a step son aged 45 also having SSI due to disability and living in the same house. We have a joint sponsor for our case. In the form i 864, part 5(Sponsor’s house hold size), which item number is applicable for the step son? Please answer. Thank you 🙏

[@jlw.immigrationlaw]

Hello, Farhana, In a case like the one you describe, we would probably not list the step son because he is over age 21 and because he is not listed as a dependent on the petitioner’s tax return (because the petitioner did not file a tax return). If we can be of further assistance, please don’t hesitate to reach out. We love helping clients like you. If you know anyone else who could benefit from our experience, passion, and expertise in immigration law, please tell them to reach out to us at jlw.law and schedule an appointment. Thank you!

[@Farhana-tf3nl]

@@jlw.immigrationlaw Thanks for your reply 🙏

[@michaelscience2481]

My question is related to Joint sponsor filling the I-864 (Part5 Sponsor's Household Size). My joint sponsor has sponsored her 13 years old child in 2018 and this child is still a dependent to her and has a green card. Now, in (part 5 question 4) it stated such: "If you have dependent children, enter the number here. In Part 5 Question 6, it says "If you have sponsored any other persons on Form I-864 or Form I-864EZ who are now lawful permanent residents, enter the number here." Therefore, I want to know if we must enter 1 for both questions 4 and 6 since my joint sponsor has one dependent child whom she sponsored two years ago by filling form I-864. However, if we enter 1 twice that will add up to 2 which means we double counted this child twice.

[@jenniferwalkergates5745]

Hi, Michael, You are correct - the child should not be counted twice. They may be listed as a dependent child OR as someone previously sponsored who is now a permanent resident, but should not be counted in both of those fields. I hope that helps!

[@michaelscience2481]

@@jenniferwalkergates5745 yes it did help

[@ovchloe]

Thank you for the informative video. Just to clarify to my own situation, my fiancé may have to move in with his mother and his 4 younger siblings. His mother doesn’t claim him as a dependent and he doesn’t claim any of them as dependents. Does this mean he doesn’t include any of them on the I-864? He just states himself and I (spouse)? And when figuring out how much he has to earn a year, does he just include himself and I?

[@jenniferwalkergates5745]

Hi, Paula, It seems as though your husband would have a family size of 2 - himself and you, presuming he does not have any children under age 21, no one he has sponsored before who is now a permanent resident, and no dependents on his tax return. Your mother-in-law may be able to file Form I-864A if you all wish to use her income for purposes of the affidavit of support. Her family size would include herself, you, any children under age 21 (whether or not she lists them as dependents) and any additional dependents or persons she has previously sponsored who are now permanent residents. I hope that helps.

[@ovchloe]

@@jenniferwalkergates5745 Thank you so much! That really helps. I appreciate the detailed reply and information. There's sooo much information out there and a lot of it isn't quite clear so I'm glad I came across your video 😊 Thank you again

[@jenniferwalkergates5745]

@@ovchloe Thank you for watching!

[@jhevahwilliams3481]

hello atty! should we still include the ex whom my husband sponsored before? we do not know her current immigration status. no communication since they got divorced in 2016. they were married in 2013 but my husband is not sure when did that girl got her 2yrs green card.

[@MolisMapurazi]

Hie- my husband is petitioning me( already in the US) we just the two of us and am pregnant- before he was alone no dependents. We petitioning also for my kids(his stepkids) in my home country. How do we answer to household size???

[@jlw.immigrationlaw]

Hello, In a case like the one described here, family size would include only the petitioner and beneficiary (would be 2) for the spousal petition - unless the baby is born before the I-864 is submitted, then it would be three (3). When I-864s must be done for children after their I-130s are approved, it seems like the family size would include the petitioner, the spouse, the beneficiary, and the new baby. If the petitioner is a permanent resident, the family size calculation will be a bit different if they are trying to use the same I-130 for the spouse and children beneficiaries. In that case, the family size would include all the beneficiaries on the same petition.

