Help with I-864

[Amber and Peter 0]

Hi everyone. Peter and I (Peter being the immigrant and me being the US citizen) have successfully used his K1 visa and married within the allotted time period of 3 months. We are now in the process of filing for AOS.

I've got a couple questions about the I-864, affidavit of support (yes, both of us read the instructions for both I-864 and I-864a).

Here' the situation. My husband and I are currently living with my mother and father. Our household size is the four of us. I am a full time student as of right now and have no income--but I have worked part time jobs in previous years (not enough to clear the poverty limit though). I graduate in May. I know I am the primary sponsor and I know I fill out an I-864. My father is willing to help and makes well over the poverty limit by himself.

This is where I am confused. Does my father fill out a separate I-864, or does he fill out the I-864a, which I attach to my own i-864? My mother and father file tax together. Does she need to fill anything out? Some clarification would be appreciated. Thanks in advance.

[Zedayn 485]

Since your father lives with you, he will fill out an I-864A. For household size, normally it would be just you and your husband, but since your father is filling an I-864A you will need to include him as well. So by this, your household size is 3. In part 5 (Sponsor's Household Size) of the I-864, your father will be in Item Number 7.

From the I-864 instructions, part 5:

Item Number 7.

This question gives you the option of including certain other non-dependent relatives who are living

in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or

adult children, if they are living in your residence. However, the only reason to include these family members in your

household size is if you need to include their income when you calculate your household income for purposes of

meeting the income requirement for this form. To be considered, any relative indicated in this category must sign and

submit Form I-864A

And no your mother doesn't need to fill out an I-864A.

[Amber and Peter 0]

Thanks so much for your help!

[KayDeeCee 4,893]

You have no income right now, so no to the I-864A for the father. The I-864A is used for a household member to combine incomes with that of the USC petitioner/sponsor in order to reach the requirement. You have no income to combine with.

You = I-864 - your household size does not include your parents unless you claim them as dependents

Father = I-864 of his own

Mother = I-864A that goes with father's I-864

The mother does not have to fill out the I-864A if her income is not needed for the father to meet the requirement for his own household size plus the intending immigrant. It just tends to be easier to do it that way when they file joint taxes. However, if the mother does not wish to fill it out, then just have the father provide the most recent joint tax transcript plus a copy of his W-2 to show his individual income. Also needs letter from employer and/or recent pay stubs and proof of being a USC or LPR.

Edited January 8, 2014 by Jay-Kay

[Amber and Peter 0]

Ok...this is exactly what's confusing me. Zedayn quoted 'item 7' from the instructions. It sounds like my dad is supposed to fill out the I-864a. Item 7: non-dependent relatives living in your residence. But now I'm confused because I have no income to combine with...ugh.

[Amber and Peter 0]

I think I understand now after some research...Jay-Kay, my father claims me as a dependent on his taxes. Does he still fill out his own I-864?

[KayDeeCee 4,893]

Just because someone qualifies to fill out an I-864A does not mean they have to or should. Yes, he should fill out his own I-864. You will be included in his household size on his I-864 because he claims you on his taxes. Him being a joint sponsor with the I-864 instead of a household member with the I-864A is a better way to do it for your situation.

[Amber and Peter 0]

Thank you, Jay-Kay. So my father would tick the box, "I am the only joint sponsor" for part 1 question 1.d., correct?

[KayDeeCee 4,893]

Thank you, Jay-Kay. So my father would tick the box, "I am the only joint sponsor" for part 1 question 1.d., correct?

Yes, that is correct.

[Amber and Peter 0]

Thanks for your help. We already had an appointment with the civil surgeon who gave us the form in a sealed envelope. Glad that's over.