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I-864 Confusion!

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Filed: Country: India
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I am confused on how to answer #21 for I-864:

21a. = 1 (since it is just my wife)

21b. = 1 (myself)

21c. = 1 (since I have spouse, whom is the person on 21a.), but heading requests Persons "NOT" sponsored in this Affidavit. Do I put wife as 1 or 0!?

The New Delhi Embassy says to list any family member I am living with , even if they file separately. I have an older brother (who files separately). Do I put him under 21d? If not, there where (since I will NOT require his income to support 3 members in Household).

I know I can not double count, but if you add all the numbers, including brother, it comes to 4??? I only have 3!

Please help

New Delhi:

"The sponsor must include himself, and all individuals living in his household in the I-864. As a result, if the sponsor lives with his brother, parents, nieces and nephews, etc., he must include them in his I-864, even if they file separate returns. The sponsor must demonstrate that he can support himself, and all individuals living with him. If their income needs to be combined in order for the sponsor to meet U.S. poverty guidelines, their financial documentation must be included as well, along with a Form I-864A."

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Filed: K-1 Visa Country: Vietnam
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I'm confused. The instructions you're getting from the embassy do not agree with the instructions from USCIS, nor with the instructions on the form itself. You are NOT required to support everyone living in the same household, and they're NOT supposed to make you demonstrate that you can. You are only supposed to list non-relatives if they are your dependents, and you are only required to list relatives who are not dependents if you are combining their income to qualify.

I suggest you contact the embassy for clarification. Their instructions are just plain wrong.

If you don't feel like fighting with the embassy over this, just list your brother on line 'e', and enter 3 on line 'h'.

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Filed: Country: India
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Thanks Jim...I agree...the instructions make no sense!

Check this out:

http://newdelhi.usembassy.gov/sponsorship.html

I'm confused. The instructions you're getting from the embassy do not agree with the instructions from USCIS, nor with the instructions on the form itself. You are NOT required to support everyone living in the same household, and they're NOT supposed to make you demonstrate that you can. You are only supposed to list non-relatives if they are your dependents, and you are only required to list relatives who are not dependents if you are combining their income to qualify.

I suggest you contact the embassy for clarification. Their instructions are just plain wrong.

If you don't feel like fighting with the embassy over this, just list your brother on line 'e', and enter 3 on line 'h'.

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Filed: Other Country: China
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I am confused on how to answer #21 for I-864:

21a. = 1 (since it is just my wife)

21b. = 1 (myself)

21c. = 1 (since I have spouse, whom is the person on 21a.), but heading requests Persons "NOT" sponsored in this Affidavit. Do I put wife as 1 or 0!?

The New Delhi Embassy says to list any family member I am living with , even if they file separately. I have an older brother (who files separately). Do I put him under 21d? If not, there where (since I will NOT require his income to support 3 members in Household).

I know I can not double count, but if you add all the numbers, including brother, it comes to 4??? I only have 3!

Please help

New Delhi:

"The sponsor must include himself, and all individuals living in his household in the I-864. As a result, if the sponsor lives with his brother, parents, nieces and nephews, etc., he must include them in his I-864, even if they file separate returns. The sponsor must demonstrate that he can support himself, and all individuals living with him. If their income needs to be combined in order for the sponsor to meet U.S. poverty guidelines, their financial documentation must be included as well, along with a Form I-864A."

For 21c you put your wife as 0. Don't list anybody twice. She is counted once as the beneficiary being sponsored. Unless you are using the income of another household member, you only list your actual dependents. Go by the excellent I-864 instructions.

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Filed: Country: India
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Then what do I make of the incredible directions from New Delhi Embassy website stating that we need to put non-dependants also!?

I can't believe they put that on an Embassy Website when that is what people turn to for help (when the Embassy NEVER picks up the phone!)

I am confused on how to answer #21 for I-864:

21a. = 1 (since it is just my wife)

21b. = 1 (myself)

21c. = 1 (since I have spouse, whom is the person on 21a.), but heading requests Persons "NOT" sponsored in this Affidavit. Do I put wife as 1 or 0!?

The New Delhi Embassy says to list any family member I am living with , even if they file separately. I have an older brother (who files separately). Do I put him under 21d? If not, there where (since I will NOT require his income to support 3 members in Household).

I know I can not double count, but if you add all the numbers, including brother, it comes to 4??? I only have 3!

