I-1864 OR I-1864A??

[amna-h 7]

Hey guys, i need some help. My husband's income does not meet the mentioned poverty guideline, so his brother will be helping him out.

Since his brother (who isnt married, nor has any kids) lives with my husband, he qualifies to fill the form I-1864A.. Right? Thats what i read on the i-1864A instructions - quote :
“a relative who has the same prinicipal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent or sibling”

I also read this :
In filling out the I-864A, the household member is taking on the obligations involved with sponsoring an alien and adding his/her income to the petitioner's income to meet or exceed 125% of the poverty guideline level. For example, if petitioner A makes $10,000 and his father, who lives in the same household, makes $20,000, the father would complete I-864A. The two incomes would then be combined to equal $30,000, thereby allowing the financial requirement to be satisfied.
www. njimmigrationattorney.com/blog/2014/12/affidavit-of-support-form-i-864a-and-joint-sponsors.shtml


Should I go ahead with this?? because i feel by doing this he can simple add to my husbands income. If anyone has an idea about this or has done the same thing, please share your experience.

[aleful 1,905]

hi

that's correct, your husband will file the i864 and his brother will file the i864A

[J&N071213 57]

Hi! His brother would fill out a I864a form. In the form I864 page 4, Part 5 number 7, remember to enter 1 for your husband's brother.

My sister used my mother as a cosponsor with form i864a.

Also in the example where it says both incomes would be combined it refers to page 5 part 6, where it would include his brothers income.

[amna-h 7]

hi

that's correct, your husband will file the i864 and his brother will file the i864A

Thanks for your reply

Hi! His brother would fill out a I864a form. In the form I864 page 4, Part 5 number 7, remember to enter 1 for your husband's brother.

My sister used my mother as a cosponsor with form i864a.

Also in the example where it says both incomes would be combined it refers to page 5 part 6, where it would include his brothers income.

Thank you!! Yes i noticed that already, and you cleared it for me

Just want to confirm few more things, advice and suggestions are welcome from you both:

1. "Current individual annual income" - does this mean the one hes making at the moment? He makes $20/hour and works 40 hours in a week..plus commissions that he gets after every 3 months (variable amounts).

2. His brother will be filing the I-1864A, for that he needs to submit proof of relationship.. according to travel. state.gov, ONE of the following is asked for :

• Birth certificate;
• Marriage certificate;
• Adoption certificate;
• The petitioner or joint sponsor’s most recent Federal Income Tax Returns, if you are listed as a dependent; or
• A signed, written statement describing the relationship.

And i guess we can only send the last option. Any other suggestions to prove his relationship to my husband..because it doesnt seem enough and i certainly dont want a checklist i was also thinking of some doc that shows same residence

[J&N071213 57]

Thanks for your reply

Thank you!! Yes i noticed that already, and you cleared it for me

Just want to confirm few more things, advice and suggestions are welcome from you both:

1. "Current individual annual income" - does this mean the one hes making at the moment? He makes $20/hour and works 40 hours in a week..plus commissions that he gets after every 3 months (variable amounts).

2. His brother will be filing the I-1864A, for that he needs to submit proof of relationship.. according to travel. state.gov, ONE of the following is asked for :

• Birth certificate;
• Marriage certificate;
• Adoption certificate;
• The petitioner or joint sponsors most recent Federal Income Tax Returns, if you are listed as a dependent; or
• A signed, written statement describing the relationship.

And i guess we can only send the last option. Any other suggestions to prove his relationship to my husband..because it doesnt seem enough and i certainly dont want a checklist i was also thinking of some doc that shows same residence

1. I will just use $20p/h and calculate the income ($800×52) for the year.

2. You can always include a copy of both your husband's and his brother's birth certificate which would show same parents.

Your husband's income is expected to above poverty line, are you including a joint sponsor to be safe?

[amna-h 7]

1. I will just use $20p/h and calculate the income ($800×52) for the year.

2. You can always include a copy of both your husband's and his brother's birth certificate which would show same parents.

Your husband's income is expected to above poverty line, are you including a joint sponsor to be safe?

Yes, we can add the birth certificates, thats a good idea.

We have to see the income indicated on the tax transcript right and not the one that he was making?

He got new job at the bank in october 2014, and before that he wasnt making much working at a motel. So when he took out tax transcripts, of last three years (2014 being the latest), they were all below $19k

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[J&N071213 57]

If you read the part where your husband's brother income will be added it's under current annual income.

NVC would likely accept it since they put weight on this year's income. However, it would be at the consulate officer's discretion if he should have a joint sponsor.

You could do it now and send it to NVC or have it ready if requested at interview. But I would be afraid of being put in AP until they review.

[amna-h 7]

If you read the part where your husband's brother income will be added it's under current annual income.

NVC would likely accept it since they put weight on this year's income. However, it would be at the consulate officer's discretion if he should have a joint sponsor.

