I-864

[epsonderby 85]

Hi y'all,

I'm wondering if I could get some guidance on the I-864 we're completing so I can file I-130/I485 concurrently.

We are having my wife's father sponsor me, but I'm not sure if that means that he needs to fill out an I-864A because we're all living in the same household or if he fills out an I-864? I have to be counted on my wife's I-864 as I'm technically part of her household, but aren't I also part of my father-in-law's household as he's sponsoring me?

I'm sure this will be first of many questions I need answering so thank you all in advance...

[amykathleen2005 441]

Your main sponsor is always your wife if she has money or not. From that point you can have a joint sponsor or because you live in the same household as the one who is helping you sponsor, all of the income in that household who are related can combine their income into a household application. I would recommend doing that with the I-864A.

[Anh map 2,098]

What is the make up of the household where you live? Specifically is your father in law the head of his household (has a wife, children at home, other dependents)?

Does your wife have any income?

If your wife has little to no income then it would be better to have the joint sponsor complete the I-864 regardless of the relationship. This gives the adjudicating officer a clearer picture of the joint sponsor's household. Also, it prevents a delay that an RFE for an I-864 would cause if the 864A was submitted.

[epsonderby 85]

What is the make up of the household where you live? Specifically is your father in law the head of his household (has a wife, children at home, other dependents)?

Does your wife have any income?

If your wife has little to no income then it would be better to have the joint sponsor complete the I-864 regardless of the relationship. This gives the adjudicating officer a clearer picture of the joint sponsor's household. Also, it prevents a delay that an RFE for an I-864 would cause if the 864A was submitted.

My father-in-law isn't married and doesn't claim anyone on his taxes so his household is 1 and my wife has her daughter so she has a household of 2. Which household do I put myself in? My wife's as the main sponsor or my father-in-law's as the joint sponsor. Can I be on both forms?

[Harpa Timsah 13,258]

If your father-in-law qualifies, I would have him do an I-864. Much more clear. Father would need enough for 2: him, you.

Edit: couldn't figure out who was who

Edited June 28, 2012 by Harpa Timsah

[epsonderby 85]

Very grateful for all the answers, guys. This is making a stressful process a lot easier.

So just to clarify:

My wife completes I-864 for her and her daughter and my father-in-law completes an I-864 for him and I, correct?

[Anh map 2,098]

Very grateful for all the answers, guys. This is making a stressful process a lot easier.

So just to clarify:

My wife completes I-864 for her and her daughter and my father-in-law completes an I-864 for him and I, correct?

Are there any other people in your FIL's household?

The petitioner counts herself, any dependent children, and the intending immigrant in their household.

The joint sponsor counts himself, any spouse, dependent children, and the intending immigrant.

[epsonderby 85]

Are there any other people in your FIL's household?

The petitioner counts herself, any dependent children, and the intending immigrant in their household.

The joint sponsor counts himself, any spouse, dependent children, and the intending immigrant.

We (me, wife and her daughter/my step-daughter) are living with the FIL at the moment if that makes any difference?

So it's ok for me to be on both forms and being claimed on both forms?

[Nich-Nick 3,354]

We (me, wife and her daughter/my step-daughter) are living with the FIL at the moment if that makes any difference?

So it's ok for me to be on both forms and being claimed on both forms?

Yes, you are named on both forms if each do an I -864. Its just establishing a household size +immigrant to know if the person qualifies. That's the way I would go but either way is acceptable.

For people in the same house, there is this other option. There is one -I-864 filled out by your wife. Look at a form...I think it's #24 where she can add to her income a household members income. It's a good option if neither Dad or wife made enough on their own, but together they were over. She can't add Dads income without his permission. The I-864A is basically his permission slip. Again, look at form I-864A and you will see its purpose. It says yes I'm agreeing to throw my money in the family pot and also to pledge my responsibility to the immigrant. You also have to prove they are immediate relatives and live at the same address. Read the instructions for those details.

I think if Dad makes enough on his own, then it's cleaner for him to fill out his own. He doesn't have to prove address or kinship with more documents. He does have to prove he's a USC or permanent resident with either way.

[epsonderby 85]

So this is what I have still to resolve:

My wife's I-864:

Q8. Yes

Q10. 1

Q21a. 1

21b. Herself 1, 1 for me as the spouse and her daughter/my step-daughter is also 1

21h. 4

My FIL's I-864:

Q8. Yes

Q10. 1

Q21a. 1

22b. Himself 1

21h. 2

I'm confused that I'm not supposed to count myself twice, but in my wife's I clearly am; both as the spouse and the immigrant?

[Anh map 2,098]

So this is what I have still to resolve:

My wife's I-864:

Q8. Yes

Q10. 1

Q21a. 1

21b. Herself 1, 1 for me as the spouse and her daughter/my step-daughter is also 1

21h. 4

My FIL's I-864:

Q8. Yes

Q10. 1

Q21a. 1

22b. Himself 1

21h. 2

I'm confused that I'm not supposed to count myself twice, but in my wife's I clearly am; both as the spouse and the immigrant?

There is very obvious type that says to not count anyone twice. There is no way to interpret that any other way.

Line 21 A is to count the person(s) being sponsored.

Lines 21 B - G are for persons NOT BEING SPONSORED. You are being sponsored.

[epsonderby 85]

Thanks for the clarification. I was overthinking it too much. The forms are now completed and I'm confident I got it right. My wife's household is 3 (including me) and my FIL's household is 2 (including me)

[epsonderby 85]

Another question regarding the I-864.

We have completed the FIL's I-864 as Joint Sponsor. I have finished my wife's as Main Sponsor. She has no income so I've included the following in an attachment:

Q.25 Federal income tax return information.

I did not file Federal income tax returns with the IRS in 2009, 2010 and 2011 because of zero income due to being a stay-at-home mother.

Reference:

Year Required income to file ($) Actual income ($) Source

2009 9350 0 IRS Form i1040/2009

2010 9350 0 IRS Form i1040/2010

2011 9500 0 IRS Form i1040/2010

Best Regards,

With that in mind, how do we answer Q.25? Do we mark either of the boxes? or do we write in hand 'see attachment' or something similar?

Edited July 8, 2012 by epsonderby