I-864 questions/clarifications?

[garnet80 1]

Hello,

My fiance and I are working on the AOS packet before the wedding (he came on a K1 Visa). We have gotten to the I-864, and I have a couple of questions.

Okay, my mother and I live in the same house. Neither of us claims the other on their taxes. We each pay our own bills, and kind of split the house payment.

I do not make enough to sponsor my (then) husband, but she does. In this particular situation, is she a household member, or a joint sponsor? I am sure the answer is plainly obvious, but I just can't tell for sure, and I don't want to make a mistake. I know that I am the main sponsor, I just don't know which of the options she is.

Also, I work retail, heavy freight, unloading trucks, etc. I broke my foot, and at the same time have a blood clot which has made a mess of my hand/arm. I've been out of work for about 4ish weeks already. I am not positive when I will be able to go back, as I am not allowed to lift anything over five pounds, which is a joke at my job. I am still employed, but I am not on disability or anything, and I obviously have no paycheck stubs for this period. Bad timing! Is this okay? My income is very low anyway... are the 6 months of paycheck stubs important for both of us, or can I skip mine?

Is it okay to order and send tax transcripts like I did with the I-134? Or do I have to use the actual tax papers? 3 years of those, a letter from our employers, paycheck stubs... is that enough? My mother makes more than enough to qualify. I understand we both have to fill out our own form, and have our own documentation.

I thought the K1 paperwork packets were a pain, I was wrong! This I-1864 is the worst for me, I think I've waded through the rest reasonably well. I hope.

Oh and one last thing. I intend to take my fiance's name, but not immediately. Within about six months or so. I imagine I use my maiden name on everything? I'm told to sign the marriage license with his name, so it will be easier to legally change it when the time comes. Is this going to cause problems?

Thank you to all who take the time to read all of this, and for any help offered. AOS is I don't know why I thought things would be easier once he got here. The hard part is just beginning it seems!

[VanessaTony 3,567]

Okay, my mother and I live in the same house. You live under the same roof, in the same HOUSE, therefore household member so she will simply complete an I-864A. You will need to ensure you write the proper information (income etc) on the I-864

Also, I work retail, heavy freight, unloading trucks, etc. I broke my foot, and at the same time have a blood clot which has made a mess of my hand/arm. I've been out of work for about 4ish weeks already. I am not positive when I will be able to go back, as I am not allowed to lift anything over five pounds, which is a joke at my job. I am still employed, but I am not on disability or anything, and I obviously have no paycheck stubs for this period. Bad timing! Is this okay? My income is very low anyway... are the 6 months of paycheck stubs important for both of us, or can I skip mine? you must send at least the last financial years tax return (or IRS transcript). I personally sent the last 3 years IRS transcripts to be safe. Letters from bank, employer etc are only needed if your want to prove your income NOW is enough to support where it wasn't before. Personally given you're using your mothers info, i wouldn't bother with that extra detail

Is it okay to order and send tax transcripts like I did with the I-134? Yes Or do I have to use the actual tax papers? no3 years of those, a letter from our employers, paycheck stubs... is that enough? Not needed. IRS stuff is fine My mother makes more than enough to qualify. I understand we both have to fill out our own form, and have our own documentation. Not quite right... Your mother completes I-864A, you complete I-864, making sure you mention household members income where it asks for it.

Oh and one last thing. I intend to take my fiance's name, but not immediately. Within about six months or so. I imagine I use my maiden name on everything? I'm told to sign the marriage license with his name, so it will be easier to legally change it when the time comes. Is this going to cause problems? Yes. You do not need to change everything over into your married name now BUT if you want to change your GC (if you complete the paperwork in your maiden name) you will need to wait until ROC (2 years-90 days later) otherwise pay the $300+ fee to have it changed before then. Just because your GC has your married name doesn't mean you need to IMMEDIATELY need to get things changed to that name. You will need to get a DL in your married name though.

I answered above.

Please also read the AOS thread I mention in my signature. That should help minimise confusion

Good luck!

[garnet80 1]

Thank you very much for the answers. I should mention, I am the USC, so no greencard worries. I just didn't know if it would complicate any of the paperwork.

Am I correct in understanding that you don't think my mother or I need the employer letters or paycheck stubs, just 3 years of tax transcripts? Or did I read that wrong?

Thank you again.

[VanessaTony 3,567]

Thank you very much for the answers. I should mention, I am the USC, so no greencard worries. I just didn't know if it would complicate any of the paperwork.

Am I correct in understanding that you don't think my mother or I need the employer letters or paycheck stubs, just 3 years of tax transcripts? Or did I read that wrong?

Thank you again.

Well as long as she meets the requirements for HER household size then no the employment letters etc AREN'T needed. if you read the I-864 instructions they're completetly optional. If you feel better sending them, do so.

Okay to you changing your name then. As the USC, I personally would complete the forms with your married name anyway if you're planning to change it anyway. It certainly can't hurt anything (and having evidence etc in your maiden name won't matter either)

[garnet80 1]

Well that makes things easier! Thank you. I did see that on the instructions that it was optional... but sometimes optional is hidden by a veil of *do it anyway* lol.

The name thing still confuses me a bit... are you sure I should use a non legal name for these very legal documents? This seems risky. I am very paranoid btw. I am not exactly sure when I will take his name. 6 months was just an estimate. I will take it socially immediately, but not for legal things such as my social security card, drivers license, bills, etc.

Again, thank you.

[VanessaTony 3,567]

Well that makes things easier! Thank you. I did see that on the instructions that it was optional... but sometimes optional is hidden by a veil of *do it anyway* lol.

The name thing still confuses me a bit... are you sure I should use a non legal name for these very legal documents? This seems risky. I am very paranoid btw. I am not exactly sure when I will take his name. 6 months was just an estimate. I will take it socially immediately, but not for legal things such as my social security card, drivers license, bills, etc.

Again, thank you.

Well there's the interesting part. Your married name IS your legal name now because your marriage licence is the official name change. Whether you choose to use that name is up to you but your marriage licence says it (as you said before).

The fact that you are changing your ID over later than immediately after the wedding doesn't matter. For instance. My legal name is now my married name, has been since November HOWEVER, I can't get a drivers licence here till I get the GC. I can't change my passport until I do a legal name change in Australia and to do that I need my birth certificate which I don't want to send till AFTER I get the GC. So although my bank has my name as married name, none of my other ID has been changed over. ALL my Aussie stuff says my maiden name, the other things in my married name are my bank cards but when proving I'm Vanessa Married Name, i need to show my passport and marriage certificate... at least until I get around to switching everything over. My SS card is still in maiden name and i even filed joint taxes with my husband AFTER the wedding in my maiden name in order to match it to the SSN.

Make sense?

In either event it is completely up to you. If you do plan on taking his name I would write it on the forms personally but if it makes you feel better NOT to then that's fine too. I would hope the government would understand how long it takes to change some of those things over (with schooling and work etc it's not always convenient to do it until the start of a new financial year, or new school year etc).

Good luck with your decision.