Questions about I-864 package.

[Buggy 0]

Hi everybody.

I'm french, I live in France, and my wife's a US citizen.

I prepared the I-130 package and sent it to my wife, she's gonna ship it to the USCIS during the week.

Since there's gonna be a long wait, I want to start working on the I-864 package already, but it's not clear to me on several points.

1) my USC wife livin at her dad's, she doesn't make the 125% of poverty guideline, so the dad's gonna be the joint sponsor.

since he's a household member, she should file a I-864 and he should file a I-864A, correct ?

2) On the question 21 of the I-864, my wife should count me as 21a, her as 21b, our baby coming in july (before we ship that form) as 21d, but does she have to put her dad in 21g ? so the total household size at 21h will be 4 right ?

3) on that 21 question part, my wife's brothers are living under the roof and are dependent on the dad's income, do we have to add them somewhere, or it's just the dependent of my wife on that part 21 ?

4) about the package to reunite, if I understand :

Barcode sheet cover

Cover letter

Wife's tax return, w-2, 1099, and tax transcript for year 2010, 2009, 2008

The dad's tax return, w-2, 1099, and tax transcript for year 2010

Tax transcript for year 2009 and 2008

Letter of employment and pay stubs.

Since my wife didn't work since june 2010, she doesn't need to join any letter of employment or pay stubs right ?

Is the 1099 is really important ?

the dad doesn't need tax return, w-2 and 1099 for year 2009 and 2008 ?

pay stubs is for last six months or last year ?

am i missing something ?

Thanks a lot.

[YuAndDan 153]

1) I have seen NVC REJECT I-864A from a parent, when petitioner is living at home. Parent is a head of household so should act as a Joint sponsor and use I-864, not I-864A. Petitioner is member of parent's household, however is not the head of the household. Joint sponsor only needs to count them-self, spouse, and you, they do not need to count petitioner, or petitioner's future child on their I-864, if your wife and child are not being claimed as dependents by their parent.

2) You are count on 21a NOT 21c, you are the intending immigrant. as for child, if born before I-864 is needed then child is counted on 21d of petitioner's form.

3) Joint sponsor parent would count any dependents as in brother on 21c of the joint sponsor's I-864.

As for other questions.

If un-employed then would not have a letter from employer. 1099 is a document issued to people who are contractors, or from banks reporting interest income etc.. it is a sporting doc for a tax return, needed if have one and using returns. Easier to just get tax transcripts from the IRS since they are free.

Joint sponsor only needs to show past year's return or IRS transcript.

[Buggy 0]

Thank a lot YuAndDan for your really helpful answer.

about 1) So on the I-864 of my wife, do I have to put her dad in part 24b and combine my wife's income and her dad's income in 24c ? what about 24d ?

about 3) Do the dad need to count all people in the house or just the people he claimed on his last tax return (dependents) ?

cause for example is divorced but the ex wife is still there, she have no where to go and he doesn't want to kick her out in the street, so she's there and her boyfriend is there too, but they're not dependent so... ?

the dad doesn't need to count his daughter (my wife petitioner) even if he claims her on his taxes ?

Thanks a lot.

[YuAndDan 153]

Thank a lot YuAndDan for your really helpful answer.

about 1) So on the I-864 of my wife, do I have to put her dad in part 24b and combine my wife's income and her dad's income in 24c ? what about 24d ?

about 3) Do the dad need to count all people in the house or just the people he claimed on his last tax return (dependents) ?

cause for example is divorced but the ex wife is still there, she have no where to go and he doesn't want to kick her out in the street, so she's there and her boyfriend is there too, but they're not dependent so... ?

the dad doesn't need to count his daughter (my wife petitioner) even if he claims her on his taxes ?

Thanks a lot.

1) No, Wife is not adding her income to that of her father, her I-864 will stand alone, it will count only her, you, and any children that she may have.

3) Yes, anyone he claims as his dependents. Does not need to count the ex, or the boyfriend though.

[Buggy 0]

Thanks YuAndDan

So if the dadhave to make his own I-864, he have to meet the requirements alone without combining the I-864 of my wife if I understand.

