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Daveed

General tips on filling out the I-864

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Filed: Timeline

I've never written a guide for anything before, but I have extensive knowledge of the Affidavit of Support forms and I'd like to give people a few tips... so forgive the lack of formal formatting!

It is very important to keep NVC notified of any change in your address. They can't contact you if they don't know your address!

Mind the small areas of the forms... They can be easily overlooked.

If you fill out a form incorrectly, it will be sent back to you via a checklist letter -- this is done only ONCE, so if there are still errors on your form or in your case after the first time it gets sent back to you, you'll have to download a new form. NVC will send you instructions on how to do this.

There are a few other forms besides the I-864, Affidavit of Support. There's also the I-864A, Contract with a Household Member, I-864EZ, which is a short I-864 with certain restrictions, and I-864W, which is an exemption from filing the I-864. Let me briefly go over these.

I-864A, the Household member form, can be filled out by someone both A. Living in your same place of residence, and B. somehow related to you, either by birth or marriage. Despite the lack of options on the form, cousins, in-laws, uncles, aunts, nephews, etc., can all be Household members as long as you provide proof of the relationship (this is done with Birth and Marriage certificates). NVC is supposed to accept these extra types of relationships. If you are related to the petitioner, and you live in the same residence, you have to fill out this form if you are contributing income (you can't fill out an I-864 as a Joint Sponsor). On the last page of the form, line 13 is filled out by the Sponsor (aka the petitioner, the person who filed the I-130) and line 14 must have the sponsor's original signature -- no copies allowed. The line must also be dated. The bottom half of the last page is the same deal, only the Household member fills out their name and signature here.

I-864EZ, the short I-864 form, can be filled out by the Sponsor/Petitioner if the following are true: assets are not being used, the sponsor is not self-employed, there are no joint sponsors or household members contributing income, and there are no derivative beneficiaries on the case. This form is ideal for IR/CR cases, where no derivatives are allowed anyway.

I-864W, the exemption from filing an I-864, is mainly used for sponsoring Natural Children of US Citizens under the age of 18, though the form can be used for other special cases, as described on the form itself. If you've filed an IR2 for your blood-related child under 18 years old, you will be required to fill out one of these. Stepchildren can't use this form.

As for the I-864, Affidavit of Support, there's a few things to know.

On line 23 you are asked to fill in your current individual annual income. A number has to be here, whether it's 0 or more. ALL petitioners need to fill out an I-864 (or I-864EZ if you meet the qualifications), regardless of current income, unless you qualify to use the I-864W. The number on line 23 does NOT have to be the same number on your tax form -- it can be an estimation of your current income. Question 25 should be your Adjusted Gross Income from your most recent tax year.

If you make enough money to meet Poverty Guidelines for your household size, you don't have to submit W-2s or Proof of Employment. It is always a good idea to include these documents anyway, however. They are both required if you don't meet Poverty Guidelines. If you submit proof of employment, make sure it has both the company name and a RECENT DATE on the form.

If you are using Assets, you -must- submit proof of ownership of the asset. A letter from your bank will work for Savings and Checking Accounts, a Title deed will work for Real Estate. Try to make sure the value of every asset is included on the proof.

That's all I feel like typing for now... if anyone has questions about using forms, I'd be happy to help.

Edited by Daveed
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Filed: Citizen (pnd) Country: Bulgaria
Timeline
I've never written a guide for anything before, but I have extensive knowledge of the Affidavit of Support forms and I'd like to give people a few tips... so forgive the lack of formal formatting!

It is very important to keep NVC notified of any change in your address. They can't contact you if they don't know your address!

Mind the small areas of the forms... They can be easily overlooked.

If you fill out a form incorrectly, it will be sent back to you via a checklist letter -- this is done only ONCE, so if there are still errors on your form or in your case after the first time it gets sent back to you, you'll have to download a new form. NVC will send you instructions on how to do this.

There are a few other forms besides the I-864, Affidavit of Support. There's also the I-864A, Contract with a Household Member, I-864EZ, which is a short I-864 with certain restrictions, and I-864W, which is an exemption from filing the I-864. Let me briefly go over these.

