questions regarding I-864 Joint Sponsor for a DCF filer

[In_AR_From_TX 0]

So I have a question(s) regarding a joint sponsor and the I-864 form.

So my sister is applying for her husband to come over to the states. They current live abroad and need to have a joint sponsor for their I-864. Our father will be the sponsor so my initial question is, Does he only need to fill out the I-864 or the I-864 and I-864A as well? My father is the sole income earner for himself and our mother and they file their taxes jointly and that leads me to my next question Since my parents file their taxes jointly will my mother also have to fill out an I-864A even though she does not work?

Thanks in advance for everyone's help.

[Pinenut 1]

I am in the same situation; thank you for posting. I have read all the threads I could find on this topic, but everywhere there are different answers and I'm still not sure! What is clear is that just I-864A can only be used if the petitioner (your sister) lives with the person who is helping sponsor (your father). If they don't live together, use I-864.

DCF is what makes me confused, though, because I had to have residence here in Russia to file (I used my 2 year student visa), but my permanent residence is with my dad in usa. His is the address I will be using to prove domicile, with voting records and drivers license. So which form?! And if we do use 1-864A, how should we show that we have the same residence?

[wee carrington 33]

Alight, as I understand it, both your father and your sister would fill out the I-864. If your mother is on his tax return (filing jointly) she would fill out an I-864A, since she is your father's household member allowing their money to be used in sponsoring your brother-in-law. It falls to your sister prove she is intending to reestablish domicile in the United States if she is now domiciled abroad. I hope this helps a little.

[wee carrington 33]

I am in the same situation; thank you for posting. I have read all the threads I could find on this topic, but everywhere there are different answers and I'm still not sure! What is clear is that just I-864A can only be used if the petitioner (your sister) lives with the person who is helping sponsor (your father). If they don't live together, use I-864.

DCF is what makes me confused, though, because I had to have residence here in Russia to file (I used my 2 year student visa), but my permanent residence is with my dad in usa. His is the address I will be using to prove domicile, with voting records and drivers license. So which form?! And if we do use 1-864A, how should we show that we have the same residence?

Here is the link to the I-864 FAQs page on the travel.state.gov website:

http://travel.state.gov/visa/immigrants/info/info_3183.html#10

This is what the London consulate says regarding domicile:

http://london.usembassy.gov/faq_i864_domicile.html

So if you're just studying abroad and your domicile is, in fact, in the United States and it's your father's house then he would be your household member and therefore fill out an I-864A.

CORRECTION: If you are saying that your domicile is in Russia then you would fill out an I-864 and your dad would fill out an I-864 as a joint sponsor and it would fall to you to prove that you have intent to re-establish domicile in the US-- tax forms, voting register, drivers license, ect. Show that you have kept ties with the US.

Edited October 26, 2011 by Mrs GH

[In_AR_From_TX 0]

Alight, as I understand it, both your father and your sister would fill out the I-864. If your mother is on his tax return (filing jointly) she would fill out an I-864A, since she is your father's household member allowing their money to be used in sponsoring your brother-in-law. It falls to your sister prove she is intending to reestablish domicile in the United States if she is now domiciled abroad. I hope this helps a little.

Thank you both for your feedback it definitely stopped us from making a mistake and miss out on a form (I-864A).

Thank

[In_AR_From_TX 0]

Does anyone have an I-864A and an I-864 that is filled out that they can share with me. I am looking for one that fits into my scenario where a joint sponsor filled I-864A and a household member of that joint sponsors has filled out an I-864A.

thanks again guys

[MrsNelson 10]

Wait, so even though your Mom doesn't work, she has to fill out a sponsor form as well? Basically saying she's okay that Dad is using his money to be a sponsor? I'm in this situation as well. My Dad doesn't work (househusband) and my Mom makes the money. She's co-sponsoring my husband with me. We've got her birth certificate, tax transcripts and things like that. I thought my Dad didn't have to fill out anything, am I mistaken? Great questions!

[wee carrington 33]

Wait, so even though your Mom doesn't work, she has to fill out a sponsor form as well? Basically saying she's okay that Dad is using his money to be a sponsor? I'm in this situation as well. My Dad doesn't work (househusband) and my Mom makes the money. She's co-sponsoring my husband with me. We've got her birth certificate, tax transcripts and things like that. I thought my Dad didn't have to fill out anything, am I mistaken? Great questions!

I don't know the answer to this question definitively. I'm sorry.

[Jessica Dougan 0]

I'm in the same situation, but I read it differently. It's my understanding that the joint sponsor only has to show finances above 125% poverty line for the household size. If the joint sponsor can show that, than the househusband or wife doesn't need to be on the form or fill out an 864A. the 864A is only if the joint sponsor can not show adequate finances.

[matlm 1]

I'm bumping this. I need a definitive answer as well. Only my mom is the joint sponsor. My dad doesn't want to fill anything out if possible . both work but my mom's income is more than sufficient.

[fean07 3]

Jessica is right.

As DCF probably the petitioner who remain the main sponsor does not meet the poverty requirements, therefore we use a co-sponsor.

The co sponsor needs to file the I864

If the co sponsor meet the poverty requirement and is able to show the current salary, then nobody else need to sponsor the immigrant.

If the co sponsor does not meet the requirements alone, but can meet along with an other member of the family then this member of the family need to file the i864a

If a second sponsor is required to meet the requirement but it's not part of the family of the other co sponsor, then this second one need to file the i864 as well.

However everything is clearly written in the instruction