864 Questions

[frenchphenom5 0]

Hi all,

I'm slightly confused as to which address I should put with regard to Mailing Address and Permanent Residence? I'm temporarily living in France and have been since August 2010 (not on a student or tourist visa), so I have put that for my Mailing address, and for my permanent residence I've put my address in the United States. Is this correct?

Consequently, on the part when I have to determine my household size (I'm the sponsor), If my wife is the person in 21a, I can't claim her a second time for 21c, right? As well, because I'm having my dad as a cosponsor I ought to claim him for 21g. Is this correct?

I appreciate your help!

[frenchphenom5 0]

Just a second question:

Can someone other than the petitioner be the sponsor? Such as my father? From what I've read in the 864 Instructions (below), my father can directly be the sponsor:

If the person who is seeking the immigration of one or more of his or her relatives cannot meet the income requirements, a "joint sponsor" who can meet the requirements may submit a Form I-864 to sponsor all or some of the family members.

A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.

If the first joint sponsor completes Form I-864 for some rather than all the family members, a second qualifying joint sponsor will be required to sponsor the remaining family members. There may be no more than two joint sponsors. A joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor. Any dependents applying for an immigrant visa or adjustment of status more than six months after immigration of the intending immigrants must be sponsored by the petitioner but may be sponsored by an original joint sponsor or a different joint sponsor.

Even if one or more I-864s are submitted for an intending immigrant, the petitioning sponsor remains legally accountable for the financial support of the sponsored alien along with the joint sponsor(s).

If this is true, than my father needs to fill out an 864 and I would then need to fill out an 864a?

[Penguin_ie 5,993]

We put the US address, same as you.

You are correct, don't count your wife twice.

You are always the primary sponsor, but your father can be the co-sponsor or joint sponsor. You will both fill out a I-864.

[frenchphenom5 0]

So, as far as both of us filling out an 864, he will need some of my financial information? As well, we'd have to have an 864a? Sorry to ask such stupid questions... ^^

[Penguin_ie 5,993]

No, he needs none of your info; you fill in your own I-864 based on your income, and he fills in his I-864 based on his.

You only need a I-864 for household members- is your dad married and filing jointly with his wife?

[frenchphenom5 0]

Yes, he's married and filing jointly. My guess is he'd have to include my Mom's income... or would she have to fill out one as well?

That's pretty strange that there isn't a 864a involved. Because when I'm filing out the 864 there's this line:

21g. OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here.

I'm not doubting you, just strange that it appears we won't need an 864a.

[Penguin_ie 5,993]

But you don't live with your dad, do you?

[frenchphenom5 0]

Currently, no. But my permanent residence in the United States is where he lives. Oh, the 864a only really counts for if I physically live with him right now?

Edited April 4, 2011 by frenchphenom5