Please help

New Delhi:

"The sponsor must include himself, and all individuals living in his household in the I-864. As a result, if the sponsor lives with his brother, parents, nieces and nephews, etc., he must include them in his I-864, even if they file separate returns. The sponsor must demonstrate that he can support himself, and all individuals living with him. If their income needs to be combined in order for the sponsor to meet U.S. poverty guidelines, their financial documentation must be included as well, along with a Form I-864A."

For 21c you put your wife as 0. Don't list anybody twice. She is counted once as the beneficiary being sponsored. Unless you are using the income of another household member, you only list your actual dependents. Go by the excellent I-864 instructions.

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Filed: K-1 Visa Country: Vietnam
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Thanks Jim...I agree...the instructions make no sense!

Check this out:

http://newdelhi.usembassy.gov/sponsorship.html

I'm confused. The instructions you're getting from the embassy do not agree with the instructions from USCIS, nor with the instructions on the form itself. You are NOT required to support everyone living in the same household, and they're NOT supposed to make you demonstrate that you can. You are only supposed to list non-relatives if they are your dependents, and you are only required to list relatives who are not dependents if you are combining their income to qualify.

I suggest you contact the embassy for clarification. Their instructions are just plain wrong.

If you don't feel like fighting with the embassy over this, just list your brother on line 'e', and enter 3 on line 'h'.

That's just plain wrong. Since when is DoS allowed to change the rules on behalf of USCIS?

The Delhi embassy site says:

The sponsor must demonstrate that he can support himself, and all individuals living with him.

But the I-864 instructions say:

This section asks you to add together the number of persons for whom you are financially responsible.

What's more, the I-864 requires you to list all dependents, even if they don't live with you, while the Delhi embassy instructions seem to be concerned only with who is living in your house.

I realize that the "public charge" requirement is a judgment call on the part of the embassy, but the I-864 is a legally binding contract, and they are essentially telling you to give false information on it. At the very least, I'd send them an email advising them that the instructions on their website strongly contradict the instructions on the form.

I can understand when they play around with the instructions for the I-134, since it's not much more than a cover letter for your financial documents, but the I-864 is a contract. They shouldn't be advising people to fill it out incorrectly.

Edited by JimVaPhuong

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

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Filed: Country: India
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I agree - I just don't want to pester or piss off the Embassy and say, "Hey, you are wrong on your website!"

:whistle:

Thanks Jim...I agree...the instructions make no sense!

Check this out:

http://newdelhi.usembassy.gov/sponsorship.html

I'm confused. The instructions you're getting from the embassy do not agree with the instructions from USCIS, nor with the instructions on the form itself. You are NOT required to support everyone living in the same household, and they're NOT supposed to make you demonstrate that you can. You are only supposed to list non-relatives if they are your dependents, and you are only required to list relatives who are not dependents if you are combining their income to qualify.

I suggest you contact the embassy for clarification. Their instructions are just plain wrong.

If you don't feel like fighting with the embassy over this, just list your brother on line 'e', and enter 3 on line 'h'.

That's just plain wrong. Since when is DoS allowed to change the rules on behalf of USCIS?

The Delhi embassy site says:

The sponsor must demonstrate that he can support himself, and all individuals living with him.

But the I-864 instructions say:

This section asks you to add together the number of persons for whom you are financially responsible.

What's more, the I-864 requires you to list all dependents, even if they don't live with you, while the Delhi embassy instructions seem to be concerned only with who is living in your house.

I realize that the "public charge" requirement is a judgment call on the part of the embassy, but the I-864 is a legally binding contract, and they are essentially telling you to give false information on it. At the very least, I'd send them an email advising them that the instructions on their website strongly contradict the instructions on the form.

I can understand when they play around with the instructions for the I-134, since it's not much more than a cover letter for your financial documents, but the I-864 is a contract. They shouldn't be advising people to fill it out incorrectly.

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Filed: Country: India
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I am a little lost. Even though my brother is an independent tax filer (and makes more money then me!), New Delhi website claims ANYONE living in same household (despite filing own return) needs to be added. So do I add him on Question 21E?

