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aprilflower

I-864 joint filing of cosponsor

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I am trying to figure out which forms we need to submit for income and I'm getting confused looking at different scenarios. My husband and I live in India and I(the US citizen) have no income as I'm not working. My father and step-mother have agreed to be cosponsors and they file their taxes jointly. My Dad is retired so he is only making around $25K and they also to have 2 younger children living at home. My step mother is making more of course as she is still working. As I understand it my father needs to fill out the I-864. What about my step-mother? Should she fill out the I-864 as well or I-864A?

Also as I do not reside with my parents at present my father should not count me as a dependent child on 21d, correct?

Which part of the tax documents are suppose to be submitted? Just W2 or the whole long form?

Thanks for the help:).

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Filed: IR-1/CR-1 Visa Country: Vietnam
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I am trying to figure out which forms we need to submit for income and I'm getting confused looking at different scenarios. My husband and I live in India and I(the US citizen) have no income as I'm not working. My father and step-mother have agreed to be cosponsors and they file their taxes jointly. My Dad is retired so he is only making around $25K and they also to have 2 younger children living at home. My step mother is making more of course as she is still working. As I understand it my father needs to fill out the I-864. What about my step-mother? Should she fill out the I-864 as well or I-864A?

Also as I do not reside with my parents at present my father should not count me as a dependent child on 21d, correct?

Which part of the tax documents are suppose to be submitted? Just W2 or the whole long form?

Thanks for the help:).

One parent does the I-864, the other parent does an I-864A. They include all the needed documents. If your parents claimed you as a dependent on their most recent tax return then you would be included in the household count.

The petitioner also does an I-864 regardless of income. Petitioner also has to prove / establish US domicile.

See the I-864 FAQ link in my signature below. It will have some useful information.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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One parent does the I-864, the other parent does an I-864A. They include all the needed documents. If your parents claimed you as a dependent on their most recent tax return then you would be included in the household count.

The petitioner also does an I-864 regardless of income. Petitioner also has to prove / establish US domicile.

See the I-864 FAQ link in my signature below. It will have some useful information.

Could the OP just have the mother-in-law be a co-sponsor and fill out an I-864 since she makes enough, and not even worry about the father-in-law and doing an I-864a, or does the mother-in-law and father-in-law both have to be co-sponsors because they joint file their taxes?

- Bron

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Could the OP just have the mother-in-law be a co-sponsor and fill out an I-864 since she makes enough, and not even worry about the father-in-law and doing an I-864a, or does the mother-in-law and father-in-law both have to be co-sponsors because they joint file their taxes?

- Bron

That's possible as well if the MIL has enough individual income for her household count plus the intending immigrant.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Thanks for your quick reply Anh map.I had gone ahead just after you posted your reply and filled out what I could for my Dad and step-mom as well as my own I-864. I-864 for him and I-864A for her. I prefer to do it that way. I love my step-mother but I feel more comfortable with my Father being the main co-sponsor as such or joint rather than making her the main person.

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  • 2 weeks later...

Another question. Online the Packet 3 says that original documents have to be submitted. So am I understanding correctly that I need to have my parents courier their original tax documents from the US to us in India? and it also says that I should prove household members are US citizens. Neither of my parents has a passport. What do I need to ask them for? Birth certificate and photo ID (driver's license)?Or anything else? I am hoping these things can be copies instead of originals???

----

i) If form I-864 was not submitted to NVC the applicant must submit the following from the petitioner (sponsor):

a) Form I-864

b) Evidence that the household member is a U.S.Citizen /U.S. Permanent Resident if a form

I-864A is submitted.

c) Federal tax return (form 1040) or Internal Revenue Service (IRS) Transcripts with all W2s and supporting schedules for the most recent taxable year.

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Another question. Online the Packet 3 says that original documents have to be submitted. So am I understanding correctly that I need to have my parents courier their original tax documents from the US to us in India? and it also says that I should prove household members are US citizens. Neither of my parents has a passport. What do I need to ask them for? Birth certificate and photo ID (driver's license)?Or anything else? I am hoping these things can be copies instead of originals???

----

i) If form I-864 was not submitted to NVC the applicant must submit the following from the petitioner (sponsor):

a) Form I-864

b) Evidence that the household member is a U.S.Citizen /U.S. Permanent Resident if a form

I-864A is submitted.

c) Federal tax return (form 1040) or Internal Revenue Service (IRS) Transcripts with all W2s and supporting schedules for the most recent taxable year.

You may want to have your parents get tax transcripts from the IRS website and then send those to you. It's free to order them from the website and they come in less than a week. Get the W-2 forms from your stepmother since she's still working and get the 1099 forms from your Dad to prove his retirement/social security income. They're going to have to send you the I-864 and I-864a forms with real ink signatures anyway so they might as well throw it all together into one big envelope for you and send it on over (the tax forms and transcripts are all photocopies anyway, there's only one "original" copy and you submit that to the IRS and never get it back). As far as proving their US citizenship, just have them send you a copy of their birth certificates. I think that may be the only acceptable proof since they don't have passports; don't worry about the driver's license or anything like that. Be mindful of any proof of domicile stuff for you that you can have your parents send you like copies of letters, bank statements, car title, etc. My parents had to send me a couple of envelopes because I kept forgetting things I needed; best to get it done in one mailing. I know it will all work out for you :)

- Bron (Makati/Utah)

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