I-864 / I-864a, need advice

[Scylla 0]

I am starting to put together necessary documents for the immigration of my Canadian husband to the U.S.

Now I am looking into the I-864 and am looking for some advice on how to proceed. We won't be sending it for months yet, I think, since I've not even filed the I-130 yet, but still trying to get prepared ahead of time.

Here is my financial situation.

I am the principal sponsor. I do not currently have an income. I am going to be a student as of Fall 2011 so I will eventually be getting financial aid, but that isn't going to happen until months after I start the immigration process.

My parents are willing to help with the financial requirement. They are both retired. My mother's Social Security + pension is $31,176 a year. This is above the 2010 poverty guidelines for a potential household size of four (my parents, me and my husband).

My father also gets an additional $19,080 a year. He cannot cover the 125% above poverty requirement on his own.

Currently, I live at the same address as my parents. When I go to college, though, I will be moving out. I do not know which college I'm going to yet so I haven't a clue what my new address will be yet either.

Now my question is... what forms should we be filling out to make sure we are covering the financial requirements?

I know that I have to fill I-864 regardless of my income. I will have 0's so obviously will need help.

But what will my parents fill out? Here are the two possibilities I see so far.

Option 1

I fill out the I-864. Since I have no income, I indicate my mother is my only joint sponsor.

My mother fills out another I-864. She includes my dad's income along with hers on that form for a total of $50,256.

* Note: Does my father fill out an I-864a in this case? The I-864 seems to indicate the I-864a is only for siblings, parents, or adult children.

Option 2

I fill out the I-864. Since I have no income, I include my parents as part of my household.

My mother and father each fill out an I-864a, combining their income with my 0. The resulting total is the same as above.

* Note: I am wary of this option, because I will be moving out of my parents' house by late summer / early fall 2011. So I don't know if moving out will mean they no longer count as part of my household. They will still be helping me with paying for college and living expenses though, along with the financial aid I will receive.

I would really appreciate it if someone could help me muddle through this and select the 'best' or right option. Thank you

[YuAndDan 153]

I-864 is needed after I-130 is approved and sent to NVC, at that point NVC will request the I-864

For parents, they don't need to count you as a dependent, their I-864 will only count 3, unless they are still claiming you on their tax returns.

Here is how this works,

You need to provide an I-864 as primary sponsor. It is recommended to file a 1040 or 1040EZ to the IRS even with no income, and then attach a copy of this to the I-864 as evidence of no income.

Mother provides an I-864 as a joint sponsor.

[Scylla 0]

A bit more questions concerning the I-864, thank you for any help you can provide.

1. For tax info I will provide with I-864. I've started filling out my income tax form for 2010. Is it okay I am filling out a 1040A and not a 1040 or 1040EZ? I hadn't realized it made a difference, I already indicated on my FAFSA (financial aid form) that I would be sending a 1040A. I could change that but need to know soon.

2. I'm still not entirely sure about what my parents will be filling out as a joint sponsor. I understand my mother should fill out the I-864 as well, she is the one receiving the most money. She files taxes jointly with my father (but my father is the one who actually fills out and submits the tax forms)

Anyway, would my father be filling out I-864A, or is it enough that she just fills out I-864 and includes his income on that form?

Thanks,

Caliris