I-864 for Joint Sponsor

[London2SFrancisco 5]

Hello Everyone

Thanks in advance. Please take a look at the i-864 form to help me as i am facing problem to fill it up. I will be very specific and simple:

Background:

I recently entered US, POE: San Fransisco, CA. Got married this 4th september to my USC wife and now struggling to fill up i-864 for AOS. My USC wife is a student and her mother (lives in the same house) sponsored me as well. My wife is the US citizen (petitioner), Her mom (joint sponsor), and her brother lives in the same house. My mother in law has two dependents: my wife and her brother, and i am going to be the third one. My father in law is a green card holder, does not stay in USA.

Since my wife does not work and is a student, she is filing i-864, and her mom is also filing i-864 (not i-864A since there is no other earning member than her mom).

Problem faced:

1. When my wife (she is unemployed) is filling up i-864, on item 21 c, it asks: if you are currently married , enter one for your spouse, now that we are married should my fill up 1 in the box? Please refer to the the form i-864.

2. On item 24 a: list income is :$0. Item 24b: is the confusion, which states: Income you are using from any other person who was counted in your household size. Should her mother's name be included here. If so, then on item 21 how many household should be mentioned.????

3. When my mother in law fills up her i-864, how many house she should mention??? the confusion comes up on item 21 c of i-864 which states: if you are currently married , enter one for your spouse. Since my mother in law is married she must enter one in the box. On item 21 h, it asks to add all the "1" s and add them together to find the total size of house hold which comes up to 5 ( mother in law herself, my wife, my brother in law, me and the "1" she put since she is married, in total 5). Where as, it should be 4 since my father in law is away back home and is not in USA.

Please help. please help.

[JoannaV 174]

Your wife will already have counted you as the immigrant she is sponsoring, so she does not count you in the married box.

Your wife is not using a household member's income so no don't include her mother there.

Your mother-in-law does need to count her husband as part of her household.

[London2SFrancisco 5]

Your wife will already have counted you as the immigrant she is sponsoring, so she does not count you in the married box.

Your wife is not using a household member's income so no don't include her mother there.

Your mother-in-law does need to count her husband as part of her household.

Thank you for replying.I am still confused because when my mother in law filled for tax papers she excluded her husband from the household. When her mother applied for sponsorship papers she excluded her husband.In that case what should we do?

[KayDeeCee 4,893]

Her spouse is counted. Household size is not based on who you live with. She must count herself, any spouse, any dependent children under 21, any other dependents she claims on her taxes, and anyone else she may have ever filled out an affidavit of support for before. See the I-864 instructions more details about household count.

[Nich-Nick 3,354]

Her spouse is counted. Household size is not based on who you live with. She must count herself, any spouse, any dependent children under 21, any other dependents she claims on her taxes, and anyone else she may have ever filled out an affidavit of support for before. See the I-864 instructions more details about household count.

I'd vote for Joanna's answer if Mom files taxes without the husband and he is out of the country, BUT if she filed an affidavit of support for her husband's greencard, then she lists that unless he left for good and gave up his greencard forever. Then she is off the hook for his affidavit of support.

[Anh map 2,098]

I'd vote for Joanna's answer if Mom files taxes without the husband and he is out of the country, BUT if she filed an affidavit of support for her husband's greencard, then she lists that unless he left for good and gave up his greencard forever. Then she is off the hook for his affidavit of support.

The husband/FIL counts and is included on the affidavit of support. (page 6 of the I-864 instructions)

Mother in law includes all person claimed as dependents on her most recent federal tax return, herself, her spouse, and the intending immigrant.

[KayDeeCee 4,893]

From the I-864 instructions:

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support.

[London2SFrancisco 5]

Thanks a lot for your replies. but um still confused about when my wife is filling her i864 ( she does not earn, she is a student) on item no 24b does she include her mother's name? since she is the only joint sponsor??? please help. thank again.

[KayDeeCee 4,893]

Thanks a lot for your replies. but um still confused about when my wife is filling her i864 ( she does not earn, she is a student) on item no 24b does she include her mother's name? since she is the only joint sponsor??? please help. thank again.

No. That is for listing a household member that is filling out an I-864A and combining their income with the person filling out the I-864. Her mother will be filling out her own separate I-864 and not an I-864A.

[London2SFrancisco 5]

No. That is for listing a household member that is filling out an I-864A and combining their income with the person filling out the I-864. Her mother will be filling out her own separate I-864 and not an I-864A.

Thanks JAY-KAY....and thank you all in VJ. im ready to send of my paperwork to USCIS CHicago Lockbox....so Everyone wish us good luck....