I-864 walkthrough!

[Dewave2 17]

Hi Guys,

Looking for some help again! I'm just about to start filling out the I-864 part of our documents, however a lot of it is unfortunately going over my head. So story goes: My wife, an American citizen is filing for me from my VWP. For the past 10 months, she has been working and earning above the 125% required I think (I did once she a form which explained the exact amount needed to earn however I can't seem to find it again??). However, before this, she was unemployed or working on a freelance basis so not earning nearly enough to qualify, and before this was studying. So therefore, as far as I can tell, a cosponsor will be needed. My wires parents are more than happy to co-sponsor me. So my first question is, they both separately earn above the 125% mark, so do I just require one of them to co-sponsor, or do I need them both to do it as they both live together?

After this, I'm unsure on exactly what needs to happen, what needs to be included and the such. Everywhere I look I seem to get completely conflicting information! So, with the actual I-864, does my wife and then her parent both fill out identical forms, so in the end we end up with two separate I-864s? After this, would else needs to be included with these forms? I must admit, being from the UK I don't understand how tax returns work here, however in various places I have seen that tax returns are required to include? Can someone explain exactly what I need to include from each party with each I-864? It would be greatly appreciated!!

Also finally, with regards to the forms, if anyone knows of any questions that tend to always be tricky and get asked about, if you could warn me about them in advance and the answers to those questions, save me bugging you all a little late with them, that would be great!!

Thank you so much!

[judy jones 0]

Hi Guys,

Looking for some help again! I'm just about to start filling out the I-864 part of our documents, however a lot of it is unfortunately going over my head. So story goes: My wife, an American citizen is filing for me from my VWP. For the past 10 months, she has been working and earning above the 125% required I think (I did once she a form which explained the exact amount needed to earn however I can't seem to find it again??). However, before this, she was unemployed or working on a freelance basis so not earning nearly enough to qualify, and before this was studying. So therefore, as far as I can tell, a cosponsor will be needed. My wires parents are more than happy to co-sponsor me. So my first question is, they both separately earn above the 125% mark, so do I just require one of them to co-sponsor, or do I need them both to do it as they both live together?

After this, I'm unsure on exactly what needs to happen, what needs to be included and the such. Everywhere I look I seem to get completely conflicting information! So, with the actual I-864, does my wife and then her parent both fill out identical forms, so in the end we end up with two separate I-864s? After this, would else needs to be included with these forms? I must admit, being from the UK I don't understand how tax returns work here, however in various places I have seen that tax returns are required to include? Can someone explain exactly what I need to include from each party with each I-864? It would be greatly appreciated!!

From reading different post's I think one of your wife`s parent (the joint sponsor)will fill out an I864 and the other one will fill out an I864A. Your wife must also fill out an I864. You will therefore have two I864 and one I864A, each of them must include supporting evidence required from your wife's mom, dad and herself. That's my two cents, hopefully other VJ members will correct me if am wrong

Also finally, with regards to the forms, if anyone knows of any questions that tend to always be tricky and get asked about, if you could warn me about them in advance and the answers to those questions, save me bugging you all a little late with them, that would be great!!

Thank you so much!

[Nich-Nick 3,354]

Hi Guys,

Looking for some help again! I'm just about to start filling out the I-864 part of our documents, however a lot of it is unfortunately going over my head. So story goes: My wife, an American citizen is filing for me from my VWP. For the past 10 months, she has been working and earning above the 125% required I think (I did once she a form which explained the exact amount needed to earn however I can't seem to find it again??).

If she can prove adequate CURRENT income, then she won't need a joint sponsor. If her 2011 tax return doesn't show a full year's worth of income, then get a letter from her employer and photocopy 6 months of pay stubs. List on the form for income...current monthly salary x 12. Her income is not the figure on her tax return. Here's the chart. http://www.uscis.gov/i-864p

.

So therefore, as far as I can tell, a cosponsor will be needed.

Maybe not.

My wires parents are more than happy to co-sponsor me. So my first question is, they both separately earn above the 125% mark, so do I just require one of them to co-sponsor, or do I need them both to do it as they both live together?

One can be the sponsor alone. Even if they file a joint tax return, show the sponsor's separate income with the employer letter or pay stubs as mentioned above.

After this, I'm unsure on exactly what needs to happen, what needs to be included and the such. Everywhere I look I seem to get completely conflicting information!

Example of what to send if Dad alone is joint sponsor:

Spouse

• I-864
  
• Most recent tax return + form W2(I suggest 2011 since it will be her best)or a tax transcript free from IRS
  
• Employer letter (original) AND 6 months pay stubs (photocopies) Just to give two good proofs
  

Dad

• I-864
  
• Most recent tax return + his W2 (Photocopy) Until April 17 the 2010 will be accepted or 2011 if he's already filed.
  