It is ridiculous that USCIS, which is correct, only makes you put true dependents, and that New Delhi makes you put anyone living in same home. I am fortunate that I have the income to show support for both, but this is absurd from a directions point of view. Why can they not have standardized directions for filling out forms?

http://newdelhi.usembassy.gov/sponsorship.html

"The sponsor must include himself, and all individuals living in his household in the I-864. As a result, if the sponsor lives with his brother, parents, nieces and nephews, etc., he must include them in his I-864, even if they file separate returns. The sponsor must demonstrate that he can support himself, and all individuals living with him"

I agree - I just don't want to pester or piss off the Embassy and say, "Hey, you are wrong on your website!"

:whistle:

Thanks Jim...I agree...the instructions make no sense!

Check this out:

http://newdelhi.usembassy.gov/sponsorship.html

I'm confused. The instructions you're getting from the embassy do not agree with the instructions from USCIS, nor with the instructions on the form itself. You are NOT required to support everyone living in the same household, and they're NOT supposed to make you demonstrate that you can. You are only supposed to list non-relatives if they are your dependents, and you are only required to list relatives who are not dependents if you are combining their income to qualify.

I suggest you contact the embassy for clarification. Their instructions are just plain wrong.

If you don't feel like fighting with the embassy over this, just list your brother on line 'e', and enter 3 on line 'h'.

That's just plain wrong. Since when is DoS allowed to change the rules on behalf of USCIS?

The Delhi embassy site says:

The sponsor must demonstrate that he can support himself, and all individuals living with him.

But the I-864 instructions say:

This section asks you to add together the number of persons for whom you are financially responsible.

What's more, the I-864 requires you to list all dependents, even if they don't live with you, while the Delhi embassy instructions seem to be concerned only with who is living in your house.

I realize that the "public charge" requirement is a judgment call on the part of the embassy, but the I-864 is a legally binding contract, and they are essentially telling you to give false information on it. At the very least, I'd send them an email advising them that the instructions on their website strongly contradict the instructions on the form.

I can understand when they play around with the instructions for the I-134, since it's not much more than a cover letter for your financial documents, but the I-864 is a contract. They shouldn't be advising people to fill it out incorrectly.

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Filed: K-1 Visa Country: Vietnam
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I am a little lost. Even though my brother is an independent tax filer (and makes more money then me!), New Delhi website claims ANYONE living in same household (despite filing own return) needs to be added. So do I add him on Question 21E?

It is ridiculous that USCIS, which is correct, only makes you put true dependents, and that New Delhi makes you put anyone living in same home. I am fortunate that I have the income to show support for both, but this is absurd from a directions point of view. Why can they not have standardized directions for filling out forms?

http://newdelhi.usembassy.gov/sponsorship.html

"The sponsor must include himself, and all individuals living in his household in the I-864. As a result, if the sponsor lives with his brother, parents, nieces and nephews, etc., he must include them in his I-864, even if they file separate returns. The sponsor must demonstrate that he can support himself, and all individuals living with him"

Sounds to me like you've got 3 options:

1. Fill out the form as instructed by the embassy website, and hope your brother doesn't sue you for support using the I-864 as a basis. (Please note I'm joking about your brother suing you. He couldn't really do that...)

2. Fill out the form as instructed on the form itself, and hope the embassy doesn't notice.

3. Contact the embassy in New Delhi and inform them that their instructions contradict the specific instructions on the I-864, and you need guidance. If you fill the form out as they instruct, then you're lying on a binding contract. If you fill the form out as the form instructs, then you risk having the visa denied. Tell them you want a CLEAR WRITTEN STATEMENT indicating how the form is to be filled out, and relieving you of any legal backlash in the event they instruct you to fill it out in a way which contradicts the instructions on the document. The embassy has every right to ask whose living with you, but the I-864 is NOT the proper method to collect this information.

I've bucked government agencies before. It's time consuming, expensive, and exhausting. The only satisfaction you get in the end is knowing you did the right thing. Sometimes, that's enough. Sometimes, it's not, and you'll feel you would have been better off just going with the tide.

It's your choice.

Edited by JimVaPhuong

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

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Filed: Country: India
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Thanks Jim - I think I am going to stick with Option 1. I think the last thing I want is pointing out a "mistake" on the New Delhi Embassy rules. They have written what they want clear and explicit on their website. It seems this is a point of common issue with them, and they feel they can "override" the USCIS!

Is it not a freakin contradiction to the New Delhi Embassy when they see my tax returns and see no dependents and then they see an 864 with an additional dependent!?!?!?!? Ridiculous and Absurd.

