sponsor and co sponsor i864 and i864A?

[DanielDK 0]

After reviewing visajourney thoroughly, I am still confused as to which form my mother (co sponsor) has to file.

I'm the sponsor so I have to file I 864. I live with my mother who happens to be the co sponsor. Does my mother have to file I864 or I864A?

Also on part 6 #24, do I have to add my mothers income and check off letter D stating that I864A was filed?

[KayDeeCee 4,896]

After reviewing visajourney thoroughly, I am still confused as to which form my mother (co sponsor) has to file.

I'm the sponsor so I have to file I 864. I live with my mother who happens to be the co sponsor. Does my mother have to file I864 or I864A?

Also on part 6 #24, do I have to add my mothers income and check off letter D stating that I864A was filed?

If you want your mother's income to be combined with yours to meet the 125% requirement, then she would use the I-864A. If you just want to use her income alone on its own to qualify, then she can fill out her own I-864. She does not HAVE to use the I-864A just because you live together. It is up to you how you would like to deal with it.

And yes, if she uses the I-864A, then on your I-864 in #21 g. you put a 1 there for her. Then in #24 b. you list her name, relationship to you and income, and in c. list your income added together with her income and check the box for d.

[DanielDK 0]

thank you

[Harpa Timsah 13,258]

If you are your mother's dependent, and she qualifies on her own, it is better if she fills out her own I-864 because household count can get messed up with I-864A.

[DanielDK 0]

even if I live with my mother, she can still file I-864 instead of i-864A? I was told that my mother would have to file I-864A if i live with her.

Her income qualifies on her own and i'm dependent due to low income. If my mother files I-864, do I have to provide an evidence that I'm related to her?

For I-864A, I would have to provide proof of being related to my mother and also that we live in a same household.

[KayDeeCee 4,896]

even if I live with my mother, she can still file I-864 instead of i-864A? I was told that my mother would have to file I-864A if i live with her.

Her income qualifies on her own and i'm dependent due to low income. If my mother files I-864, do I have to provide an evidence that I'm related to her?

For I-864A, I would have to provide proof of being related to my mother and also that we live in a same household.

As I told you in my first reply to you above on March 3rd, NO, your mother does not HAVE to use the I-864A just because you live together.

If you want your mother's income to be combined with yours to meet the 125% requirement, then she would use the I-864A. If you just want to use her income alone on its own to qualify, then she can fill out her own I-864. She does not HAVE to use the I-864A just because you live together. It is up to you how you would like to deal with it.

If she claims you on her taxes as a dependent, then she should go ahead and use the I-864 because she needs to claim you as well as your wife in her household count. I am not sure how it works with a parent claiming a relative that is married. I do not think you can file taxes jointly with your wife if she claims you though. You would have to look up the tax laws for all of that.

Edited March 13, 2012 by Jay-Kay

[Harpa Timsah 13,258]

Yes, I agree with the above. It is better if your mother fills out her own I-864.

Edited March 13, 2012 by Harpa Timsah

[DanielDK 0]

Thank you all for the prompt reply. I just have few more questions.

I'm not under my mother. I'm actually under her company as an employee. Even if i'm not her dependent, is it still better to file I-864 instead of i-864A?

Also if my mother is filing her own i-864, on part 1, does she check of letter D (only joint sponsor) or A (i am the petitioner)?

[DanielDK 0]

Also for on #24, on part B, do i have to list my mother's income? Do I check of letter E?

[KayDeeCee 4,896]

Thank you all for the prompt reply. I just have few more questions.

I'm not under my mother. I'm actually under her company as an employee. Even if i'm not her dependent, is it still better to file I-864 instead of i-864A?

Also if my mother is filing her own i-864, on part 1, does she check of letter D (only joint sponsor) or A (i am the petitioner)?

Ok, first of all, your mother would never check she is the petitioner, as she did not petition for your wife, you did. On your I-864, you check a. On her I-864, she checks d.

Also for on #24, on part B, do i have to list my mother's income? Do I check of letter E?

Second of all, you seem to be confusing the processes for the forms. It works one way if she fills out the I-864, and another way if she fills out the I-864A.

Let me try and break it all down...

If you are not her dependent, then you can do it either way. If she makes enough to cover herself, her dependents plus your wife, then she can fill out her own I-864. The I-864A is used for a household member to combine their income with yours in order to meet the 125% poverty level. If you wanted to combine your income with her income, then she would fill out the I-864A, and her income from that form would be entered on your I-864 and added together with your income. How you want to do it is entirely up to you, as I said earlier in this thread.

I-864A route:

IF you decide to combine your incomes, she fills out the I-864A. There is a section on the form where you have to print your name and sign off on it too, as I answered about in another thread you made. IF she fills out the I-864A, then you would list her on your I-864 in #24 b. Take the total from a. and b. and put that in the box for c. You would then check d., as she would indeed be filling out an I-864A.

I-864 route:

IF you decide to skip the I-864A and have your mom fill out her own separate I-864 (which I suggest you do since you seem to be having a hard time understanding how it works with the I-864A), Then you mother would check d. in part 1 for being the only joint sponsor, and as I stated above, you check a. in part 1 on your I-864 because you were the one that petitioned for your wife and are the primary sponsor no matter how much you make.

Part 2 will be filled out the same for both of you with your wife's information. You will both check the box in part 3 #8, and check the Yes box under it. Do not check off anything for #9, and put 'None' in the first blank for a. there. In #10, you and your mother will both put a 1 there, which is the only intending immigrant you are sponsoring, your wife.

Part 4 will be your personal information on your I-864 and your mother's personal information on her I-864. Part 5, you and your mother will each total up your household sizes. For your I-864, do not put a 1 in a c. Your wife is counted in a. and you do not count her twice. If your mother is married, she would put a 1 in c. on her I-864, otherwise she puts a 0 too.

Part 6 you will each list your employment info and income. When your mother is using the I-864, both of you will put 'None' on the first line of #24 b. You will not be combing incomes, as no one is filling out the I-864A. #25 for each of you, list your income from previous tax returns. If you did not file taxes for any of the previous 3 years, then include a statement as to why you did not legally have to file taxes that year.

Part 7 is to list your assets you would like to use in order to reach the 125% level. If your mother has enough income to qualify as the joint sponsor already, then no need to list assets. Skip that part and leave it blank.

Part 8, make sure you read and understand what you are signing, print your name on #30 and then sign and date on #31.

You each need to provide a tax transcript(or complete copy of return with W-2s and 1099s), letter from employer stating position and salary, and a few months worth of your most recent pay stubs. Your mother also needs to include proof of being a US citizen or permanent resident.

Please look over the example form to help you understand how to fill out the form better: http://www.visajourney.com/examples/INS-Form-I-864.pdf

Edited March 14, 2012 by Jay-Kay

[Harpa Timsah 13,258]

You have a lot of patience Jay-Kay

[KayDeeCee 4,896]

You have a lot of patience Jay-Kay

It is hard sometimes, but thank you

[DanielDK 0]

wow jay-kay. THANK YOU! Sorry for being a paint in the #### but i have one more question.

If my mother and I fill out i-864 form, do we need to provide a proof that we're related?

[KayDeeCee 4,896]

wow jay-kay. THANK YOU! Sorry for being a paint in the #### but i have one more question.

If my mother and I fill out i-864 form, do we need to provide a proof that we're related?

You are welcome!

No. If she fills out the I-864 there is no need. That would be only for the I-864A. She does need to provide proof of being a USC or LPR though, which can be a copy of birth certificate, naturalization, bio page of US passport, or front and back copy of green card.

[DanielDK 0]

Thank you again for taking the time to answer all my questions.