Affidavit of Support Co-sponsorship Question

[Zefah 0]

Greetings all!

After searching the internet for information and help about completing the Affidavit of Support (I-864) I discovered these wonderful forums.

Instead of searching through vague guides that may or may not apply to my situation, I decided I would try asking you fine people for advice.

Allow me to briefly detail my story. I met my wife (who is Japanese) in my hometown of Seattle while she was on a study-abroad program back in 2003. We

hit it off immediately and went through a mostly long-distance relationship for 6 years until I graduated University and found a job in Japan in November of 2008. We moved in together this February and got married at a city hall in Tokyo in April. It had always been our plan to move back to Seattle and we figured the sooner we moved the better so we began to gather the materials needed for the visa application process. After getting everything together for the I-130 Petition, we paid a visit to the American embassy in Tokyo and everything went smoothly. The petition was approved and we received a notice in the mail a week later. Now we are currently working on the next step and obviously the Affidavit of Support (I-864) is a big part of that.

Because I came to Japan soon after graduating University I have never had a full-time job in the States and my income last year from part-time work doesn't quite meet the 125% above the poverty line requirement. I currently have a full-time job that pays decently in Japan, but obviously that doesn't count for anything for the I-864. I have therefore decided to do a joint sponsorship with my parents who gladly agreed to help, but there is one small detail that has me confused about what I need to do. My parents have always filed their tax returns jointly and thus do not have separate tax returns. I am fairly certain this will not be a problem for the I-864, but I do not know exactly how I should proceed considering that each sponsor needs to fill out an I-864 form. My parents are obviously two separate people and I believe that means they count as two separate sponsors, but there is only one tax return between them, so I am not sure how to handle the "individual income" field on the I-864.

My question is: What should I do when I need to jointly sponsor with two parents who jointly file their tax returns? Do they need to fill out one I-864 each? If so, how should each of them fill out the income section of the form? I read somewhere that one of them should fill out an I-864 while the other fills out an I-864A. If anyone on these forums has had a similar experience to mine, I would greatly appreciate any advice you can spare.

Sorry for the long post and thanks in advance for any help!

[sjr09 155]

Greetings all!

After searching the internet for information and help about completing the Affidavit of Support (I-864) I discovered these wonderful forums.

Instead of searching through vague guides that may or may not apply to my situation, I decided I would try asking you fine people for advice.

Allow me to briefly detail my story. I met my wife (who is Japanese) in my hometown of Seattle while she was on a study-abroad program back in 2003. We

hit it off immediately and went through a mostly long-distance relationship for 6 years until I graduated University and found a job in Japan in November of 2008. We moved in together this February and got married at a city hall in Tokyo in April. It had always been our plan to move back to Seattle and we figured the sooner we moved the better so we began to gather the materials needed for the visa application process. After getting everything together for the I-130 Petition, we paid a visit to the American embassy in Tokyo and everything went smoothly. The petition was approved and we received a notice in the mail a week later. Now we are currently working on the next step and obviously the Affidavit of Support (I-864) is a big part of that.

Because I came to Japan soon after graduating University I have never had a full-time job in the States and my income last year from part-time work doesn't quite meet the 125% above the poverty line requirement. I currently have a full-time job that pays decently in Japan, but obviously that doesn't count for anything for the I-864. I have therefore decided to do a joint sponsorship with my parents who gladly agreed to help, but there is one small detail that has me confused about what I need to do. My parents have always filed their tax returns jointly and thus do not have separate tax returns. I am fairly certain this will not be a problem for the I-864, but I do not know exactly how I should proceed considering that each sponsor needs to fill out an I-864 form. My parents are obviously two separate people and I believe that means they count as two separate sponsors, but there is only one tax return between them, so I am not sure how to handle the "individual income" field on the I-864.

My question is: What should I do when I need to jointly sponsor with two parents who jointly file their tax returns? Do they need to fill out one I-864 each? If so, how should each of them fill out the income section of the form? I read somewhere that one of them should fill out an I-864 while the other fills out an I-864A. If anyone on these forums has had a similar experience to mine, I would greatly appreciate any advice you can spare.

Sorry for the long post and thanks in advance for any help!

