I-864 question

[zeraxx 0]

Hello,

I had a question about my wife that came on a K-1 visa and is currently in US. I am currently a student that just graduated from college and searching for a job. I did not have income last year and I am about to get a part time job, since it takes about 3-4 month after graduating, if not more, for me to get a job based on my degree. However, my mom has more then adequate income to be a sponsor. My mom last year claimed me as part of her tax return, I was on her yearly tax return. I was wondering how do I fill out the I-864 properly, can my mom just directly do it. She has an income of 58,000 yearly for a household of 4, so way over the minimum line. Can I fill out an I-864 if I was already claimed, or rather filled tax return, under my parent's taxes, especially since I did not have income last year.

Thank You for your help!!!

[KayDeeCee 4,896]

You must fill out your own I-864 as the USC petitioner/sponsor. Your mother will be the joint sponsor and fill out her own separate I-864. Since she claimed you on her most recent taxes, then she needs to include you in her household count as well.

[zeraxx 0]

Thank You, we both file I-864 or does one of us file I-864A? Thank You!

[KayDeeCee 4,896]

She should fill out her own separate I-864. The USC petitioner/sponsor would never fill out an I-864A. If she is married and not using her husband's income to meet the requirement, then she needs to include the tax transcript of their joint filing plus a copy of her W-2 to show what her individual income was. She should also include a letter from employer and/or recent pay stubs to prove her current annual income amount. She will also need to provide proof of being a USC or LPR.

Edited February 12, 2014 by Jay-Kay