Jump to content
semidevil

assistance with filing out i864

 Share

9 posts in this topic

Recommended Posts

Filed: Other Timeline

a couple of questions that I can't figure out. I am living abroad, so I"m using my U.S home's rental income (I864), my mom's income (I864), and I also had my dad sign the I864A even though he has 0 income (retired). The reason is because for some reason, he is listed first on my parent's tax transcript, and I was told on the forums this might be the best way to handle and cover my bases.

My questions on the I864 for myself:

Am I considered 'self employed' if I rent out my home as my primary source of income( I have a mgmnt company do everything for me including collecting rent)

Part 5 - household size: the total household size should be 2 right? It should only be me and my wife. I initially had a total of 3 because I counted '1' on #2, but I don't know if that is considered 'counting twice.'

Part 6 - Income you are using for any person who has counted in your household size - My place of domicile is currently listed the same as my parents, but they are not claimed in my taxes, and I am not claimed in their taxes. This should be left blank right?

If this is the case, then on my mom's i864, do I list my dad on Part 6?

As for filling out the form, do you think they will accept the form if the form has whiteout/correction tape for mistakes and rewritten answers? Since I got their signatures a couple months before the 2013 tax deadline, I need to make changes but it's a lot easier to correct the existing signed form rather than having them redo and mail me the signatures. last question relating to this is, is it legal for me to sign the 864 on my parent's behalf?

Edited by semidevil
Link to comment
Share on other sites

My "answers" are in bold after each question and are my opinion speaking as an accountant that lives in the state of Georgia:

a couple of questions that I can't figure out. I am living abroad, so I"m using my U.S home's rental income (I864), my mom's income (I864), and I also had my dad sign the I864A even though he has 0 income (retired). The reason is because for some reason, he is listed first on my parent's tax transcript, and I was told on the forums this might be the best way to handle and cover my bases.

My questions on the I864 for myself:

Am I considered 'self employed' if I rent out my home as my primary source of income( I have a mgmnt company do everything for me including collecting rent)

Part 5 - household size: the total household size should be 2 right? It should only be me and my wife. I initially had a total of 3 because I counted '1' on #2, but I don't know if that is considered 'counting twice.'

"SELF-EMPLOYED?" YES AND NO. INCOME IS INCOME NO MATTER HOW YOU EARN IT. BUT, DEPENDING ON HOW YOU FILE, THE RENTAL INCOME MAY BE TREATED AS INCOME OR INVESTMENT INCOME AND TAXED/TREATED ACCORDINGLY..

FOR NOW, YOUR HOUSEHOLD SIZE IS 2! AND, WILL NOT CHANGE UNTIL YOU HAVE KIDS AND/OR PROVIDE SOLE CARE FOR ANOTHER INDIVIDUAL.

Part 6 - Income you are using for any person who has counted in your household size - My place of domicile is currently listed the same as my parents, but they are not claimed in my taxes, and I am not claimed in their taxes. This should be left blank right?

If this is the case, then on my mom's i864, do I list my dad on Part 6?\

NOT A PROBLEM REGARDING THIS QUESTION.

As for filling out the form, do you think they will accept the form if the form has whiteout/correction tape for mistakes and rewritten answers? Since I got their signatures a couple months before the 2013 tax deadline, I need to make changes but it's a lot easier to correct the existing signed form rather than having them redo and mail me the signatures. last question relating to this is, is it legal for me to sign the 864 on my parent's behalf?

AGAIN, JUST MY OPINION, IT WOULD BE IN YOUR BEST INTEREST TO HAVE ANY DOCUMENT WITH ORIGINAL SIGNATURE(S) TO NOT HAVE ANY "CORRECTIONS" IN ANY MANNER ON THE DOCUMENT. FOR EXAMPLE, I WOULD NOT ACCEPT A DOCUMENT WITH ORIGINAL SIGNAURES AND WITEOUT/CORRECTIONS MADE ON THE DOCUMENT.

FINALLY, UNLESS YOU HAVE WRITTEN "POWER OF ATTORNEY" FOR BOTH YOUR PARENTS YOU WILL NOT BE "LEGALLY" ABLE TO SIGN THEIR NAME(S) TO ANY DOCUMENT. YOU CAN SIGN THE DOCUMENTS BUT, THEY WILL BE SUBJECT TO CLOSE DISCRETION.

Best of luck!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Mexico
Timeline

How do you do your taxes? You would be the one to know how you file. http://www.irs.gov/publications/p527/index.html

If it is just you and your wife, then it is a household of 2. You would put a 1 for Part 5 #1 and #2 and the 2 for the total in #8. Your parents are not listed on your I-864.

Your mother will list your father in Part 6 #6 and check the box for #11.

I would not use white-out or correction tape, and your parents have to sign their own forms.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Link to comment
Share on other sites

Filed: Other Timeline

thanks guys. I have one more question regarding the i864a and i864.

My mom is the sponsor who will fill the i864, and my dad is hh member who will fill out the 864a. for the i864a, part 2 and 3 where we put in the signatures. the 'sponsor' signature' is my mom correct? Although I'm also a sponsor, it's not my signature because my dad's 864a is tied to my mom's i864, and not mine.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Mexico
Timeline

That is correct. Your mother will sign her husband's I-864A where it asks for sponsor. Then he signs his I-864A in the section below that.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Link to comment
Share on other sites

Filed: Timeline

As for filling out the form, do you think they will accept the form if the form has whiteout/correction tape for mistakes and rewritten answers? Since I got their signatures a couple months before the 2013 tax deadline, I need to make changes but it's a lot easier to correct the existing signed form rather than having them redo and mail me the signatures. last question relating to this is, is it legal for me to sign the 864 on my parent's behalf?

No, this is wrong. Altering a document after someone has signed it is fraudulent. Make the necessary changes and re-sign. If you obtain legal power of attorney from your parents then you could sign on their behalf.

Link to comment
Share on other sites

Filed: Other Timeline

How do you do your taxes? You would be the one to know how you file. http://www.irs.gov/publications/p527/index.html

If it is just you and your wife, then it is a household of 2. You would put a 1 for Part 5 #1 and #2 and the 2 for the total in #8. Your parents are not listed on your I-864.

Your mother will list your father in Part 6 #6 and check the box for #11.

I would not use white-out or correction tape, and your parents have to sign their own forms.

thanks. and my mom does NOT list me on my her i864, #7(non-dependent relatives living in your residence), because that is for people currently living in the same hh. Even I list their address as my domicile, I am currently abroad, so it doesn't count...right?

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Mexico
Timeline

thanks. and my mom does NOT list me on my her i864, #7(non-dependent relatives living in your residence), because that is for people currently living in the same hh. Even I list their address as my domicile, I am currently abroad, so it doesn't count...right?

No, household size is not based on who shares the same residence/address. If you are not a dependent on your mother's taxes, then you are not counted in her household size.

How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Link to comment
Share on other sites

Hello everyone!

On my taxes I have me and my daughter as dependents and my son as qualifying child, am I supposed to put 4 in the household on the I-864?

3 for me and the kids + my husband?

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...