I-864 Form filling problems

[greenplant 0]

Hi there

my husabnd and me having a hard time to file the I-864! It's confusing and our case is a bit difficult too!

Here the problem: We don't have any living relatives anymore in US. His mom is US citizen, but lives here in Germany.

My family would love to help, but they all lives in Germany!

My husband is self-employed. Because of some personal (wasn't a great time for him!) and the economical crises last years he (the us-citizen) won't be able to reach the 125% poverty guidline only with his income and savings!

My income isn't counting, cause I won't have it anymore after immigrating.

My husband is living here for 10 years now. That means, he has only the German Tax-Returns, no Amerikan ones!

Now we are looking for the right way. Is the followig way right?

1.He has to file I-864 anyways (because he has to be the sponsor, even if his residency is Germany).

2.I could help(only) with my savings because after immigrating to US I wouldn't have any incomes (because I'm self-employed too and my own boss). Which has to be 3 times more than the difference from my husbands (annual)income to 125%.

3. I'm household member but my income isn't counting (form I-864a) because I have to find a job again in US. So do I need to file the form anyways? Seems not right to me, if nothing counts but my savings!

4. Guess I'm more the "principal sponsored immigrant" in that case, which means I shouldn't fill form I-864a.

5. If we still are under 125%, we have to find a co. sponsor or joint sponsor (has to live in US). He has to file a second I-864 for his income and his houshold member.

6. If still that's not enough we can find a second co. sponsor.

That's it!

Who can help?

We would be very greatfull for every help!

[greenplant 0]

24 houers later, we are still confused and have more questions!

If my husband and a co.sponsor have to fill the form I-864, we'll have at te end 2 of this form! If so, and if the co-sponsor also have to count me (immigrant) on his houshold size, I would be count twice! Once in my husbands form and once in the co-sponsors form!

AND if so, what 125% poverty guidline is the right one? Because my husband and me would be just 2, but if I count also in the houshold size of the co-sponsor, they would be 2, with me 3! So, what's the right household size now? And which 125% poverty giudline do we have to have?

Thanks for help!

[Anh map 2,098]

US citizens (and green card holders) are taxed on worldwide income, not just money earned in the US. There is a foreign income exclusion so there isn't double taxation. But, just living outside the US does not mean that he did not have to file tax returns. So your husband should do some reading on the irs.gov site to determine if he should have filed taxes and then take care of filing any returns for the last couple of years. This is part of the I-864. (I think that there may also be some tax support through the US Embassy or one of the US Consulates in Germany)

Any joint sponsor will have to include you (the immigrant) in their household count. The joint sponsor's I-864 is a separate document from your husband's. Your household count may be 2 (you and hubby) but a joint sponsor must include all of their household members plus you when determining the income threshold using the form I-864P (follow the link below in my signature labeled "Current USCIS Poverty Guidelines."

Sponsors can only combine income with members of their household. The who qualifies as a household member info is on the Form I-864A . If a joint sponsor needs to combine income with a household member one would complete the I-864 the other would use form I-864A.

Take a look at these I-864 FAQ from the State Dept. website for more information that be helpful to you >> I-864 FAQ

[greenplant 0]

US citizens (and green card holders) are taxed on worldwide income, not just money earned in the US. There is a foreign income exclusion so there isn't double taxation. But, just living outside the US does not mean that he did not have to file tax returns. So your husband should do some reading on the irs.gov site to determine if he should have filed taxes and then take care of filing any returns for the last couple of years. This is part of the I-864. (I think that there may also be some tax support through the US Embassy or one of the US Consulates in Germany)

Any joint sponsor will have to include you (the immigrant) in their household count. The joint sponsor's I-864 is a separate document from your husband's. Your household count may be 2 (you and hubby) but a joint sponsor must include all of their household members plus you when determining the income threshold using the form I-864P (follow the link below in my signature labeled "Current USCIS Poverty Guidelines."

Sponsors can only combine income with members of their household. The who qualifies as a household member info is on the Form I-864A . If a joint sponsor needs to combine income with a household member one would complete the I-864 the other would use form I-864A.

Take a look at these I-864 FAQ from the State Dept. website for more information that be helpful to you >> I-864 FAQ

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Thanks for your help.

I already read the I-864 FAQ twice, but it confused me more and more.

For example:

How has my husband to be the sponsor if he doesn't live in US and has no domicil there?

Here is what written in the FAQ:

Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a sponsor?

No, the law requires that sponsors be domiciled (live) in any of the United States, the District of Columbia, or any territory or possession of the United States.

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor.

[Anh map 2,098]

Did you read the part under the heading: How can a petitioner establish a domicile?

[cherriesss 4]

Read the step-by-step instructions included in the I-864 form. They will help you shed some clarity on this.

Find it here: http://www.uscis.gov/files/form/i-864instr.pdf