You could do it now and send it to NVC or have it ready if requested at interview. But I would be afraid of being put in AP until they review.

Im sorry i did not understand your point?

I mentioned that for my husband. That he worked in a motel before, hence low income shown in previous three years (i.e 2014, 2013 and 2012). All under $16000. My husband got a job recently at a bank. So his current gross annual salary is about $41,600. But since they want to know the income mentioned on the federal tax return for 3 most recent years not the current year.. thats what he would need a co-sponsor. And his brother will do that, he has been earning well above the financial requirement for past 3 or 4 years.

Please correct me if i am wrong!! Because alll this is pretty hard to understand :/

[NikLR 13,227]

He may not need a joint sponsor at all because he currently makes above the poverty guidelines.

What I would do is have your husband do the I-864. Then have his brother do a joint sponsor I-864 as well. Make two originals of the brother's I-864. Keep one to send to the NVC if they ask for a joint sponsor. But send the other to you in case the NVC is fine with the AOS but the embassy is not. The embassy makes the final decision.

In this case his brother and your husband can combine incomes because they are related and live together, but they don't have to. This way if you don't need the joint sponsor, then aren't using one. They're also not having to add a person so your husband's household count. Your husband would count 2 and so would his brother, unless the brother claims him on taxes and provided there are no children or other dependents.

[J&N071213 57]

Im sorry i did not understand your point?

I mentioned that for my husband. That he worked in a motel before, hence low income shown in previous three years (i.e 2014, 2013 and 2012). All under $16000. My husband got a job recently at a bank. So his current gross annual salary is about $41,600. But since they want to know the income mentioned on the federal tax return for 3 most recent years not the current year.. thats what he would need a co-sponsor. And his brother will do that, he has been earning well above the financial requirement for past 3 or 4 years.

Please correct me if i am wrong!! Because alll this is pretty hard to understand :/

NLR explained it better. Ultimately you include the past 3 years if you think it would help your case, but nvc looks at current income.

[amna-h 7]

He may not need a joint sponsor at all because he currently makes above the poverty guidelines.

What I would do is have your husband do the I-864. Then have his brother do a joint sponsor I-864 as well. Make two originals of the brother's I-864. Keep one to send to the NVC if they ask for a joint sponsor. But send the other to you in case the NVC is fine with the AOS but the embassy is not. The embassy makes the final decision.

In this case his brother and your husband can combine incomes because they are related and live together, but they don't have to. This way if you don't need the joint sponsor, then aren't using one. They're also not having to add a person so your husband's household count. Your husband would count 2 and so would his brother, unless the brother claims him on taxes and provided there are no children or other dependents.

Ok so you suggest that my husband shouldnt ask his brother to become his household member, rather asks him to fill the I-864?

I didnt know that they see the current income. But his previous 3 years income has beeen below poverty guideline, so isnt it safe to send the joint sponsor form along with his aos form?

His brother does not claim him on his taxes and hes single with no dependents.

NLR explained it better. Ultimately you include the past 3 years if you think it would help your case, but nvc looks at current income.

Yea, he will. and even if he doesnt, he will have to write the past three years income on the i864 form

[NikLR 13,227]

Ok so you suggest that my husband shouldnt ask his brother to become his household member, rather asks him to fill the I-864?

I didnt know that they see the current income. But his previous 3 years income has beeen below poverty guideline, so isnt it safe to send the joint sponsor form along with his aos form?

His brother does not claim him on his taxes and hes single with no dependents.

Yea, he will. and even if he doesnt, he will have to write the past three years income on the i864 form

1) Yes I think he should file a separate I-864

2) yes they see current income and the AOS is mainly based on current ongoing income. You should provide proof of such with pay stubs and/or a letter from the employer. You write down what your current income is, as in what it should be for 2015 (current year.) You can send a joint sponsor, or you can try on your own. Up to you guys.

3) I think they meant not include all 3 years tax transcripts, but you're correct that the information is written down anyhow.

[amna-h 7]

1) Yes I think he should file a separate I-864

2) yes they see current income and the AOS is mainly based on current ongoing income. You should provide proof of such with pay stubs and/or a letter from the employer. You write down what your current income is, as in what it should be for 2015 (current year.) You can send a joint sponsor, or you can try on your own. Up to you guys.

3) I think they meant not include all 3 years tax transcripts, but you're correct that the information is written down anyhow.

Thank you so much for taking out time to clear things out for me

After getting to know that they actually consider the current income, i think i will ask my husband to file aos without any joint sponsor. We should back up with good amount of evidence, like a detailed employment letter mentioning his date of joining, working hours in a week, nature of job, salary etc and also we would be attaching pay stubs for the last 6 months… anything else you suggest for evidence?

If they even think its not enough and send us an RFE, then we can add the joint sponsor.

Edited May 11, 2015 by Penguin_ie