I864 Headache

[jkim 0]

Hi All,

So now that my wife and I are finally married, we're preparing our paperwork for the AOS. She entered Chicago on a K1 on august 11 and we got married august 18 in a civil ceremony. I have all the paperwork almost ready to go for the AOS but I have a few questions regarding the I864.

Background info.

I, the petitioner, have zero income. I'm currently a dental student in my 2nd year and I've pretty much been living off of my savings, and being in a traditional Chinese household, my parents help out with most of the other stuff.

For the K1, I prepared an affidavit of support and my dad was the joint sponsor, that was simple and painless at Guangzhou. Now for the AOS, my dad will again be the joint sponsor. His income is more that adequate to sponsor my wife and have my mom and I on as dependents.

Questions.

1. To my understanding, since I am petitioning for my wife, I have to fill out an I864 even if it has 0 income on it correct?

2. As I was filling out the I864, it says stuff for tax returns and what not, I do not have tax returns since the last time I worked was in 2011. Is it ok to leave that blank?

3. My father will then fill out an additional I864 as the only joint sponsor. I'm assume that means he doesn't have to fill out an I864a?

4. Since my mother is a household member, she then fills out an I864a?

Just to make sure, basically I fill out an i864 with 0 income, my dad will be the joint sponsor and submit all necessary documents for proof of income, and my mother being a household member fills out an I864a. Please correct me if I am mistaken anywhere and please advise if there are any foreseeable problems. Thank you!

James

[fbragasilva88 17]

Hello there!

1) Correct.

2) For what I remeber you need to mention the 3 most recents tax returns.

3) Father fills out I-864, not I-864A

4) If your father meets the threshold on his own, then your mother does not need to fill out an I-864A

* This is what I think, I haven't done the process yet, so if someone has more experience and think that's wrong, please correct me!

Edited October 8, 2014 by fbragasilva88

[Caryh 5,206]

The petitioner is always the primary sponsor, needing an I-864, other members in the household will file I-864A who are joining as sponsors. If the father's wife filed joint taxes with the father, she would also need to fill out the I-864A. If is was separate households, then the petitioner would file and I-864, the father an I-864 and the mother would need the I-864A if she filed taxes with the father.

Edited October 8, 2014 by Caryh

[KayDeeCee 4,893]

Hi All,

So now that my wife and I are finally married, we're preparing our paperwork for the AOS. She entered Chicago on a K1 on august 11 and we got married august 18 in a civil ceremony. I have all the paperwork almost ready to go for the AOS but I have a few questions regarding the I864.

Background info.

I, the petitioner, have zero income. I'm currently a dental student in my 2nd year and I've pretty much been living off of my savings, and being in a traditional Chinese household, my parents help out with most of the other stuff.

For the K1, I prepared an affidavit of support and my dad was the joint sponsor, that was simple and painless at Guangzhou. Now for the AOS, my dad will again be the joint sponsor. His income is more that adequate to sponsor my wife and have my mom and I on as dependents.

Questions.

1. To my understanding, since I am petitioning for my wife, I have to fill out an I864 even if it has 0 income on it correct?

2. As I was filling out the I864, it says stuff for tax returns and what not, I do not have tax returns since the last time I worked was in 2011. Is it ok to leave that blank?

3. My father will then fill out an additional I864 as the only joint sponsor. I'm assume that means he doesn't have to fill out an I864a?

4. Since my mother is a household member, she then fills out an I864a?

Just to make sure, basically I fill out an i864 with 0 income, my dad will be the joint sponsor and submit all necessary documents for proof of income, and my mother being a household member fills out an I864a. Please correct me if I am mistaken anywhere and please advise if there are any foreseeable problems. Thank you!

James

Yes, you fill out an I-864. For any of the last 3 years you did not file, you must provide a statement as to why you were not legally required to file. You can write 'See Attachment' for the income amounts from the years you did not file. The explanation statement will be the attachment.

Your father fills out his own I-864 as the only joint sponsor. His wife fills out an I-864A to go along with his I-864. You are only counted in your father's household on his I-864 if he claimed you on his 2013 taxes as a dependent.