Each parent will fill out the I-864 since they file jointly then only one tax return is needed from them. Now if they, your parents are using assets like pensions, life ins policy’s and so on that’s the only different in each of the forms filled out. Don’t for get you will need to send a copy of parents birth cert. to prove US citizenship.

EDIT One more thing needs to be parents original signature on the I-864 sign it in blue ink!

Edited August 20, 2009 by sjr09

[Zefah 0]

Each parent will fill out the I-864 since they file jointly then only one tax return is needed from them. Now if they, your parents are using assets like pensions, life ins policy’s and so on that’s the only different in each of the forms filled out. Don’t for get you will need to send a copy of parents birth cert. to prove US citizenship.

EDIT One more thing needs to be parents original signature on the I-864 sign it in blue ink!

Thank you so much for the reply!

So both of my parents should fill out the I-864? What should they fill in for the "individual income" field? Should they each write in the same amount or will they need to add up their own W2 forms to find out what their individual income is? Sorry for what might be obvious, but it just seems weird to me that both of them would file two separate forms with the same number for their income. They do not plan on using asset information because their income surpasses the 125% above poverty level requirement.

My parents keep all of their W2s and tax return information on file, so I plan on providing their information for the last three years, but is it necessary to obtain official transcripts from the IRS? My parents always file their taxes using a program called TurboTax and print out the forms that they receive at the end of the process. Would copies of those forms including copies of all of their W2 forms and 1099 forms be sufficient, or should I really order official transcripts from the IRS? I think it costs around $57 per transcript and I would prefer not to pay that if it is not necessary.

I also need to fill out an I-864 form as well even if my income from the last few years did not meet the poverty level requirements, correct? Should I even bother including tax information for the last three years if I have not met the poverty line for any of those years?

Sorry again for all of the questions and thanks in advance for any help!

Edited August 21, 2009 by Zefah

[Zefah 0]

Okay after reading up some more I have managed to confuse myself even further. It seems the the I-864 is only for non-household members and the I-864A is something that a household member fills out? I lived with my parents before I came to Japan in November of 2008. I have lived in Japan since then, but assuming everything goes smoothly I plan to return to the United States in February of 2010 and live with my parents again for at least 1 month while looking for a job and an apartment with my wife.

What exactly is the definition of a household member? Do my parents still count as household members if my primary residence in the United States is the same address as theirs even if I have been living abroad for over a year? Is there anywhere that provides an exact definition of what constitutes a household member?

If my parents do count as household members (in relation to me), should they fill out an I-864A even if they are the only ones who meet the income requirements? If I understand this correctly and assuming my parents count as household members, I need to file an I-864, but since it doesn't meet the income requirements I will have both of my parents (who jointly file their taxes) submit individual I-864A forms to supplement my income. Is that correct?

If my parents do not count as household members (in relation to me), should I still be submitting an I-864? If so, do my parents need to submit an I-864 as well? Should both of them submit an I-864 or should one of them (the biggest earner) submit an I-864 and the other parent submit an I-864A?

Sorry for all of the questions, but I am finding this Affidavit of Support business to be extremely confusing. I would greatly appreciate any help on the matter.

[Malrothien 6]

Household members would be for if you are currently living with your parents.

[Zefah 0]

Household members would be for if you are currently living with your parents.

I read somewhere that they really only take your permanent US address into consideration (assuming you have one). I am currently living abroad, but my permanent address in the US is the same as my parents and I intend to move back there when I return with my wife for at least a month. Do you think my parents count as household members in this situation or do they not count because I am currently living abroad?

[sjr09 155]

Each parent will fill out the I-864 since they file jointly then only one tax return is needed from them. Now if they, your parents are using assets like pensions, life ins policy’s and so on that’s the only different in each of the forms filled out. Don’t for get you will need to send a copy of parents birth cert. to prove US citizenship.

EDIT One more thing needs to be parents original signature on the I-864 sign it in blue ink!

Thank you so much for the reply!

So both of my parents should fill out the I-864? What should they fill in for the "individual income" field? Should they each write in the same amount or will they need to add up their own W2 forms to find out what their individual income is? Sorry for what might be obvious, but it just seems weird to me that both of them would file two separate forms with the same number for their income. They do not plan on using asset information because their income surpasses the 125% above poverty level requirement.

