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Got a checklist now I'm confused about my I-864 and I-864A

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Background:

We sent our Civil Documents and Affidavit of Support documents to the NVC on October 19, 2015. Because I was on the borderline for the federal poverty guidelines as stated on form I-864P I decided to file form I-864A with my dad as the household member so we could combine our incomes. Our combined income was WAY above the poverty guidelines so I figure there would be no reason for the NVC to have any issues.

Then on December 8 we received a checklist from the NVC stating the following (see attachment):

[x] In Part 5, Sponsor’s Household Size, please correct the following

[x] Item 8. The household size must equal the sum of: Sponsor + traveling applicants + household members filing form I-864A.

It was my mistake that we didn’t double check the numbers and we put “2” instead of “3” for the total household size. OOPS! We forgot to factor my dad, who filled out an I-864A, on my I-864. We have since corrected the mistake and we have a newly filled and signed I-864 ready for my wife to bring to the interview.

Our reasoning for being confused:

During the time interval between when we initially sent our financial documents to the NVC and now I have done a lot of research regarding I-864 and the I-864A to make sure that I am complying 100% to their rules. During my research I came upon a statement from the I-864A instruction page:

" Form I-864A may only be used when a sponsor’s income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements. The obligations of the household member under this contract terminate when the obligations of the sponsor under the Affidavit of Support terminate.”

My income on my 2014 federal tax transcripts was a little over $24K. The poverty guidelines for a household size of 2 is a little under $20K.

Our questions:

  1. Because my income is above the poverty guidelines does this mean that the NVC will throw out our I-864A and only use my income, instead of my combined income with my dad?
  2. Additionally the NVC is requiring us to fill out a new I-864 with the corrected household size to bring to the interview. Should my wife bring the corrected I-864 reflecting the combined income? Or should she bring the I-864 reflecting only my income (which is 4K above the poverty level)?

Our plan right now is for my wife to bring 3 versions of form I-864:

  • The corrected I-864 with my income still combined with my dad's
  • An I-864 with only my income
  • An I-864 filled out with my dad's info as the Co-sponsor (as a contingency)

I figure if we have those three versions of the form then whatever the CO asks for my wife will be able to provide.

Are we allowed to bring multiple versions of the I-864?

Edited by PHIL > AZ

I-612 Waiver of J1 Two Year Rule
12/31/2011 - Wife Entered U.S. on J-1 visa, Foreign Residence Requirement Applies
9/28/2013 - Married in the U.S.
7/23/2014 - NOA1 form I-612 for Waiver of the Foreign Residence Requirement (Basis: Extreme Hardship)
8/8/2014 - RFE Received
11/14/2014 - NOA2 I-612 Waiver Denied, Could not establish hardship
12/15/2014 - Sent another I-612 packet to U.S. Dept of state (Basis: No-Objection Statement)
12/15/2014 - Sent in application to Philippines Govt. for No-Objection Statement
1/14/2015 - No Objection Statement granted
4 months of waiting - The Philippines Govt. forgot about us!!!!
5/8/2015 - After multiple calls and emails the No Objection Statement was finally transmitted to DOS
6/4/2015 - I-612 Waiver APPROVED!

IR-1 Visa
6/3/2015 - Sent I-130 to Phoenix Locbox
6/4/2015 - NOA1
108 Days of waiting
9/22/2015 - NOA2
9/24/2015 - Case sent to NVC
10/1/2015 - Case received at NVC
10/14/2015 - Case number assigned
10/15/2015 - AOS Fee Paid online
10/19/2015 - CEAC AOS Fee status changed to "Paid" - AOS and IV packets sent to NVC
10/27/2015 - DS-261 was reviewed over the phone
10/29/2015 - DS-261 confirmed complete (over phone) and IV Bill Received - Paid online immediately "In Process"
10/30/2015 - Scan Date
11/2/2015 - IV Bill marked "Paid" and DS-260 completed

12/4/2015 - Case Complete (need to bring 1 corrected doc to Embassy)

1/6/15 - Medical Exam Complete

1/19/2015 - Interview Date

1/22/2015 - Visa Received (yellow envelope damaged)

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