I-864 Confusion

[luxx 1]

Hello everyone!

I have a question for my friend. She is about to file for adjustment of status and has problems with I-864 form.

Her husband's family owns their business and mom dad and him file taxes together, him being the dependant.

So, how do they do the I-864 form.

I understand that he has to file I-864 form alone. Do parents fill I-864a each (household members)? or as joint sponsors.

Her husband used to live with his parents until they go married not too long ago.

We are so confused how to do this.

Thank you

[kcoyclay1 98]

He fills out I-864 because he is petitioning for her. He shows his earnings for the current year plus his W-2 for most current year. If he is below poverty guidelines, one of his parents can do an I-864 as joint sponsor (you stated he no longer lives in the household). They will have to provide proof of income and all documents required on the I-864 as well as their W-2 and supporting income documents that corresponds with taxes.

[luxx 1]

Thank you so much for replying.

Her husband is unemployed at the moment and they need joint sponsor. So, he fills out one I-864 as main sponsor and attaches 3 years of tax transcripts, and his dad fills second I-864 as joint sponsor and attaches 3 last years of tax transcripts. Right?

and it's ok that those tax transcripts are the same, because the filed them together those years(sponsor and joint)?

That is why I was confused thinking his dad has to file I-864a as household member.

Thank you again

[KayDeeCee 4,896]

Thank you so much for replying.

Her husband is unemployed at the moment and they need joint sponsor. So, he fills out one I-864 as main sponsor and attaches 3 years of tax transcripts, and his dad fills second I-864 as joint sponsor and attaches 3 last years of tax transcripts. Right?

and it's ok that those tax transcripts are the same, because the filed them together those years(sponsor and joint)?

That is why I was confused thinking his dad has to file I-864a as household member.

Thank you again

Yes, he would need the I-864 too because the I-864A is only used by someone that is actually residing in the same house as the primary sponsor.

I am confused by something though. If the son was listed a dependent on his parents taxes, then they were really his parents tax returns weren't they? How could he file taxes jointly with his parents, being listed as their dependent? It seems he did not file taxes on his own.

[luxx 1]

aaa ok, now it makes sense. We missed that lol

So, son fills out I-864 and puts zero as income, do you think he would need to send letter explaining why he has no income and attach taxes as proof?

[KayDeeCee 4,896]

aaa ok, now it makes sense. We missed that lol

So, son fills out I-864 and puts zero as income, do you think he would need to send letter explaining why he has no income and attach taxes as proof?

He would need to write a statement explaining why he was not legally required to file taxes for the last 3 years. If he had no income, he should state that. If he did not make enough for the IRS to require that he file, then he should state the amount he made and that the income amount was so low that he was not legally required to file.