I-864 and I-864A

[*SM* 0]

Hi Everybody

Here is my case, i entered in the USA with a k-1 visa, my mother in law was our sponsor for the fiance visa because my husband was not working, because he spent a long time with me in Brazil. He started to work this month, so my mother in law will continue as our sponsor. We live in the same house, my mother in law, she is divorced, my husband and I.

Now the main question is, Do I have to fill the I-864 in my husband's name and the I-864 in my mother in law's name?

If is the case to fill the I-864 in my husband name how are we going to answer his income, he doesnt have, and federal income tax information, these question number 25, doenst have a option for someone without income.

Thanks

[Nich-Nick 3,354]

Hi Everybody

Here is my case, i entered in the USA with a k-1 visa, my mother in law was our sponsor for the fiance visa because my husband was not working, because he spent a long time with me in Brazil. He started to work this month, so my mother in law will continue as our sponsor. We live in the same house, my mother in law, she is divorced, my husband and I.

Now the main question is, Do I have to fill the I-864 in my husband's name and the I-864 in my mother in law's name?

If is the case to fill the I-864 in my husband name how are we going to answer his income, he doesnt have, and federal income tax information, these question number 25, doenst have a option for someone without income.

Thanks

Actually it is your husband and his mother who should be filling out the forms. But if you want to do their paperwork, the questions are addressed to them.

If you live with mother, then her income can be included on your sponsor's (husband) form. He shows her income on his I-864 line 24 b. Then she can fill out a I-864A as a household member.

Back to your husband and questions about his income and tax returns. If he has a job now, he can figure what his yearly income will be based on his current salary and state that as his income. He will prove that with an employer letter and pay stubs. If he didn't file tax returns, then that question is addressed on page 8 of the instructions for form I-864.

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation.

So he attaches a statement saying what his income was and that he was not required to file. If he doesn't attach tax returns or fill out the tax return queston, then they will be looking for a statement from him to explain why.

[RyDa 1]

Hi Everybody

Here is my case, i entered in the USA with a k-1 visa, my mother in law was our sponsor for the fiance visa because my husband was not working, because he spent a long time with me in Brazil. He started to work this month, so my mother in law will continue as our sponsor. We live in the same house, my mother in law, she is divorced, my husband and I.

Now the main question is, Do I have to fill the I-864 in my husband's name and the I-864 in my mother in law's name?

If is the case to fill the I-864 in my husband name how are we going to answer his income, he doesnt have, and federal income tax information, these question number 25, doenst have a option for someone without income.

Thanks

Actually it is your husband and his mother who should be filling out the forms. But if you want to do their paperwork, the questions are addressed to them.

If you live with mother, then her income can be included on your sponsor's (husband) form. He shows her income on his I-864 line 24 b. Then she can fill out a I-864A as a household member.

Back to your husband and questions about his income and tax returns. If he has a job now, he can figure what his yearly income will be based on his current salary and state that as his income. He will prove that with an employer letter and pay stubs. If he didn't file tax returns, then that question is addressed on page 8 of the instructions for form I-864.

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation.

So he attaches a statement saying what his income was and that he was not required to file. If he doesn't attach tax returns or fill out the tax return queston, then they will be looking for a statement from him to explain why.

Hello!

I am in a similar situation - my husband and I live with my MIL, who will co-sponsor us. My question is:

Do they both have to fill out I-864, and she has to also fill out I-864A? Or is it JUST I-864A for her? Thank you!

[Anh map 2,098]

The USC petitioner is always the primary sponsor. If the primary sponsor does not meet the income requirements then a cojoint sponsor would also complete the I-864 or I-864A as well.

[Anh map 2,098]

Hi Everybody

Here is my case, i entered in the USA with a k-1 visa, my mother in law was our sponsor for the fiance visa because my husband was not working, because he spent a long time with me in Brazil. He started to work this month, so my mother in law will continue as our sponsor. We live in the same house, my mother in law, she is divorced, my husband and I.

Now the main question is, Do I have to fill the I-864 in my husband's name and the I-864 in my mother in law's name?

If is the case to fill the I-864 in my husband name how are we going to answer his income, he doesnt have, and federal income tax information, these question number 25, doenst have a option for someone without income.

Thanks

Actually it is your husband and his mother who should be filling out the forms. But if you want to do their paperwork, the questions are addressed to them.

If you live with mother, then her income can be included on your sponsor's (husband) form. He shows her income on his I-864 line 24 b. Then she can fill out a I-864A as a household member.

Back to your husband and questions about his income and tax returns. If he has a job now, he can figure what his yearly income will be based on his current salary and state that as his income. He will prove that with an employer letter and pay stubs. If he didn't file tax returns, then that question is addressed on page 8 of the instructions for form I-864.

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation.

So he attaches a statement saying what his income was and that he was not required to file. If he doesn't attach tax returns or fill out the tax return queston, then they will be looking for a statement from him to explain why.

Be sure to determine if your fiance was required to file or not. Don't just assume that he did not need to file because he did not make much money for 2008. And if so, he must file the late return and submit an IRS transcript, not a copy of the return, with his I-864.

Edited July 26, 2009 by Anh map

[chadlaure 2]

How does it work if the sponsor and co-sponsor do not live at the same address?

My (soon-to-be) husband is a student so my MIL is sponsoring us again (as for K1).

Do they both fill I-864 and I-864A or him: just I-864 and her I-864 + I-864A?

Will he need a letter explaning why he is not filling taxes or being a student and not making money is a good enough reason?

[Nich-Nick 3,354]

Hubby does I-864 as sponsor.

I-864A is for a household member who agrees to put their money in the pot with the sponsor.

Not living in household, then the cosponsor fills out an I-864 also. Your hubby does not mention their income on his form.

There are rules about who has to file a tax return. (See irs.gov) We assume hubby knows the rules, so if he didn't file, then he has to tell the USCIS why he has no tax return. It should be a little more specific that "I was a student."

[chadlaure 2]

Ok so he and my MIL will both fill the I-864 since we don't live in the same house.

For the letter explaining why he didn't file taxes in 2009 (but 2008, 2007 etc since he was working before), he will write a letter explaining that he went back to school in 2009.

[Nich-Nick 3,354]

I just want to clear up that the latest tax return right now is the 2008 return. We haven't finished the year 2009, so the 2009 e tax return will not be filed until next year (deadline April 15).

Being a student does not dismiss you from filing. If in the whole year Jan-Dec 2008, he earned more than $8,950, he has to file. So a letter explaining why one didn't file should have some specifics like actual earnings and why so low. (I was a student in 2008 and earned only $1,344 for the year. Single persons earning less than $8,950 were not required to file a tax return for 2008.) That number will change every year when the IRS decides their limits.

[chadlaure 2]

Yes my bad, that is what we figured after...

He was working in 2008 so we have his tax returns for 2006-07-08 so he wont write the later and he filed his tax return last year.

However he is back being a student in 2009 so his income is now $0 so his step mom is sponsoring us!