Questions about revised I-864 Form

[walletless 0]

Hello,

I will be applying for I-485 Adjustment of Status since my wife is a USC. I have filled all the necessary forms, but am somewhat confused about the revised I-864 form. Since I still have to complete my medical examination and waiting for copies of few documents from India, it will be after the old forms expiration date - so I do not have a choice here.

I am mostly confused about part 6 of the form. Here is a little background before I get to my questions:

1) I have an approved I-130 from back when my wife for a green card holder. Now she is a US Citizen and have upgraded my case to IR-1.

2) Wife is U.S. Citizen and sponsor. She is a homemaker since last few years and has income of $0.

3) I am on H-1B Visa and my income is sufficient to get us over 125% of poverty line for a family of 3 (wife, me, kid).

4) I will not be required to file I-864A since my kid is already a U.S. Citizen and I am not bringing any other dependents in

5) My wife and I have been filing joint tax returns since our marriage in 2007.

With that, here are my questions:

1) Part 6 Item 6:

The I-864.pdf Form says to include "Income you are using from any other person who was counted in your household size" i.e. not include the sponsor. However, I-864 Instruction document says the following

Take your annual individual income from Item Number 5. and enter it on Item Number 6.c. If this amount is greater than 125 percent (or 100 percent if you are on active duty in the U.S. military and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from Part 5., Item Number 8., you do not need to include any household member's income.

Further, the form also seems to give guidelines for requirements of including income for persons listed in Item 7 thru 10, but not 6:

To determine the filing requirements for your relatives included in Part 6, Item Number 7. - 10., follow these instructions

So for Item 6, do I list my wife's name/income ($0) or my name/income? The form and instructions seem to be conflicting (or I am mis-understanding them)

2) Part 6 Item 12

I will be checking this form given the background above. However, below the checkbox, there is a text box asking for "Name(s)". Which names do they want here?! There is nothing in the instructions document explaining this :-(

Thanks in advance for whoever responds..

Edited June 5, 2013 by walletless

[walletless 0]

Anyone?

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[walletless 0]

Hi Ryan,

Why the move to Work/Student/Tourist? The thread is about IR-1 adjustment of status. If anything, the http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/ forum may be appropriate.

Thanks.

Edited June 6, 2013 by walletless

[Ryan H 3,834]

Hi Ryan,

Why the move to Work/Student/Tourist? The thread is about IR-1 adjustment of status. If anything, the http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/ forum may be appropriate.

Thanks.

IR-1 visa holders do not adjust status, they are given green cards upon entry. You have stated that you currently hold a work visa and that you are adjusting status from that visa to Permanent Resident.

Edited June 6, 2013 by Ryan H

[walletless 0]

IR-1 visa holders do not adjust status, they are given green cards upon entry. You have stated that you currently hold a work visa and that you are adjusting status from that visa to Permanent Resident.

Thanks for the explanation, Ryan. I believe the thread should be moved here then: http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/

This is because I am filing family-based AoS while on H-1B. This forum seems more for folks filing work-based AoS.

[Harpa Timsah 13,258]

This is the correct forum, Wallet. You are adjusting FROM a work visa. You are filing a concurrent I-130/I-485 application. Those types go in this forum. "IR-1 adjustment of status" is not a thing.

To your question, I'll have to look over the new form for the part numbers.

[walletless 0]

Ok, I guess I am just mis-understanding the forum titles then. Thanks Harpa & Ryan. Please do let me know if you have answers to my original questions.. The revised form is the most confusing form I have ever filled out (and I have filled out my fair share in my 10 years in U.S.!)

[Harpa Timsah 13,258]

With that, here are my questions:

1) Part 6 Item 6:

The I-864.pdf Form says to include "Income you are using from any other person who was counted in your household size" i.e. not include the sponsor. However, I-864 Instruction document says the following

Further, the form also seems to give guidelines for requirements of including income for persons listed in Item 7 thru 10, but not 6:

So for Item 6, do I list my wife's name/income ($0) or my name/income? The form and instructions seem to be conflicting (or I am mis-understanding them)

2) Part 6 Item 12

I will be checking this form given the background above. However, below the checkbox, there is a text box asking for "Name(s)". Which names do they want here?! There is nothing in the instructions document explaining this :-(

Thanks in advance for whoever responds..

1. Part 6 item 6. This is where you put YOUR income as the intending immigrant and spouse of the sponsor. "Mr. Immigrant, husband, salary" You are also counted in the household size above so it all matches. Part 6 number 1 is your WIFE even though she is unemployed (she will actually tick Part 6 Number 4 for "unemployed."

Be very clear, SHE is the sponsor, NOT you. Even though she makes zero, SHE is the sponsor.

2. Part 6 Item 12:

Your name. You are the person listed in 6a above.

[walletless 0]

Thanks Harpa! That definitely helps.