My parents keep all of their W2s and tax return information on file, so I plan on providing their information for the last three years, but is it necessary to obtain official transcripts from the IRS? My parents always file their taxes using a program called TurboTax and print out the forms that they receive at the end of the process. Would copies of those forms including copies of all of their W2 forms and 1099 forms be sufficient, or should I really order official transcripts from the IRS? I think it costs around $57 per transcript and I would prefer not to pay that if it is not necessary.

I also need to fill out an I-864 form as well even if my income from the last few years did not meet the poverty level requirements, correct? Should I even bother including tax information for the last three years if I have not met the poverty line for any of those years?

Sorry again for all of the questions and thanks in advance for any help!

the individual income from each parents job, with W2 1099's and so on.

[sjr09 155]

Household members would be for if you are currently living with your parents.

I read somewhere that they really only take your permanent US address into consideration (assuming you have one). I am currently living abroad, but my permanent address in the US is the same as my parents and I intend to move back there when I return with my wife for at least a month. Do you think my parents count as household members in this situation or do they not count because I am currently living abroad?

So what is your domicile? Japan or the US?

[Zefah 0]

Household members would be for if you are currently living with your parents.

I read somewhere that they really only take your permanent US address into consideration (assuming you have one). I am currently living abroad, but my permanent address in the US is the same as my parents and I intend to move back there when I return with my wife for at least a month. Do you think my parents count as household members in this situation or do they not count because I am currently living abroad?

So what is your domicile? Japan or the US?

Currently it is in Japan and has been since November of 2008. I had to write my permanent US address when filing the I-130 petition at the embassy in Tokyo, though, and for that I put down my parents' address where I also intend to reside upon my return to the United States. I am just confused whether my parents count as household members or not.

[Zefah 0]

Each parent will fill out the I-864 since they file jointly then only one tax return is needed from them. Now if they, your parents are using assets like pensions, life ins policy’s and so on that’s the only different in each of the forms filled out. Don’t for get you will need to send a copy of parents birth cert. to prove US citizenship.

EDIT One more thing needs to be parents original signature on the I-864 sign it in blue ink!

Thank you so much for the reply!

So both of my parents should fill out the I-864? What should they fill in for the "individual income" field? Should they each write in the same amount or will they need to add up their own W2 forms to find out what their individual income is? Sorry for what might be obvious, but it just seems weird to me that both of them would file two separate forms with the same number for their income. They do not plan on using asset information because their income surpasses the 125% above poverty level requirement.

My parents keep all of their W2s and tax return information on file, so I plan on providing their information for the last three years, but is it necessary to obtain official transcripts from the IRS? My parents always file their taxes using a program called TurboTax and print out the forms that they receive at the end of the process. Would copies of those forms including copies of all of their W2 forms and 1099 forms be sufficient, or should I really order official transcripts from the IRS? I think it costs around $57 per transcript and I would prefer not to pay that if it is not necessary.

I also need to fill out an I-864 form as well even if my income from the last few years did not meet the poverty level requirements, correct? Should I even bother including tax information for the last three years if I have not met the poverty line for any of those years?

Sorry again for all of the questions and thanks in advance for any help!

the individual income from each parents job, with W2 1099's and so on.

Thank you!

So they should just add up their W2 forms to find their individual income and write that down in the "individual income field", but attach their joint tax return as evidence? Considering all of the documents will be turned in together, do you think it would be a good idea to two copies of their jointly filed tax return (one for each sponsor) or will a single copy suffice for both of them?

Also, do you know which forms they need to fill out? I am fairly certain now that I need to fill out an I-864 regardless of my income, but what about my parents? Should they both file I-864A forms to supplement my income or do they need to fill out the I-864? Do they both need to fill out I-864s or should one of them file an I-864A to show that they combine their incomes when they file their taxes?

This whole thing is just so confusing...

[sjr09 155]

Household members would be for if you are currently living with your parents.

I read somewhere that they really only take your permanent US address into consideration (assuming you have one). I am currently living abroad, but my permanent address in the US is the same as my parents and I intend to move back there when I return with my wife for at least a month. Do you think my parents count as household members in this situation or do they not count because I am currently living abroad?

So what is your domicile? Japan or the US?

Currently it is in Japan and has been since November of 2008. I had to write my permanent US address when filing the I-130 petition at the embassy in Tokyo, though, and for that I put down my parents' address where I also intend to reside upon my return to the United States. I am just confused whether my parents count as household members or not.

