Need help with I-864

[Lexandr 0]

Me and my spouse are students and living by ourselves, so we need a joint sponsor. Neither of us have any relatives that meet the criteria or that are willing to do it. However, we have a friend that is willing to, she also doesn't make enough money, but she lives and fills out her taxes with her parents, that make about 60k a year together. What would be the best way to do this, I know my spouse have to fill out an I-864. How about our friend, does she fill out another I-864 and then her parents fill out an I-864a? Or can she just fill out an I-864 and show the tax returns?

Thanks!

[Harpa Timsah 13,258]

The parents would need to be the sponsors, not the friend.

[Lexandr 0]

So she can't fill it out for us even though her tax returns show a household income above 125% poverty line?

[Harpa Timsah 13,258]

No because she is a dependent of her parents. The parent would be the sponsor and the daughter can be the "household member" as their dependent.

Her taxes aren't "household" btw. She is listed as a child of her parents and they take an exemption (tax benefit) for supporting her. She needs to file taxes on her own personal income. There is no family tax form. Two parents can file a joint return, and each child earning income needs to file their own taxes. The child would just mark that their parents count them as a dependent and the exemptions would be figured accordingly. If her own personal taxes show 125% of the poverty line, she can be your co-sponsor, but it sounds like she doesn't make enough on her own, and possibly that she has not even filed her taxes properly.

Edited to add: The I-864 would need to show all of their family members, plus your husband.

Edited October 4, 2011 by Harpa Timsah

[AnythingButCommon 2]

So she can't fill it out for us even though her tax returns show a household income above 125% poverty line?

No she can't. If she is making above 125% by her own then she can be your sponsor but in you case her whole family income is above 125%.

If her father's income is enough then he only need to fill I-864(joint sponsor) and if his alone income is not sufficient then have add family's income.

who ever is the joint sponsor he/she have to fill I-864 and if they are adding their household's income in that, then household need to fill I-864a.

[Lexandr 0]

Thank you for your replies. Just so I understand, she have a family household of 4. So her dad should be making enough to sponsor 6 people? Their family plus us two? That is above $36,921. Now if he doesn't make enough, her wife would have to fill out an I-864a correct?

[Harpa Timsah 13,258]

He just needs a family of 5. His family (which I guess is 4 people?), plus your husband. Not you.

[Lexandr 0]

Harpa, one more question. You are saying that she could be the co-sponsor if she made above 125%. That is the part I don't understand. If her dad can use a combined income of his household, filling out an 864 and having her wife or or my friend fill out the 864a, why can't my friend do the same and fill out an 864 and have her dad fill out an 864a to combine their incomes? Just because she filled out her taxes as a dependent of them? The reason I'm asking is because she thinks it will be easier to have her dad do it this way...

[Harpa Timsah 13,258]

Because yes, she is a dependent of them. I-864A is for dependents, and her parents are not her dependents, so they cannot fill one out if she is the co-sponsor. The household count in the affidavit would likely be wrong, unless she claims her parents and her sibling. She can't say "I make $1 dollar a year and I live with my father who makes $50K, so accept me as the co-sponsor and my father is the household member." It won't fly.

Furthermore, it sounds like she didn't file her own taxes which is incorrect. If she is on her parent's taxes as a dependent, they did NOT include her income in their tax return. She needs to file those back taxes for her own income.