I agree with you - if I follow one rule, it disagrees with the other. It's sad that I a law abiding citizen that pays US Taxes, is claimed as an independent (and has NO dependents) all of a sudden has to claim he has dependents to satisfy an overseas consulate request. We are asked to be correct to the best of our abilities - how can you achieve that when the Embassy is contradicting its own set rules?

I am a little lost. Even though my brother is an independent tax filer (and makes more money then me!), New Delhi website claims ANYONE living in same household (despite filing own return) needs to be added. So do I add him on Question 21E?

It is ridiculous that USCIS, which is correct, only makes you put true dependents, and that New Delhi makes you put anyone living in same home. I am fortunate that I have the income to show support for both, but this is absurd from a directions point of view. Why can they not have standardized directions for filling out forms?

http://newdelhi.usembassy.gov/sponsorship.html

"The sponsor must include himself, and all individuals living in his household in the I-864. As a result, if the sponsor lives with his brother, parents, nieces and nephews, etc., he must include them in his I-864, even if they file separate returns. The sponsor must demonstrate that he can support himself, and all individuals living with him"

Sounds to me like you've got 3 options:

1. Fill out the form as instructed by the embassy website, and hope your brother doesn't sue you for support using the I-864 as a basis. (Please note I'm joking about your brother suing you. He couldn't really do that...)

2. Fill out the form as instructed on the form itself, and hope the embassy doesn't notice.

3. Contact the embassy in New Delhi and inform them that their instructions contradict the specific instructions on the I-864, and you need guidance. If you fill the form out as they instruct, then you're lying on a binding contract. If you fill the form out as the form instructs, then you risk having the visa denied. Tell them you want a CLEAR WRITTEN STATEMENT indicating how the form is to be filled out, and relieving you of any legal backlash in the event they instruct you to fill it out in a way which contradicts the instructions on the document. The embassy has every right to ask whose living with you, but the I-864 is NOT the proper method to collect this information.

I've bucked government agencies before. It's time consuming, expensive, and exhausting. The only satisfaction you get in the end is knowing you did the right thing. Sometimes, that's enough. Sometimes, it's not, and you'll feel you would have been better off just going with the tide.

It's your choice.

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Filed: K-1 Visa Country: Vietnam
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Thanks Jim - I think I am going to stick with Option 1. I think the last thing I want is pointing out a "mistake" on the New Delhi Embassy rules. They have written what they want clear and explicit on their website. It seems this is a point of common issue with them, and they feel they can "override" the USCIS!

Is it not a freakin contradiction to the New Delhi Embassy when they see my tax returns and see no dependents and then they see an 864 with an additional dependent!?!?!?!? Ridiculous and Absurd.

I agree with you - if I follow one rule, it disagrees with the other. It's sad that I a law abiding citizen that pays US Taxes, is claimed as an independent (and has NO dependents) all of a sudden has to claim he has dependents to satisfy an overseas consulate request. We are asked to be correct to the best of our abilities - how can you achieve that when the Embassy is contradicting its own set rules?

I am a little lost. Even though my brother is an independent tax filer (and makes more money then me!), New Delhi website claims ANYONE living in same household (despite filing own return) needs to be added. So do I add him on Question 21E?

It is ridiculous that USCIS, which is correct, only makes you put true dependents, and that New Delhi makes you put anyone living in same home. I am fortunate that I have the income to show support for both, but this is absurd from a directions point of view. Why can they not have standardized directions for filling out forms?

http://newdelhi.usembassy.gov/sponsorship.html

"The sponsor must include himself, and all individuals living in his household in the I-864. As a result, if the sponsor lives with his brother, parents, nieces and nephews, etc., he must include them in his I-864, even if they file separate returns. The sponsor must demonstrate that he can support himself, and all individuals living with him"

Sounds to me like you've got 3 options:

1. Fill out the form as instructed by the embassy website, and hope your brother doesn't sue you for support using the I-864 as a basis. (Please note I'm joking about your brother suing you. He couldn't really do that...)

2. Fill out the form as instructed on the form itself, and hope the embassy doesn't notice.

3. Contact the embassy in New Delhi and inform them that their instructions contradict the specific instructions on the I-864, and you need guidance. If you fill the form out as they instruct, then you're lying on a binding contract. If you fill the form out as the form instructs, then you risk having the visa denied. Tell them you want a CLEAR WRITTEN STATEMENT indicating how the form is to be filled out, and relieving you of any legal backlash in the event they instruct you to fill it out in a way which contradicts the instructions on the document. The embassy has every right to ask whose living with you, but the I-864 is NOT the proper method to collect this information.

