Question on i-864 and i-864 sending soon would appreciate help

[gunmouse 0]

I am the American citizen and married my wife on a k1 visa a week ago. I had to have my father sponsor her for the k1 process and I'm confused how I should handle it with the AOS process. My father and mother file there taxes jointly, but he is the only one that works. Does he need to fill out the i-864 as the only joint sponsor, and also the i-864a? Does my mother need to fill out and sign the i-864a since they file taxes jointly and her name is on the paperwork. Also I need to know if I would put my self down as a dependant for my father. I'm not marked as a dependent on his latest tax form, but I'm still not sure how I should fill out part 5 on the i-864 for him. I could really use some advice. Thanks so much.

Edited September 21, 2015 by gunmouse

[newacct 688]

So your income now is not sufficient? Note that as the petitioner you will still need to fill out an I-864.

Your father as joint sponsor fills out an I-864. If his income is not suffient and it's necessary to also count your mom's income, then your mom would fill out I-864A as a household member, but since your mom doesn't work anyway, that's not applicable. If you are not their dependent then you would not be counted in his household size. Assuming your parents don't have any dependent children, your father's household size would be 1 (immigrant) + 1 (himself) + 1 (his spouse, your mom) = 3.

[KayDeeCee 4,896]

Just to add to what was already answered.. since they filed jointly, he needs to provide a complete copy of their taxes with all forms, schedules, W-2s and/or 1099s, OR an IRS transcript plus his W-2s and/or 1099s to show his individual income from their tax return.

If you are not his dependent, then you are not in his household count. How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ

[gunmouse 0]

I read somewhere that since my parents filed jointly, and even though my mom doesn't work, she still needs to fill out and sign anot i-864a and sign to prove that she is aware of the circumstances. Is this true? Should I put the same income tax information down for her on part 4 as my father or not?

[newacct 688]

I read somewhere that since my parents filed jointly, and even though my mom doesn't work, she still needs to fill out and sign anot i-864a and sign to prove that she is aware of the circumstances. Is this true? Should I put the same income tax information down for her on part 4 as my father or not?

It's not true, but I have heard some consulates have weird requirements. If she fills out an I-864A, the income tax information should be the same as her husband's since they filed jointly.

[KayDeeCee 4,896]

This is for AOS and the USCIS, not any consulate or NVC, so should be ok just following the I-864 requirements and instructions.

The I-864 instructions even mention supplying the W-2s and/or 1099s for someone using only their income but filing jointly. The I-864A is optional. If you want to go ahead and have the mom fill out an I-864A anyway, then yes, she would enter the same Total Income from their joint taxes for the last 3 years.

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf >

You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your
Federal individual income tax return for the most recent tax year.

...

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every
Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS
transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

...

You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return.

[TBoneTX 46,152]

Several erroneous posts have been removed at the request of the poster.

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