• Employer letter (original) OR 6 months pay stubs (photocopies) Important to show his own income is enough since the tax return is likely joint. In case anybody tells you Mom has to do something because she's on the tax return, I will say I sent a joint tax return with my former spouse's name on it. They didn't care.
  
• Proof that Dad is a USC or permanent resident. His US birth certificate (potocopy) or his US passport biographic page (photocopy) will do nicely.
  

So, with the actual I-864, does my wife and then her parent both fill out identical forms, so in the end we end up with two separate I-864s? After this, would else needs to be included with these forms? I must admit, being from the UK I don't understand how tax returns work here, however in various places I have seen that tax returns are required to include? Can someone explain exactly what I need to include from each party with each I-864? It would be greatly appreciated!!

I would do as above. It's cleaner and to the point and will get the job done. There's other options like adding Dad's income to your wife's form if she lives in the same house. Then he does I-864A. Or Dad could add Mom's income to his I-864. Then she does I-864A. Forget that. He qualifies in his own without Mom, so don't muddy the water with extra forms. On the section where it asks income of his houshold members, he should leave that blank because he doesn't need additional money to qualify. He can also skip all the sections about his assets if his salary alone is enough based on his family size +1 (you).

[Dewave2 17]

Nick,

Thank you for your post! Covered absolutely everything I needed! I'm going to go the route you suggested with the outline of the forms for my wife, and then for her father. I think this way, all bases are covered, and there should be no reason for the package to be sent back requiring more information!

I have a couple of further questions, just from filling out the form, that hopefully yourself or someone else will be able to answer, hopefully these are much more simple!

Question 21, Household size. There is a heading 'Persons NOT sponsered in this affidavit', then under there is a box for 'If you are married, enter 1 for your spouse'. Now obviously, I am being sponsered by the affidavit, so Im assuming we dont put a '1' in the box here? This was it should keep the figure at 2, our household size??

Question 24e) There is a box to tick for the following: The person listed above (Does my name go in here??? I ask as it doesnt make clear exactly where 'above' is??) does not need to complete form I-864A because he/she is the intending immigrant and has no accompanying dependents. If the name entered is mine, do I tick the box, as I have no accompanying dependents?

Also, this raises another question, what is the I-864A for? And do I need to fill one out at all for anything?

Thats everything, thanks for all your help again! It is much appreciated!!

[Nich-Nick 3,354]

Question 21, Household size. There is a heading 'Persons NOT sponsered in this affidavit', then under there is a box for 'If you are married, enter 1 for your spouse'. Now obviously, I am being sponsered by the affidavit, so Im assuming we dont put a '1' in the box here? This was it should keep the figure at 2, our household size??

Your wife's form (if she has no children will look like the VJ sample http://www.visajourney.com/examples/INS-Form-I-864.pdf. You are the immigrant so you are not listed as spouse.

21a. 1 (that's you)

21b. 1 (that's your wife)

Her dad's form if there are no other kids in his household or on his tax return (like kids away at college):

21a. 1 (that's you)

21b. 1 (that's dad)

21c. 1 (that's mom)

21d. ? If there are younger kids still at home, they are counted on this line. If he still supports your wife, meaning she is listed on his tax return as a dependent then she is counted on this line.

Question 24e) There is a box to tick for the following: The person listed above (Does my name go in here??? I ask as it doesnt make clear exactly where 'above' is??) does not need to complete form I-864A because he/she is the intending immigrant and has no accompanying dependents. If the name entered is mine, do I tick the box, as I have no accompanying dependents?

Dad's form I-864:

24a. Dad's income

24b. Is where you can list money of people who live in your house. If Dad didn't make enough on his own, he could add mom's income to the pot here.

The line would say MOM............spouse...........$xxxxx.xx BUT Dad will not fill in this line.

24c. Dad's income again because we agreed he doesn't need Mom's money.

24d. The person listed above (MOM 24b) has completed I864A. Well if he was listing mom's money, then she would do I-864A. BUT he is not so nothing ticked there.

24e. Nothing because he won't have anybody listed above (24b)

Wife's form is the same except her income is in 24a and 24c. Everything else blank.

Also, this raises another question, what is the I-864A for?

In the previous bit about line 24b. IF Dad needed to use Mom's money, he would need Mom's permission. He can't just promise away her personal income. I-864A is the permission slip Mom would fill out.

And do I need to fill one out at all for anything?

NO. Actually YOU don't fill these out. Dad fills out his. Wife fills out hers. Nobody needs I-864A because they are not adding any family member's income in #24. Cleaner that way as I mentioned the first time I answered you.

Edited February 26, 2012 by Nich-Nick

[Dewave2 17]

Wow Nick,

Thanks! You're a star, wouldn't have been able to confidently fill out the form without you, so I'm extremely grateful!

Thanks again!