I've bucked government agencies before. It's time consuming, expensive, and exhausting. The only satisfaction you get in the end is knowing you did the right thing. Sometimes, that's enough. Sometimes, it's not, and you'll feel you would have been better off just going with the tide.

It's your choice.

Tell you what... I'll write an email to the embassy in New Delhi. I'm not really worried about incurring anybody's wrath there, but I also don't plan on being rude. The instructions on their website are definitely in conflict with the instructions on the form, and they should be asked about it.

I'll let you know what they say.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Country: India
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Thanks Jim! I hope they reply back....of late they are like on a 2 week lag! ;)

Thanks Jim - I think I am going to stick with Option 1. I think the last thing I want is pointing out a "mistake" on the New Delhi Embassy rules. They have written what they want clear and explicit on their website. It seems this is a point of common issue with them, and they feel they can "override" the USCIS!

Is it not a freakin contradiction to the New Delhi Embassy when they see my tax returns and see no dependents and then they see an 864 with an additional dependent!?!?!?!? Ridiculous and Absurd.

I agree with you - if I follow one rule, it disagrees with the other. It's sad that I a law abiding citizen that pays US Taxes, is claimed as an independent (and has NO dependents) all of a sudden has to claim he has dependents to satisfy an overseas consulate request. We are asked to be correct to the best of our abilities - how can you achieve that when the Embassy is contradicting its own set rules?

I am a little lost. Even though my brother is an independent tax filer (and makes more money then me!), New Delhi website claims ANYONE living in same household (despite filing own return) needs to be added. So do I add him on Question 21E?

It is ridiculous that USCIS, which is correct, only makes you put true dependents, and that New Delhi makes you put anyone living in same home. I am fortunate that I have the income to show support for both, but this is absurd from a directions point of view. Why can they not have standardized directions for filling out forms?

http://newdelhi.usembassy.gov/sponsorship.html

"The sponsor must include himself, and all individuals living in his household in the I-864. As a result, if the sponsor lives with his brother, parents, nieces and nephews, etc., he must include them in his I-864, even if they file separate returns. The sponsor must demonstrate that he can support himself, and all individuals living with him"

Sounds to me like you've got 3 options:

1. Fill out the form as instructed by the embassy website, and hope your brother doesn't sue you for support using the I-864 as a basis. (Please note I'm joking about your brother suing you. He couldn't really do that...)

2. Fill out the form as instructed on the form itself, and hope the embassy doesn't notice.

3. Contact the embassy in New Delhi and inform them that their instructions contradict the specific instructions on the I-864, and you need guidance. If you fill the form out as they instruct, then you're lying on a binding contract. If you fill the form out as the form instructs, then you risk having the visa denied. Tell them you want a CLEAR WRITTEN STATEMENT indicating how the form is to be filled out, and relieving you of any legal backlash in the event they instruct you to fill it out in a way which contradicts the instructions on the document. The embassy has every right to ask whose living with you, but the I-864 is NOT the proper method to collect this information.

I've bucked government agencies before. It's time consuming, expensive, and exhausting. The only satisfaction you get in the end is knowing you did the right thing. Sometimes, that's enough. Sometimes, it's not, and you'll feel you would have been better off just going with the tide.

It's your choice.

Tell you what... I'll write an email to the embassy in New Delhi. I'm not really worried about incurring anybody's wrath there, but I also don't plan on being rude. The instructions on their website are definitely in conflict with the instructions on the form, and they should be asked about it.

I'll let you know what they say.

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Jim-

The other thing I do not understand is that if I am not supporting anyone, and Delhi is asking me to put my brother down on the I-864, since he is in my household...what do I put on the I-134 then for Quesition #8?!

I hate that this is inconsistent with my Tax Filings. It makes not sense that if I have no claimed dependents for my Tax Returns, that it be inconsistently shown for I-864 and I-134.

Thanks for your thoughts, but I am so lost on who to "please" - Consulate or US Government!?

Thanks Jim - I think I am going to stick with Option 1. I think the last thing I want is pointing out a "mistake" on the New Delhi Embassy rules. They have written what they want clear and explicit on their website. It seems this is a point of common issue with them, and they feel they can "override" the USCIS!