[@taniacarvajalpineda3211]

Thank you very informative. I am a us citizen petitioning for my minor step daughter's overseas. Their father, my husband is in my household. Which is the correct form to file? I-864 or I-864A?

[@jenniferwalkergates5745]

Hi, Tania, If you are combining your husband’s income with yours for purposes of the affidavit of support, then you need to file I-864 and your husband would file I-864A. He also needs to provide proof of work authorization, three recent paystubs, last year’s tax returns (if you filed together, you don’t need to file them again), and an employer letter confirming his employment and income. Good luck! I hope that helps.

[@taniacarvajalpineda3211]

@@jenniferwalkergates5745 thank you for your reply. I am actually not combining his income for the affidavit of support. However, we do file our taxes joint. That is why I am not sure if he also needs to file I-864A because he is in the household?

[@jenniferwalkergates5745]

@@taniacarvajalpineda3211 Hi, Tania, Without looking carefully at your case, I could not say for sure, but generally the intending immigrant does not need to file I-864A. There is a question on the I-864 that asks if the intending immigrant’s income is included in the household total, and states that, if so, they do not need to file I-864A. I hope that helps!

[@taniacarvajalpineda3211]

@@jenniferwalkergates5745 thank you so much. This is very helpful. My income alone is sufficient. My husband and I file jointly. The case is progressing with God's help. I will keep you posted. Many thanks

[@janatomlinson4418]

Hello! Thank you for this video! A bit of clarification. I am the sponsor for my husband. I do not have any kids/ other dependents that were listed on my most recent tax form. My sister, a household member has Filed I-864A in efforts to assist with meeting the 125% poverty line. If her tax transcripts showed Married, Filing Joint, but her husband was not working at the time, do I need to add her husband in Part 5, Question 7? Or would he be excluded, since he did not have an “income” that is/was being combined? Thus making my household size 3.

[@jenniferwalkergates5745]

Hello, Unfortunately, we are not able to answer specific individualized questions through the comments section here. However, in general, every household member must be included in the household size of a sponsor, whether they are earning an income or not. The important thing is to be certain that no one is counted twice - but every person must be counted once. I hope that helps!

[@doraomar5005]

Hi I included my son who passed away on June 2023 in my 2023 tax return . Should I count home on I 864 to sponsor my husband I have 2 more kids from previous marriage. So Husband 1 Me 1 2 living kids =4 Or 2 living kids 1 deceased kid =5 Am I supposed to. Put 4 or 5

[@jlw.immigrationlaw]

Hi, Dora, First of all, I’m so sorry to hear this news about your son. For this kind of situation, we would probably calculate the family size as 4 and include the death certificate among the supporting documents to demonstrate why that son is not to be included in the family size calculation.

[@pjerrotseuldieugigi4898]

Hello Dear Lawyer!!! If I sign with hand ✋ the I 864 AOS and I write the date of with computer in section b part principal sponsor signature. Please any help

[@jenniferwalkergates5745]

Hi, yes, doing that is fine.

[@pjerrotseuldieugigi4898]

@@jenniferwalkergates5745 thanks for your answer

[@talktimewitholly729]

Thank you for this information but i need a clarification my spouse is currently making above $40k and last 3 years was $30k, $27k, $26k and the household size is 2 just him and i, but now i get a RFE saying he's not qualified and requesting for a joint sponsor, and the current income for 2 household is $21,775

[@jenniferwalkergates5745]

Hi, Olly, That must be frustrating! Without looking at your RFE and the I-864 and documentation that was submitted, I can’t say for sure what is going on. However, it would definitely not be the first time I had seen USCIS issue an erroneous RFE. If you are working with an attorney, they should be able to help you. If you are not, I recommend scheduling at least a consultation with a trust-worthy immigration attorney so they can take a look and help you strategize regarding an appropriate response.