I-864 or I-864EZ = which one should I use?

[aljenca 0]

Hello,

The visa petition I processed for my mom has been approved by NVC, yehhey! I am now ready to process the affidavit of support after I paid the fee of course. I am confuse if I should use form I-864 or I-864EZ.

Both me and my husband is working full time. We don't have any kids. My salaries alone pass the poverty guidelines for the AOS. Should I use I-864EZ with my W2's & our I tax returns since my income alone is enough for the affidavit of support?

My husband's and I file our tax returns as married couple. In this case should I use I-864 then? Does my husband required to file the I-864A (Contract Between Sponsor and Household Member) if I use I-864?

Please help!

Thank you,

Jen

[hheaven67 2]

Hello,

The visa petition I processed for my mom has been approved by NVC, yehhey! I am now ready to process the affidavit of support after I paid the fee of course. I am confuse if I should use form I-864 or I-864EZ.

Both me and my husband is working full time. We don't have any kids. My salaries alone pass the poverty guidelines for the AOS. Should I use I-864EZ with my W2's & our I tax returns since my income alone is enough for the affidavit of support?

My husband's and I file our tax returns as married couple. In this case should I use I-864 then? Does my husband required to file the I-864A (Contract Between Sponsor and Household Member) if I use I-864?

Please help!

Thank you,

Jen

Hi Jen...from what I found on the instructions of the I-864EZ:

Who May Use Form I-864EZ?

You may use Form I-864EZ IF ALL the following conditionsapply:

1.You are the person who filed or is filing the Form I-130,Petition for Alien Relative, for a relative being sponsored;

2.The relative you are sponsoring is the only person listed onthe Form I-130 petition;

3.The income you are using to qualify is based entirely onyour salary or pension and is shown on one or more FormsW-2 provided by your employer(s) or former employer(s).

If you are the one petitioning for your Mom, then you use this form and if no one else is being petitioned (more beneficiaries other than your Mom). If your husband is the one petitioning for your Mom, then he fills it out. It cannot be used (by the sounds of it) for 2 incomes...joint income...

It sounds like YOU were the petitioner so it seems to me that this is the proper one for you to use. Good luck!!

jen

[aljenca 0]

Thank you Jen.

Yea, I thought about that too. I'm just wondering how does it work when you are married. Does my husband needs to sign an I-864A? Because I think when you are married your income is not yours anymore it belongs to both husband and wife same goes with my husband's income. And we file our tax return as married couple combining both our income.

Basically, I'd like to know if INS requires my husband to sign an I-864A JUST BECAUSE WE ARE MARRIED, even though my income alone is enough for the affidavit of support.

Thank you.

[aljenca 0]

I think I found my answer. I don't need my husband to sign I-864A, I can show my OWN income. I'm sharing this to everyone and people that might have the same question in the future. This is from uscis website, thanks again!...

(3) Use of Spouse’s Income. A sponsor’s spouse who qualifies as a household

member and wishes to have his or her income included as a household member

generally needs to complete a Form I-864A. However, if the spouse is not willing to

let the sponsor rely on the spouse’s income, that is acceptable. In this situation, the

sponsor needs to show his or her own income and which portion of any assets used

to qualify can be attributed to him or her.

[TayRivers 4]

Thank you Jen.

Yea, I thought about that too. I'm just wondering how does it work when you are married. Does my husband needs to sign an I-864A? Because I think when you are married your income is not yours anymore it belongs to both husband and wife same goes with my husband's income. And we file our tax return as married couple combining both our income.

Basically, I'd like to know if INS requires my husband to sign an I-864A JUST BECAUSE WE ARE MARRIED, even though my income alone is enough for the affidavit of support.

Thank you.

I used the I-864EZ when I filed for my parents, I did not need to use my spouses income so we did not complete the I-864a. Never had any problems with using the I-864EZ it was accepted at NVC.

[aljenca 0]

Thank you TayRivers. I will definitely use I-864EZ =)

[Willow2009 0]

I think I found my answer. I don't need my husband to sign I-864A, I can show my OWN income. I'm sharing this to everyone and people that might have the same question in the future. This is from uscis website, thanks again!...

