I-864 or I-864A

[Musi 0]

We're preparing the documents for the NVC stage and are confused about whether using I-864 or I-864A.

My husband is the petitioner hence the principal sponsor. His dad will be the co/joint-sponsor. From what I understood by reading the posts here and the instruction on I-864,

I-864a is for someone who lives with the principle sponsor to fill out, whereas

I-864 is for someone who does not live with the principle sponsor.

My husband lives in Connecticut because he goes to school there. But his permanent address is still in Illinois, where his parents live, and he filed his federal tax return under the same address as his parents.

So technically his dad doesn't live with him, but on the tax return he and my husband are under the same address. Does that make him a household member of my husband?

Edited March 27, 2010 by Musi

[trailmix 77]

I would say no, he would fill out the I-864. His permanent address is not the same. He lives in Conneticut. That is just my opinion though - without researching what they might consider technically as the "principal residence".

Unless your FIL claimed your Husband as a dependant.

Also, I am adding your name to the Montreal timeline to interview thread in the Canada forum, please let us know your dates as you move through NVC and get your interview

http://www.visajourney.com/forums/topic/94768-ir1-cr1-montreal-timeline-to-interview/page__st__2805

Edited March 27, 2010 by trailmix

[Musi 0]

I would say no, he would fill out the I-864. His permanent address is not the same. He lives in Conneticut. That is just my opinion though - without researching what they might consider technically as the "principal residence".

Unless your FIL claimed your Husband as a dependant.

Also, I am adding your name to the Montreal timeline to interview thread in the Canada forum, please let us know your dates as you move through NVC and get your interview

http://www.visajourney.com/forums/topic/94768-ir1-cr1-montreal-timeline-to-interview/page__st__2805

Thanks trailmix for the reply!

No my father-in-law didn't claim my husband as a dependent... I think we'd ask him to fill out a separate I-864 as a joint-sponsor.

Although my husband's current residence is in Connecticut, he's moving back to Illinois for the summer (July & August) to save rent. So I think it makes more sense for us to use his parent's address in Illinois as permanent address. The thing is we do plan on living in Connecticut once I receive the proper VISA, hopefully by the end of the year. I hope this switching-the-address-back-and-forth thing won't cause too much trouble during the immigration process...

[Weslie.Kristina 0]

My wife (beneficiary) and I are having my parents sponsor her. I am in Indiana, and they are still at my childhood home in Alabama. I was told by an agent that one of them needed to fill out a 864, and the other needed to fill out a 864A, since they were a household member. This sounded odd, but we really only needed my mom's income since she makes quite a bit of money. I'm interested to see how that pans out, though!

-W

[trailmix 77]

My wife (beneficiary) and I are having my parents sponsor her. I am in Indiana, and they are still at my childhood home in Alabama. I was told by an agent that one of them needed to fill out a 864, and the other needed to fill out a 864A, since they were a household member. This sounded odd, but we really only needed my mom's income since she makes quite a bit of money. I'm interested to see how that pans out, though!

-W

Well technically, you don't have to have your Mom fill out the I-864A. The guideline is - if you are only using one person's income from a joint return they you need to send in supporting slips for the sponsor's income (so they can determine what income is the sponsors and what is the other persons).

Now I say technically, because although those are their guidelines, I have seen a case where someone was told to get the I-864A from the joint tax filer, if you happen to get an inexperienced CO at your interview, that could well happen, so I would definately, at least, have it with you at the interview.

From the Adjudicator's Field Manual:

If a sponsor filed a joint tax return with a spouse, but is qualifying using only his/her own individual income, the sponsor must submit evidence of that individual income. This evidence would include, for example, the sponsor’s own W-2(s), Wage and Tax Statement, and if necessary to reach the income requirement, evidence of other income reported to IRS which can be attributed to him/her, usually on Forms 1099.

[pushbrk 12,883]

We're preparing the documents for the NVC stage and are confused about whether using I-864 or I-864A.

My husband is the petitioner hence the principal sponsor. His dad will be the co/joint-sponsor. From what I understood by reading the posts here and the instruction on I-864,

I-864a is for someone who lives with the principle sponsor to fill out, whereas

I-864 is for someone who does not live with the principle sponsor.

My husband lives in Connecticut because he goes to school there. But his permanent address is still in Illinois, where his parents live, and he filed his federal tax return under the same address as his parents.

So technically his dad doesn't live with him, but on the tax return he and my husband are under the same address. Does that make him a household member of my husband?

If the parent joint sponsor's income qualifies, then it's much simpler to file two I-864's than take the household member route anyway. You cad do this regardless of whether they are part of the same household. The I-864a is intended for people in the same household to combine their incomes and/or assets to qualify when no individual qualifies on their own.

[sachinky 465]

I have a question and my brain is just not working after a stressful night. Please bear with me.

Due to certain issues that will take too long to get into here at the moment, I will be changing my joint sponsor at the interview from my cousin to my FIL. Now as I understand it he will fill an I-864A as my husband is currently living with his parents till I get there and we can get our own place. His mother doesn't work, so she has 0 income but his dad makes more than enough to cover around 30 people.

My husband will also be filling in a new I-864 as he as a new job and the income takes him over the required guidelines (but we'd like to keep the FIL as a backup since this new job is very recent). For his I-864, for number 21g--will he put 2 for BOTH his parents as household members (since they both reside in the same house) or just 1 for his father whose income he IS actually combining. His father will then sign the I-864A but not the mother as she is not listed. FIL/MIL file taxes together but thanks to Pushbrk's earlier advice, we know what to do in that situation.

Do I have this correct? Or can/should my FIL file a I-864 since he qualifies on his own? I'm just confused regarding the household size--what will my husband's be now--3, 4 ? on the new I864?

Thanks for your response.

[Musi 0]

If the parent joint sponsor's income qualifies, then it's much simpler to file two I-864's than take the household member route anyway. You cad do this regardless of whether they are part of the same household. The I-864a is intended for people in the same household to combine their incomes and/or assets to qualify when no individual qualifies on their own.

Thanks Pushbrk. Your explanation is very clear! We're going to file two I-864 then.