You really need to read this and all of it! http://www.uscis.gov/files/form/I-864.pdf

15. Country of Domicile. This question is asking you toindicate the country where you maintain your principalresidence and where you plan to reside for the foreseeablefuture. If your mailing address and/or place of residence isnot in the United States, but your country of domicile is theUnited States, you must attach a written explanation anddocumentary evidence indicating how you meet the domicilerequirement. If you are not currently living in the UnitedStates, you may meet the domicile requirement if you cansubmit evidence to establish that any of the followingconditions apply:

B. You are living abroad temporarily.If you are not currently living in the United States, you mustshow that your trip abroad is temporary and that you havemaintained your domicile in the United States. You can showthis by providing proof of your voting record in the UnitedStates, proof of paying U.S. State or local taxes, proof ofhaving property in the United States, proof of maintainingbank or investment accounts in the United States, or proof ofhaving a permanent mailing address in the United States.Other proof could be evidence that you are a student studyingabroad or that a foreign government has authorized atemporary stay.

[Zefah 0]

Household members would be for if you are currently living with your parents.

I read somewhere that they really only take your permanent US address into consideration (assuming you have one). I am currently living abroad, but my permanent address in the US is the same as my parents and I intend to move back there when I return with my wife for at least a month. Do you think my parents count as household members in this situation or do they not count because I am currently living abroad?

So what is your domicile? Japan or the US?

Currently it is in Japan and has been since November of 2008. I had to write my permanent US address when filing the I-130 petition at the embassy in Tokyo, though, and for that I put down my parents' address where I also intend to reside upon my return to the United States. I am just confused whether my parents count as household members or not.

You really need to read this and all of it! http://www.uscis.gov/files/form/I-864.pdf

15. Country of Domicile. This question is asking you toindicate the country where you maintain your principalresidence and where you plan to reside for the foreseeablefuture. If your mailing address and/or place of residence isnot in the United States, but your country of domicile is theUnited States, you must attach a written explanation anddocumentary evidence indicating how you meet the domicilerequirement. If you are not currently living in the UnitedStates, you may meet the domicile requirement if you cansubmit evidence to establish that any of the followingconditions apply:

B. You are living abroad temporarily.If you are not currently living in the United States, you mustshow that your trip abroad is temporary and that you havemaintained your domicile in the United States. You can showthis by providing proof of your voting record in the UnitedStates, proof of paying U.S. State or local taxes, proof ofhaving property in the United States, proof of maintainingbank or investment accounts in the United States, or proof ofhaving a permanent mailing address in the United States.Other proof could be evidence that you are a student studyingabroad or that a foreign government has authorized atemporary stay.

Thanks again for the help! I remember reading somewhere else that they might be considered household members of mine even though I currently live abroad, but since I can't find that I will go with the official word that you linked to me and is on the I-864 forms.

So I think I have this down now. I need to file an I-864 regardless of my income. Because my income is not enough, I need to find a joint sponsor (co-sponsor? are these two different?) which my parents have accepted to be. My father is the primary earner in my family and his income alone is enough to surpass the 125% above poverty line, but because he files jointly with my mother (whose income is less than my father's, but not negligible) she will need to file an I-864 as well. In the "individual income" field on the I-864 they will each write in the sum of their W2 forms and in the "household income" field they will write their combined income as it appears on their tax return. They will then both provide copies of their joint tax return (1 copy for each I-864) as well as copies of their supporting documents (W2 forms, etc...). Is this all correct so far? In my situation there needs to be a total of 3 I-864 forms (1 from me, 1 from my father and 1 from my mother), correct?

My only confusion is why my mother does not fill in an I-864A form in this situation. From what I read it sounds like the I-864A would be applicable in this situation because while my father is the primary earner, my mother's income is used to supplement his when they file their taxes jointly every year. Is the word "household member" on the I-864A only used in relation to the primary petitioned / sponsor (me in this case) and not in relation to the joint sponsor (my father)?

Sorry again for all of the questions, but no matter how many times I read over the forms and these forums I can't seem to find a definitive answer. I called the American embassy in Tokyo yesterday (they charged me $20 for the phone call!), but unfortunately the person who talked to me didn't seem to know exactly what to do. She said that she *thinks* I should have both of my parents just file the I-864 which is what I plan on doing.

