Legal Question in Immigration Law in Ohio

I am a U.S. citizen, and I am a petitioner for my older sister's family (3 people), my brother's family (2 people), and my younger sister's family (3 people). Now it's time for me to file an I-864 Affidavit of Support for all my siblings, but in the I-864 form part 5, I was confused on questions A through G. How do I count my sponsor's household size, because each of my siblings have their own case number. For example, if I do my older sister's case now, do I use a family size of 7 to match 2009 poverty guidelines or do I have to add up all of my sibling's family members together? Different size family units have different poverty guidelines.

I looking forward to hear from you.


Asked on 8/07/09, 2:01 am

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

I think you might be doing this incorrectly. Each of your siblings must be a beneficiary of a separate I-130 that you filed separately for them and their accompanying families. Have you checked that the priority dates for those I-130s are current yet? Depending on what country you guys are from, visa numbers for the brother-sister category is currently at least 11 years behind before you can even attempt to file the I-864 Affidavit of Support to accompany the main I-485 Adjustment of Status applications (for permanent residence). In other words, all this filing now would be a waste of time because it's premature unless you filed the I-130s for your siblings prior to Dec. 22, 1998 currently (for Mexico and Philippines it's even backed up worse). Also, the complication is that if you filed the I-130s at different dates -- their priority dates would all be different, although it could have been that you filed them all at the same time, so they have the same priority date.

But assuming that your priority dates were prior to Dec. 22, 1998 (an interesting case of 3 families immigrating at the same time!), then each family must be have its own separate I-864 now, not one single I-864! However, even if done correctly with three separate I-864s, USCIS will ultimately require you to have enough income to sponsor at least 8 people (3 plus 2 plus 3) plus your own household size, which is a lot of people, although on each I-864, obviously, each sibling's family size is less. You may need a joint sponsor due to the high income level necessary or you may not, if you are a high-income earner.

The way your question is asked right now is kind of confusing without all the facts. If desired, you're welcome to email my office for more info.

Larry L. Doan, Esq.

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

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Answered on 8/07/09, 2:34 am


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