Confused about I-134 and I-864

[SunDrop 59]

OK, trying to keep it simple! lol...

My fiance does not meet the Poverty Levels for 3 people, namely for the 2 of us and my daughter. Therefore we will need a co-sponsor. His parents are married and file taxes jointly and have agreed to co-sponsor.

I know that 2 I-134s and supporting documents are needed but..

When my future MIL is completing her I-134, does she report JUST her income or also that of her husband.

If both, does she still list him as a partial dependent.

If both, does he need to complete any forms?

Moving onto the I-864

My fiance is currently registered as resident at his parent's address. Although he has somewhere else that he lives, he isn't named on the lease there and contributes rent and bills in cash to his roomie. We are therefore going to be officially resident at his parent's address also, when we first get there and until we file our AOS so I can start work once my EAD comes through.

He is obviously well over 21 and files his tax returns separately from his parents.

All living together however, if I understand correctly, means that we can use my fiance's, and both his parents' incomes towards the I-864?

Or, would we still need to file two I-864s, one with my by-then husband as the primary sponsor and another with his mom as the sponsor.

If it's a separate I-864 from his mom, does she include her husband's income?

If she does include it, does her husband need to complete any forms?

If we only need one I-864 with my by-then husband being the primary sponsor, what forms do his parents need to complete to permit their income to be taken into consideration?

Thanks in advance!

[SunDrop 59]

bumping - someone's gotta know! lol..

Thanks again,

Tish

[Anh map 2,098]

The petitioner is always the primary sponsor regardless of income. He will complete an I-134 and later an I-864.

Only one parent completes an I-134. No combining of incomes with the I-134. Their (MIL or FIL) income is considered individually and the appropriate W2/1099/etc. info is included for just the one person. A joint tax return is fine.

For the I-864 incomes can be combined with household members using the I-864A for the household member.

[SunDrop 59]

The petitioner is always the primary sponsor regardless of income. He will complete an I-134 and later an I-864.

Only one parent completes an I-134. No combining of incomes with the I-134. Their (MIL or FIL) income is considered individually and the appropriate W2/1099/etc. info is included for just the one person. A joint tax return is fine.

For the I-864 incomes can be combined with household members using the I-864A for the household member.

Thank you! So just to confirm, future MIL only uses her income on her I-134, even though she jointly files. By this I mean, only her salary contributions to the total income reported on the tax return?

As an FYI, a recent K1 petition was approved in London for a beneficiary for whom not one of her 3 sponsors (petitioner, his mother and his father) met the minimum income criteria. The 2 co-sponsors file together as a married couple but are currently living in separate residences.

In our case, everyone (fiance, his mom and dad) are filing their taxes next week, so I'll know better then whether we've safely cleared the 125% for 4 people on his mom's earnings alone. If it's even remotely close, we'll ask his father to also complete an I-134 and hope the same logic is applied by the embassy/CO as it was to the above-mentioned case. It strikes me as fair and logical to consider individual I-134s as a cumulative, since that is how the household income would be viewed for AOS via the I-864, which happens in most cases fairly soon after entering the US. The way things are going for us, we'll probably be married within a week of entering, and this will also hopefully help if we're close to the amount.

[Anh map 2,098]

Each consulate/embassy has their own take on the sponsorship question. Good info about the recent London couple.

Best of luck!