[trailmix 77]

Thanks again for the help! I remember reading somewhere else that they might be considered household members of mine even though I currently live abroad, but since I can't find that I will go with the official word that you linked to me and is on the I-864 forms.

I understand what you are saying about household members. Your Father and Mother could probably both use the I-864A - if you are using them in your calculation of 'household members' on your I-864. Then again, do they really have the same principal residence as you? They will when you move, but do they now - I don't think so. Principal residence is not to be confused with 'domicile'.

Sponsors who use Form I-864 may qualify based only upon their own income and/or assets if either or both are sufficient to reach the income requirement. If, however, the sponsor’s combined income and assets are not sufficient to meet the governing threshold, the sponsor may include the income and/or assets of another household member if the household member: link

· Is at least 18 years old;

· Is included in the calculation of household size;

· Has the same principal residence as the sponsor (or is the sponsor’s spouse); and

· Has completed and signed a Form I-864A.

USCIS should ensure that each Form I-864A is completed and signed by the sponsor and the household member.

From form I-864A:

If you check box b (not married to the sponsor), you must provide proof that you currently have the same principal residence as the sponsor and that your income will continue from the same source.

So I think I have this down now. I need to file an I-864 regardless of my income. Because my income is not enough, I need to find a joint sponsor (co-sponsor? are these two different?) which my parents have accepted to be. My father is the primary earner in my family and his income alone is enough to surpass the 125% above poverty line, but because he files jointly with my mother (whose income is less than my father's, but not negligible) she will need to file an I-864 as well.

The 'correct' term is joint sponsor - or that is what they use on most documents. Co-sponsor works just as well.

Technically, according to the guidelines, maybe your Mother doesn't have to. However there have been a few cases lately where, at the interview, the CO has asked for an I-864 from the joint tax filer - they may understand the guidelines differently - this may go back to the whole Sponsor vs Joint sponsor interpretation.

(same link as above) - If a sponsor filed a joint tax return with a spouse, but is qualifying using only his/her own individual income, the sponsor must submit evidence of that individual income. This evidence would include, for example, the sponsor’s own W-2(s), Wage and Tax Statement, and if necessary to reach the income requirement, evidence of other income reported to IRS which can be attributed to him/her, usually on Forms 1099.

In the "individual income" field on the I-864 they will each write in the sum of their W2 forms and in the "household income" field they will write their combined income as it appears on their tax return. They will then both provide copies of their joint tax return (1 copy for each I-864) as well as copies of their supporting documents (W2 forms, etc...). Is this all correct so far? In my situation there needs to be a total of 3 I-864 forms (1 from me, 1 from my father and 1 from my mother), correct?

Yes

My only confusion is why my mother does not fill in an I-864A form in this situation. From what I read it sounds like the I-864A would be applicable in this situation because while my father is the primary earner, my mother's income is used to supplement his when they file their taxes jointly every year. Is the word "household member" on the I-864A only used in relation to the primary petitioned / sponsor (me in this case) and not in relation to the joint sponsor (my father)?

The way I read it is the way you have outlined it - with Sponsor vs joint sponsor. Your father is not the sponsor, he is the joint sponsor.

Sorry again for all of the questions, but no matter how many times I read over the forms and these forums I can't seem to find a definitive answer. I called the American embassy in Tokyo yesterday (they charged me $20 for the phone call!), but unfortunately the person who talked to me didn't seem to know exactly what to do. She said that she *thinks* I should have both of my parents just file the I-864 which is what I plan on doing.

The affidavit of support documents are not 100% clear and transparent. I can only surmise that they were written at a time when immigration lawyers ruled the U.S. immigration process and therefore several of the items are implied rather than spelled out - ie: you are supposed to know a lot of this before you read the guidelines. A few examples on the forms might help!

I called one of the pay by the minute lines for the consulate here in Calgary once. It cost me $36 to explain to the person on the phone what an N-600 is.

Edited August 22, 2009 by trailmix

[Zefah 0]

Thanks so much for all of the help!

Now all I need to do is get the documents and copies from my parents, fill out all of the forms, figure out exactly what type of physical examination I need my wife to get and where I can get it, and find out how I can actually make an appointment for the interview.

The I-130 approval letter they sent us really had very little information on it...