I counted and the dad plus 7 persons he claimed on his last taxes plus me the immigrant, that makes a household of 9.

I checked the 2011 poverty guideline and the income should be $51.812, but he's only making $48.XXX (i don't remember how much exactly).

Since he's under the 125% poverty line and he have no assets, and nobody worrks except him, I though about a solution.

Maybe since we only gonna be at NVC part in 5/6 months, maybe during this time he can open a saving account (if he doesn't have one already), and all together him, my wife and me tryin to put money on this account progressively until we have around $4000/$5000 and that asset combine to the last year income make him crossing the poverty line by a little bit at the moment of filing his I-864.

I know they're gonna ask a bank statement to prove that saving money, but are they looking if that deposit is recent or not ? are they requiring on the date ?

I don't want them to make problems cause they feel the dad made a saving account "just for the occasion" if you know what I mean...

Is that solution possible ?

Thanks in advance.

[YuAndDan 153]

Thanks YuAndDan

So if the dadhave to make his own I-864, he have to meet the requirements alone without combining the I-864 of my wife if I understand.

I counted and the dad plus 7 persons he claimed on his last taxes plus me the immigrant, that makes a household of 9.

I checked the 2011 poverty guideline and the income should be $51.812, but he's only making $48.XXX (i don't remember how much exactly).

Since he's under the 125% poverty line and he have no assets, and nobody worrks except him, I though about a solution.

Maybe since we only gonna be at NVC part in 5/6 months, maybe during this time he can open a saving account (if he doesn't have one already), and all together him, my wife and me tryin to put money on this account progressively until we have around $4000/$5000 and that asset combine to the last year income make him crossing the poverty line by a little bit at the moment of filing his I-864.

I know they're gonna ask a bank statement to prove that saving money, but are they looking if that deposit is recent or not ? are they requiring on the date ?

I don't want them to make problems cause they feel the dad made a saving account "just for the occasion" if you know what I mean...

Is that solution possible ?

Thanks in advance.

May be simpler to use someone else as a joint sponsor, someone who is not supporting so many people, and has sufficient income to show support for an immigrant.

[Buggy 0]

May be simpler to use someone else as a joint sponsor, someone who is not supporting so many people, and has sufficient income to show support for an immigrant.

We wanted that as the last solution, but we're gonna try to ask the family I guess... thanks

[pushbrk 12,883]

We wanted that as the last solution, but we're gonna try to ask the family I guess... thanks

Please be specific about who you are counting in the Dad's household and why. Your wife doesn't need to be counted if she's working. Things often change after tax returns are filed. Please list the people by their relationship. It would be Dad, plus some number of dependent children, since he isn't married.

[Buggy 0]

It's a complicated family situation...

I'm just gonna give the list of who the dad is claiming on his taxes :

First son

Second Son

Third son

Fourth son

Girlfriend of the fourth son who's living there

The baby the fourth son and his girlfriend had together

The ex-wife

so it's 7, plus the dad and me, that makes nine persons, it's under the poverty limit for around $3.000

My wife's not working but he doesn't claim her on his taxes anyway, so she doesn't count...

So after thinking, there's 2 solutions :

- finding another joint sponsor (the dad is trying with one of his brother)

- wait the beginning of 2012 and he'll claim less people on his next taxes to meet the requirements.

oh by the way my wife shipped the I-130 package last thursday.

[pushbrk 12,883]

It's a complicated family situation...

I'm just gonna give the list of who the dad is claiming on his taxes :

First son

Second Son

Third son

Fourth son

Girlfriend of the fourth son who's living there

The baby the fourth son and his girlfriend had together

The ex-wife

so it's 7, plus the dad and me, that makes nine persons, it's under the poverty limit for around $3.000

My wife's not working but he doesn't claim her on his taxes anyway, so she doesn't count...

So after thinking, there's 2 solutions :

- finding another joint sponsor (the dad is trying with one of his brother)

- wait the beginning of 2012 and he'll claim less people on his next taxes to meet the requirements.

oh by the way my wife shipped the I-130 package last thursday.

Sounds to me like you understand your options well.