I-864A, the Household member form, can be filled out by someone both A. Living in your same place of residence, and B. somehow related to you, either by birth or marriage. Despite the lack of options on the form, cousins, in-laws, uncles, aunts, nephews, etc., can all be Household members as long as you provide proof of the relationship (this is done with Birth and Marriage certificates). NVC is supposed to accept these extra types of relationships. If you are related to the petitioner, and you live in the same residence, you have to fill out this form if you are contributing income (you can't fill out an I-864 as a Joint Sponsor). On the last page of the form, line 13 is filled out by the Sponsor (aka the petitioner, the person who filed the I-130) and line 14 must have the sponsor's original signature -- no copies allowed. The line must also be dated. The bottom half of the last page is the same deal, only the Household member fills out their name and signature here.

I-864EZ, the short I-864 form, can be filled out by the Sponsor/Petitioner if the following are true: assets are not being used, the sponsor is not self-employed, there are no joint sponsors or household members contributing income, and there are no derivative beneficiaries on the case. This form is ideal for IR/CR cases, where no derivatives are allowed anyway.

I-864W, the exemption from filing an I-864, is mainly used for sponsoring Natural Children of US Citizens under the age of 18, though the form can be used for other special cases, as described on the form itself. If you've filed an IR2 for your blood-related child under 18 years old, you will be required to fill out one of these. Stepchildren can't use this form.

As for the I-864, Affidavit of Support, there's a few things to know.

On line 23 you are asked to fill in your current individual annual income. A number has to be here, whether it's 0 or more. ALL petitioners need to fill out an I-864 (or I-864EZ if you meet the qualifications), regardless of current income, unless you qualify to use the I-864W. The number on line 23 does NOT have to be the same number on your tax form -- it can be an estimation of your current income. Question 25 should be your Adjusted Gross Income from your most recent tax year.

If you make enough money to meet Poverty Guidelines for your household size, you don't have to submit W-2s or Proof of Employment. It is always a good idea to include these documents anyway, however. They are both required if you don't meet Poverty Guidelines. If you submit proof of employment, make sure it has both the company name and a RECENT DATE on the form.

If you are using Assets, you -must- submit proof of ownership of the asset. A letter from your bank will work for Savings and Checking Accounts, a Title deed will work for Real Estate. Try to make sure the value of every asset is included on the proof.

That's all I feel like typing for now... if anyone has questions about using forms, I'd be happy to help.

Hello Daveed,

Thanks for all that info, i think a lot of people will find it useful.

I have a question for u - why would sb want to submit that I-864A form instead of the regular I-864 form?Does it give u any advantages over the other one?

And i have one more question - what is the requirement of this?do u have to have a different address from ur parents or sth else?

Thanks for the help...

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I've never written a guide for anything before, but I have extensive knowledge of the Affidavit of Support forms and I'd like to give people a few tips... so forgive the lack of formal formatting!

I-864A, the Household member form, can be filled out by someone both A. Living in your same place of residence, and B. somehow related to you, either by birth or marriage. Despite the lack of options on the form, cousins, in-laws, uncles, aunts, nephews, etc., can all be Household members as long as you provide proof of the relationship (this is done with Birth and Marriage certificates). NVC is supposed to accept these extra types of relationships. If you are related to the petitioner, and you live in the same residence, you have to fill out this form if you are contributing income (you can't fill out an I-864 as a Joint Sponsor). On the last page of the form, line 13 is filled out by the Sponsor (aka the petitioner, the person who filed the I-130) and line 14 must have the sponsor's original signature -- no copies allowed. The line must also be dated. The bottom half of the last page is the same deal, only the Household member fills out their name and signature here.

Can you please let us know how and why you state that you have extensive knowledge of the I-864 forms?

It is also my understanding that someone living in the sponsors household can either combine their income with the sponsor on the sponsors I-864 whereby I-864A is used, or they can complete an I-864 and be a joint sponsor. Anyone?

Edited by aussiewench

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I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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