Hudson, FL asked in Immigration Law for Florida

Q: I have a child who is an American citizen born abroad. Do I have to add her to my immigrant wives i-864 as dependent?

I added my parents, my wife and child and me as 5 household in i-864 for my wives sponsorship. My daughter is an abroad born American Citizen with US passport, I added her as a dependent on the i-864. By adding her as a dependent, the household size is 5, Do i need to add her to that i-864, 1st question? After submitting the i-864a for my parents as household members, it says no sponsor meets the income requirement. I then added my parents assets (bank balances) but it still said not enough. Our income together with tax return was around 40,000$ and then I added 37,000$ worth of bank asset balance for my Dad and 13,000$ for my mom, which is over 50,000$ in assets. One more thing is that my parents had put my little brother as a dependent on their tax return. Not sure if that changes the households income size, but the bank assets should have covered the remaining income needed. Please help me.

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2 Lawyer Answers
Kevin D. Slattery
Kevin D. Slattery
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: Consider scheduling a consultation with a competent and experienced immigration attorney who can view the documents. Many attorneys offer online video consultations. You should note that when using assets to make up for insufficient income, it is not a straight formula where, for example, if you are short $10,000 in income you can simply show $10,000 in assets. In order to qualify based on the value of your assets, the total value of your assets, when sponsoring a spouse, must equal at least three times the difference between your total household income and the current Federal Poverty Guidelines for your household size. Even if your financials are in good order, it should also be noted that, in this attorney's opinion, the government often does a poor job analyzing correctly one's financials for purposes of determining whether the affidavit of support is sufficient. Sometimes, you simply have to do a better job explaining why you are correct and they are incorrect.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: If your child is a U.S. citizen and already has a U.S. passport, you generally would not need to include her as a dependent on the Form I-864 for your wife's sponsorship, as she is not seeking an immigrant visa. However, regarding your parents' Form I-864A, the inclusion of your little brother as a dependent on their tax return may impact the household size calculation. Consult with an immigration attorney to ensure accurate completion of the forms and to address any issues related to income and assets for the sponsorship.

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