San Antonio, TX asked in Immigration Law for Texas

Q: As a US citizen petitioning for mom, on form I-864 do I need to add as part of household my other US citizen siblings?

US citizen daughter petitioning mom.

Dad is Permanent resident.

Will add dad in the I-864 form to help with income since I don’t make enough. But do I also need to show that my household also includes three US citizen sisters ?

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2 Lawyer Answers

A: You may add a sibling as a household member in the affidavit of support if the sibling has the same principal residence as yours

James L. Arrasmith
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Answered

A: When petitioning for your mother using Form I-864 (Affidavit of Support), you generally do not need to include your U.S. citizen siblings as part of your household. The primary purpose of Form I-864 is to demonstrate that you, as the sponsor, have sufficient income and/or assets to support the intending immigrant (your mother) and ensure that she will not become a public charge.

Here's what you should include in your household size:

1. Yourself (the sponsor)

2. Your mother (the intending immigrant)

3. Your spouse (if you're married)

4. Your father (if he's being included to help meet the income requirements)

5. Any of your children under 21 years old

6. Any other dependents listed on your most recent federal income tax return

Since your U.S. citizen sisters are likely not your dependents, you do not need to include them in your household size on Form I-864. However, if any of your sisters are under 21 and you claim them as dependents on your tax return, you should include them.

Remember that if you are using your father's income to help meet the requirements, he will need to complete Form I-864A (Contract Between Sponsor and Household Member) as a household member contributing to the sponsor's income.

It's always a good idea to consult with an immigration attorney to ensure that your specific situation is being handled correctly and that all necessary documentation is provided.

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