Is it not a freakin contradiction to the New Delhi Embassy when they see my tax returns and see no dependents and then they see an 864 with an additional dependent!?!?!?!? Ridiculous and Absurd.

I agree with you - if I follow one rule, it disagrees with the other. It's sad that I a law abiding citizen that pays US Taxes, is claimed as an independent (and has NO dependents) all of a sudden has to claim he has dependents to satisfy an overseas consulate request. We are asked to be correct to the best of our abilities - how can you achieve that when the Embassy is contradicting its own set rules?

I am a little lost. Even though my brother is an independent tax filer (and makes more money then me!), New Delhi website claims ANYONE living in same household (despite filing own return) needs to be added. So do I add him on Question 21E?

It is ridiculous that USCIS, which is correct, only makes you put true dependents, and that New Delhi makes you put anyone living in same home. I am fortunate that I have the income to show support for both, but this is absurd from a directions point of view. Why can they not have standardized directions for filling out forms?

http://newdelhi.usembassy.gov/sponsorship.html

"The sponsor must include himself, and all individuals living in his household in the I-864. As a result, if the sponsor lives with his brother, parents, nieces and nephews, etc., he must include them in his I-864, even if they file separate returns. The sponsor must demonstrate that he can support himself, and all individuals living with him"

Sounds to me like you've got 3 options:

1. Fill out the form as instructed by the embassy website, and hope your brother doesn't sue you for support using the I-864 as a basis. (Please note I'm joking about your brother suing you. He couldn't really do that...)

2. Fill out the form as instructed on the form itself, and hope the embassy doesn't notice.

3. Contact the embassy in New Delhi and inform them that their instructions contradict the specific instructions on the I-864, and you need guidance. If you fill the form out as they instruct, then you're lying on a binding contract. If you fill the form out as the form instructs, then you risk having the visa denied. Tell them you want a CLEAR WRITTEN STATEMENT indicating how the form is to be filled out, and relieving you of any legal backlash in the event they instruct you to fill it out in a way which contradicts the instructions on the document. The embassy has every right to ask whose living with you, but the I-864 is NOT the proper method to collect this information.

I've bucked government agencies before. It's time consuming, expensive, and exhausting. The only satisfaction you get in the end is knowing you did the right thing. Sometimes, that's enough. Sometimes, it's not, and you'll feel you would have been better off just going with the tide.

It's your choice.

Tell you what... I'll write an email to the embassy in New Delhi. I'm not really worried about incurring anybody's wrath there, but I also don't plan on being rude. The instructions on their website are definitely in conflict with the instructions on the form, and they should be asked about it.

I'll let you know what they say.

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Filed: K-1 Visa Country: Vietnam
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Jim-

The other thing I do not understand is that if I am not supporting anyone, and Delhi is asking me to put my brother down on the I-864, since he is in my household...what do I put on the I-134 then for Quesition #8?!

I hate that this is inconsistent with my Tax Filings. It makes not sense that if I have no claimed dependents for my Tax Returns, that it be inconsistently shown for I-864 and I-134.

Thanks for your thoughts, but I am so lost on who to "please" - Consulate or US Government!?

Why are you filling out both I-134 and I-864? The I-134 is usually used for pre-screening non-immigrant visa applicants, like K1 fiancee's. The I-864 is usually used for immigrant visa applicants. I've never heard of both being required.

12/15/2009 - K1 Visa Interview - APPROVED!

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08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Country: India
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Hi Jim,

I agree with you, however, New Delhi's Packet 3 has them enclosed for IR/CR and K-3:

http://newdelhi.usembassy.gov/ivpacket309k3.html

http://newdelhi.usembassy.gov/ivpacket309.html

I understand that it is under Employment Preference Category, however, why would it be required for K-3? I understand for K-1....

Jim-

The other thing I do not understand is that if I am not supporting anyone, and Delhi is asking me to put my brother down on the I-864, since he is in my household...what do I put on the I-134 then for Quesition #8?!

I hate that this is inconsistent with my Tax Filings. It makes not sense that if I have no claimed dependents for my Tax Returns, that it be inconsistently shown for I-864 and I-134.

Thanks for your thoughts, but I am so lost on who to "please" - Consulate or US Government!?

Why are you filling out both I-134 and I-864? The I-134 is usually used for pre-screening non-immigrant visa applicants, like K1 fiancee's. The I-864 is usually used for immigrant visa applicants. I've never heard of both being required.

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