I-864 - what is it exactly?

[getcr1 0]

sorry = this may seem like a dumb question, but when I first started to look at the I 864 form, I thought that the sponsor had to fill this out....? Who fills this out? The American or the non American spouse? What is it about exactly? I thought it was about proving how much money you had and to see if you had enough money that goes over the poverty line?

Does anyone have any links for a detailed description on the I 864 and what it is all about? I want to make sure that I filling it out correctly....

sigh...i wish these forms could be easier.

[TAMH 2]

the i864 is the affidavit of support that your USC spouse should complete.

[Scott and Mhay 57]

there is a tab above for example forms. here is the example form i-864 http://www.visajourney.com/examples/INS-Form-I-864.pdf

[sachinky 465]

It is to be filled by the USC sponsor to ensure that the intending immigrant will not become a public charge.

If he/she does, then the US government has the right to sue the sponsor to recoup the same. Make sure you make 125% above the federal poverty guidelines for your household size.

Read the form and the instructions. Carefully.

[trailmix 77]

As sachinky mentioned, it is really important to read all the instructions for the I-864 (well for all forms - but this one in particular). I can see where it might be a bit confusing - it keeps stating that the immigrant needs the form - well they do - but it is the U.S. citizen that fills it out.

As the U.S. citizen is not living in the U.S. - it makes your application a little bit trickier.

- You need to prove that the U.S. citizen earns income of at least 125% of the poverty guidelines, for 2 people (I assume it's just you two). If that income will not continue when he moves back to the U.S., it cannot be counted for the I-864.

- If that is the case you will either have to prove that you have assets at 3 x's the 125% for two people. The Poverty Guidelines (I-864p) for 2 people at 125% is $18,212 - so you would need to prove that you have 3 times that - or $54,636 US dollars in assets.

- OR you will need to get a U.S. cosponsor that can prove they can support their family and you at 125% of the poverty guidelines.

There is also the issue of proving reestablishing domicile. I don't know how strict they are about this in Japan - but you still have to address it.

Edited December 19, 2009 by trailmix

[getcr1 0]

As sachinky mentioned, it is really important to read all the instructions for the I-864 (well for all forms - but this one in particular). I can see where it might be a bit confusing - it keeps stating that the immigrant needs the form - well they do - but it is the U.S. citizen that fills it out.

As the U.S. citizen is not living in the U.S. - it makes your application a little bit trickier.

- You need to prove that the U.S. citizen earns income of at least 125% of the poverty guidelines, for 2 people (I assume it's just you two). If that income will not continue when he moves back to the U.S., it cannot be counted for the I-864.

- If that is the case you will either have to prove that you have assets at 3 x's the 125% for two people. The Poverty Guidelines (I-864p) for 2 people at 125% is $18,212 - so you would need to prove that you have 3 times that - or $54,636 US dollars in assets.

- OR you will need to get a U.S. cosponsor that can prove they can support their family and you at 125% of the poverty guidelines.

There is also the issue of proving reestablishing domicile. I don't know how strict they are about this in Japan - but you still have to address it.

what does it mean to reestablish domicile? What if the foreign spouse (I am from Canada) has saved money in the bank in Canada? Do these statements mean anything at all (I think they could show that they can support the 2 in America)...

[christeen 966]

what does it mean to reestablish domicile? What if the foreign spouse (I am from Canada) has saved money in the bank in Canada? Do these statements mean anything at all (I think they could show that they can support the 2 in America)...

Generally, the money would have to be in the US and it is the US spouse that is the responsible sponsor and must be able to support the intending immigrant. We recently ran into issues about the money being in a foreign account and had to do some money shuffling to prove that we had sufficient assets in the United States...

As far as the domicile, the US sponsor MUST have residency and prove that they actually LIVE in the USA... This is a BIG issue in Canada so you might want to check out the Canada forum and do a topic search if there are any questions...

[trailmix 77]

Generally, the money would have to be in the US and it is the US spouse that is the responsible sponsor and must be able to support the intending immigrant. We recently ran into issues about the money being in a foreign account and had to do some money shuffling to prove that we had sufficient assets in the United States...

As far as the domicile, the US sponsor MUST have residency and prove that they actually LIVE in the USA... This is a BIG issue in Canada so you might want to check out the Canada forum and do a topic search if there are any questions...

Actually they don't have to prove that they live in the U.S. - they can prove they are reestablishing domicile. Plus the OP is not in Canada - she is in Japan.

The instructions regarding domicile are in the I-864 instructions, once you have had a look please post if you have any questions

Also, we used funds in a Canadian bank as assets (most of the funds were in US dollars though). Each consulate probably has their own ideas about assets, best to ask the consulate you will be interviewing at.

[getcr1 0]

Actually they don't have to prove that they live in the U.S. - they can prove they are reestablishing domicile. Plus the OP is not in Canada - she is in Japan.

The instructions regarding domicile are in the I-864 instructions, once you have had a look please post if you have any questions

Also, we used funds in a Canadian bank as assets (most of the funds were in US dollars though). Each consulate probably has their own ideas about assets, best to ask the consulate you will be interviewing at.

thanks for all this info! what does it exactly mean " If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes alawful permanent resident "

What does that actually mean? "Continue from the same source?"

[Scott and Mhay 57]

i think continue from the same source is for when the adjustment of status is applied for or if your spouse is in the US. Basically you cant count any income from the immigrating spouse if they receive it from their home country unless say it was a pension.

[getcr1 0]

i think continue from the same source is for when the adjustment of status is applied for or if your spouse is in the US. Basically you cant count any income from the immigrating spouse if they receive it from their home country unless say it was a pension.

after looking at the directions again, im still a bit confused. Since the USC does not have enough money to be a sole sponsor, we were thinking of using his dad who lives in america. does this mean that they are co sponsors? and so then would that mean that the USC living in japan would have to fill out the I-864 AS WELL AS his father?

[Penguin_ie 5,995]

The USC petitioner (ie spouse) always needs to fill in the I-864 as they are always the primary sponsor, even if they have no income or assets at all. A family member or friend who is legally resident n the USA can be a joint or co-sponsor. In your case, the USC living in Japan would be the primary sponsor, and your dad living in the USA would be co-sponsor.

"continue from the same source" means exactly that- if your job continues with the same company when you move to the USA, it can be counted. This would be the case if you get an intra-company transfer or telecommute or it is a payment which continues such as pension.

[Scott and Mhay 57]

after looking at the directions again, im still a bit confused. Since the USC does not have enough money to be a sole sponsor, we were thinking of using his dad who lives in america. does this mean that they are co sponsors? and so then would that mean that the USC living in japan would have to fill out the I-864 AS WELL AS his father?

His father would fill out an I-864A...they get submitted together.

[Malrothien 6]

His father would fill out an I-864A...they get submitted together.

He would only fill out an I864A if they lived together.

[sachinky 465]

If you live in Japan and your dad lives in the U.S. the both of you will fill a I864.

Be sure to add your dad's proof of residence/citizenship.