(3) Use of Spouse’s Income. A sponsor’s spouse who qualifies as a household

member and wishes to have his or her income included as a household member

generally needs to complete a Form I-864A. However, if the spouse is not willing to

let the sponsor rely on the spouse’s income, that is acceptable. In this situation, the

sponsor needs to show his or her own income and which portion of any assets used

to qualify can be attributed to him or her.

Yes, that clears it up. Thanks for the info.

[CORAL29 0]

I think I found my answer. I don't need my husband to sign I-864A, I can show my OWN income. I'm sharing this to everyone and people that might have the same question in the future. This is from uscis website, thanks again!...

(3) Use of Spouse’s Income. A sponsor’s spouse who qualifies as a household

member and wishes to have his or her income included as a household member

generally needs to complete a Form I-864A. However, if the spouse is not willing to

let the sponsor rely on the spouse’s income, that is acceptable. In this situation, the

sponsor needs to show his or her own income and which portion of any assets used

to qualify can be attributed to him or her.

Hi Jen,

I am at the exact same situation. I saw the posts here and decided to use I-864EZ. I also have questions on puting the documents together. It doesn't require to provide any docs as like asset, joint account saving, stock. would you suggest to attach those in the package if you were me?

Also I paied IV fee and AOS fee on line on March, thought they would send us the form. I had waited for 6 months and found out what I have to do is to print out the cover sheets to approve I had paid the fees, fill forms and send in, that's all. I never heard of it, so just wondering. If anybody can give me some ideas would be much appreciated.

Thanks

Coral

[TayRivers 4]

I think I found my answer. I don't need my husband to sign I-864A, I can show my OWN income. I'm sharing this to everyone and people that might have the same question in the future. This is from uscis website, thanks again!...

(3) Use of Spouse's Income. A sponsor's spouse who qualifies as a household

member and wishes to have his or her income included as a household member

generally needs to complete a Form I-864A. However, if the spouse is not willing to

let the sponsor rely on the spouse's income, that is acceptable. In this situation, the

sponsor needs to show his or her own income and which portion of any assets used

to qualify can be attributed to him or her.

Hi Jen,

I am at the exact same situation. I saw the posts here and decided to use I-864EZ. I also have questions on puting the documents together. It doesn't require to provide any docs as like asset, joint account saving, stock. would you suggest to attach those in the package if you were me?

Also I paied IV fee and AOS fee on line on March, thought they would send us the form. I had waited for 6 months and found out what I have to do is to print out the cover sheets to approve I had paid the fees, fill forms and send in, that's all. I never heard of it, so just wondering. If anybody can give me some ideas would be much appreciated.

Thanks

Coral

You do not need to attach any of those documents to the I-864EZ just a tax transcript or a copy of your tax return and all W2's and schedules.

Tay

[ahr 0]

I think I found my answer. I don't need my husband to sign I-864A, I can show my OWN income. I'm sharing this to everyone and people that might have the same question in the future. This is from uscis website, thanks again!...

(3) Use of Spouse's Income. A sponsor's spouse who qualifies as a household

member and wishes to have his or her income included as a household member

generally needs to complete a Form I-864A. However, if the spouse is not willing to

let the sponsor rely on the spouse's income, that is acceptable. In this situation, the

sponsor needs to show his or her own income and which portion of any assets used

to qualify can be attributed to him or her.

Hi Jen,

I am at the exact same situation. I saw the posts here and decided to use I-864EZ. I also have questions on puting the documents together. It doesn't require to provide any docs as like asset, joint account saving, stock. would you suggest to attach those in the package if you were me?

Also I paied IV fee and AOS fee on line on March, thought they would send us the form. I had waited for 6 months and found out what I have to do is to print out the cover sheets to approve I had paid the fees, fill forms and send in, that's all. I never heard of it, so just wondering. If anybody can give me some ideas would be much appreciated.

Thanks

Coral

You do not need to attach any of those documents to the I-864EZ just a tax transcript or a copy of your tax return and all W2's and schedules.

Tay

print out copies of the receipt and cover letter for AOS and send it with your I-864EZ and supporting evidence. Good Luck....