I-1864, 1864A confusion

[socalmab 0]

I recently wen through the process of getting my fiance from the Philippines over to america we were married. We are now in the process of attempting to bring her daughter over here. We just mailed off the agent pf choice letter and now I am working on the I-1864 form. I thought I had everything done correctly until double checking and believe my wife needs to fill out an I-1864A form. The problem is we were waiting until her daughter was here until she started working. She has no income and she has not filed taxes I filed jointly last year( our first year married under the tax guidelines. My questions are as follows

A. Does my wife need to file a 1864-a form?

B. She obviously has not submitted any taxes so should she leave that blank?

C. Does she eventually also have to fill out an affidavit of support???

Thank you for the time and consideration in any follow up responses

[NikLR 13,232]

No she doesn't need to fill one out. She would only need it if you combining income to meet the guidelines.

[socalmab 0]

No she doesn't need to fill one out. She would only need it if you combining income to meet the guidelines.

Thanks so on Part 1 D should I not check I am the only joint sponsor? I should leave it blank? and also part 6 d. the person listed above has filled out a i-1864a should be blank because my wife's name is not listed at all even if my wife is listed under household size?

[NikLR 13,232]

If you have no joint sponsor then you leave it blank. Your wife doesn't fill out an I-864a. She's the beneficiary (aka principal applicant at the NVC stage.) You do not include her in Part 6,24-b so she would not be listed in Part6, 24-d.

Are you using assets?

Have you made over the poverty guidelines in one more more W2 or tax transcript?

Is your wife the ONLY person you are sponsoring at this time?

If the answer to all those questions is YES then fill out an I-864EZ.

If the answer is NO to ANY of those questions keep filling out the I-864 and unless you need to include your wife's income, you simply put her into Part 2, Part 3, and Part 5 and that's it. You also do not count your wife as "your spouse" on your wife's I-864. She is counted as the number in 21-a.

[socalmab 0]

If you have no joint sponsor then you leave it blank. Your wife doesn't fill out an I-864a. She's the beneficiary (aka principal applicant at the NVC stage.) You do not include her in Part 6,24-b so she would not be listed in Part6, 24-d.

Are you using assets?

Have you made over the poverty guidelines in one more more W2 or tax transcript?

Is your wife the ONLY person you are sponsoring at this time?

If the answer to all those questions is YES then fill out an I-864EZ.

If the answer is NO to ANY of those questions keep filling out the I-864 and unless you need to include your wife's income, you simply put her into Part 2, Part 3, and Part 5 and that's it. You also do not count your wife as "your spouse" on your wife's I-864. She is counted as the number in 21-a.

I am not sponsoring my wife, she is all ready here. I am sponsoring her daughter. I had no problem when I brought my wife here I am just confused because I read that she has to fill out I-864a even though she is not making any income at the time being.

[NikLR 13,232]

Reading comprehension fail on my part sorry. That's what i get for answering late after work and not paying attention. I apologize.

No if you're not using your wife's income then she doesn't need the I-864a. But you do need to count her on your i-864 as your spouse and her daughter would be the one you're petitioning. But if your wife has no income why would she be joint sponsoring as a household member? She doesn't need to fill out an I-864a.

Fill it out exactly the same as you did for your wife but with the child's name and address. The only difference will be that you count your spouse when you count your household size.

Edited April 7, 2013 by NikiR

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of US Citizens to America forum.