[Buggy 0]

Hi VJ members.

I haven't posted for a while, I'm waiting for NOA2.

It seems some april filers already got their NOA2, so I have good hope.

But to save some time we already trying to prepare in advance the I-864 package.

But it's complicated and I have millions of questions.

We found a joint sponsor, my wife's uncle.

He's supposed to be way above the 125% so it's goood on that point.

He's claiming 3 of his brother's kids on his taxes cause both his brother and wife's brother have no income, so he have 3 dependents (3 nephews).

The problem is that he's married since october 2010, but he filed 2010 taxes as "head of household" (don't ask me why I have no idea), and he said he doesn't know if he's gonna file married for year 2011 (again don't ask m why, it's his business).

1) The problem he can have are between him and the IRS, but is it risky for me and my wife to use him as joint sponsor ?

2) When does the IRS processing the taxes and can see he did wrong ?

3) If they process his taxes and don't say anything about it, so can we use him safely ?

4) Do the NVC or consulate check themselves if the taxes are filed properly ?

About the joint sponsor in general, he supposed to maintain the immigrant above the 125% of the poverty guideline.

5) The NVC and the consulate can see on the last taxes if he do or not, but how do they know if the joint sponsor (or sponsor in other cases) still maintain the immigrant above 125% with the future taxes ?

6) Do the sponsor/joint sponsor have to send his future taxes somwhere to prove it ?

7) Are the NVC or Consulate check with the IRS if sponsors still maintain immigrants above 125% in the future ?

Thanks a lot.

Edited July 2, 2011 by Buggy

[pushbrk 12,883]

Hi VJ members.

I haven't posted for a while, I'm waiting for NOA2.

It seems some april filers already got their NOA2, so I have good hope.

But to save some time we already trying to prepare in advance the I-864 package.

But it's complicated and I have millions of questions.

We found a joint sponsor, my wife's uncle.

He's supposed to be way above the 125% so it's goood on that point.

He's claiming 3 of his brother's kids on his taxes cause both his brother and wife's brother have no income, so he have 3 dependents (3 nephews).

The problem is that he's married since october 2010, but he filed 2010 taxes as "head of household" (don't ask me why I have no idea), and he said he doesn't know if he's gonna file married for year 2011 (again don't ask m why, it's his business).

1) The problem he can have are between him and the IRS, but is it risky for me and my wife to use him as joint sponsor ?

2) When does the IRS processing the taxes and can see he did wrong ?

3) If they process his taxes and don't say anything about it, so can we use him safely ?

4) Do the NVC or consulate check themselves if the taxes are filed properly ?

About the joint sponsor in general, he supposed to maintain the immigrant above the 125% of the poverty guideline.

5) The NVC and the consulate can see on the last taxes if he do or not, but how do they know if the joint sponsor (or sponsor in other cases) still maintain the immigrant above 125% with the future taxes ?

6) Do the sponsor/joint sponsor have to send his future taxes somwhere to prove it ?

7) Are the NVC or Consulate check with the IRS if sponsors still maintain immigrants above 125% in the future ?

Thanks a lot.

Nobody knows the future. Affidavits of support show past income and current income. The IRS is not going to see his affidavit of support.

[Buggy 0]

I asked and that uncle filed his 2010 taxes as HOH (even if imo he was not supposed to) and got his refund already, so the irs didn't say anything about it.

I guess we can go with him safely right ?

Edited July 3, 2011 by Buggy

[pushbrk 12,883]

I asked and that uncle filed his 2010 taxes as HOH (even if imo he was not supposed to) and got his refund already, so the irs didn't say anything about it.

I guess we can go with him safely right ?

His filing status will not be an issue with regard to the affidavit of support, provided he accurately states his household size.

[Darnell 8,478]

I asked and that uncle filed his 2010 taxes as HOH (even if imo he was not supposed to) and got his refund already, so the irs didn't say anything about it.

I guess we can go with him safely right ?

hey - why not do a 'dry run' with his I-864, see if he'll meet the poverty guidelines, including his wife.

ie - fill out the form, run the math, see if he qualifies prior to actually sending it in.