Which Affidavit Of Support To Use?

[Damilolly 1]

Hi all,

I'm new to the forum and will appreciate your help please.

I'll like to know which affidavit of support to use.

My dad is a 74yr old US citizen, I'm over 30 and live in England.

My dad earns minimal income so my older sister will support.

I understand my dad should use the standard I-864.

My question is which affidavit of support form should my sister use?

My sister is over 50, married with kids, self employed and lives in another state. Will she be categorised as part of his household so required to fill I-864a? or not part of household so i-864? Where do I find info regarding who qualifies as part of the petitioner's household?

I've just realised my priority date is current so I need to act quickly.

Thank you.

[Nich-Nick 3,354]

She does an I-864. An I-864A could be used only If Dad was listing her income on his form because she lived under his roof. She doesn't.

But if she files a joint tax return with her husband, the income is all lumped together not showing who earns what. The USCIS will reject it because she didn't prove her sole income was enough. Best to list her husband on her I-864 under:

Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See Form I-864 Instructions.) Please indicate name, relationship, and income.

Person 1. (Husband's details)

Then her husband will do an I-864A (because he does live under her roof) to show he goes along with supporting you.

[aleful 1,905]

hi

the same for your sister, she will be your dad's joint sponsor

your dad files the i864 as sponsor and petitioner, your sister will file another i864 as his only joint sponsor

to be a household member, they must live in the same house, so no i864A

[Damilolly 1]

Thank you!

[Damilolly 1]

Thanks again for your answers.

I would appreciate clarity on this point.

My sister's husband will file the i-864a along with my sister's i-864 and dad's.

As my sister owns the business with her and her husband working and filing taxes together, does she have to file w2s and form1099 or just Taxes and every Form 1040 Schedule, if any? She says their w2s are very low.

Do I need to show my sis and her hubby's income separately?

Thank you.

[Nich-Nick 3,354]

If you had a way to show your sister's full income separately then she wouldn't need to add her husband or his I-864A. If she had an employer letter, W2, and pay stubs for herself showing enough income, that would work. But she is self employed which makes the final proof more by the tax return, which is joint. The number immigration will look at is Line 22 of their joint tax return Form 1040. It has to be higher than the needed amount.

For I-864 form filling out, she will have to figure out how much is her income and how much is her husband's because they go on separate lines, but the real proof document is the joint tax return.

A separate issue is what is a complete tax return. It is anything that would go to the IRS if mailing a paper return. That would be all forms and schedules plus any wage statements given by employers like W2s or 1099s. An easy way around figuring that out is order a tax return transcript from the IRS. It is a complete proof all by itself.

Edited March 21, 2016 by Nich-Nick

[Damilolly 1]

Thanks again.

Does the i-864 need to be notorized?

I just saw this https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

When you have completed the affidavit of support, compiled the necessary documentation, and had the affidavit notarized in the United States or before a U.S. consular or immigration officer, you should provide this packet of information to your relative to submit with his or her application for permanent resident status. If you are given specific instructions to file your affidavit of support directly with the National Visa Center, you should follow those instructions.

[Damilolly 1]

Please help me determine my dad's household size.

My dad and my step mum live together.

They have 3 kids all over 25. One is working in Atlanta and another in Houston but they still come home often and the third is usually between army reserve accommodation and his girlfriend's.

How does USCIS or NVC determine which of them lives with my dad and is therefore a member of his household?

(Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.)

He doesn't claim any of them on his taxes.

[Nich-Nick 3,354]

For the affidavit of support, his household size is Dad, Dad's wife, Immigrant. It is calculating who he would be responsible to support. Obviously he includes himself and his wife. He has to count the immigrant in the total. The rest of his kids are off on their own. The only reason he would count some of his kids is if they were minors or he claimed them as dependent om his tax return because they were away at college or they were permanently disabled and he totally supported them for example.

Nothing is notarized.

[Damilolly 1]

$25,200 is the requirment for 3.

I might not need an additional sponsor then; his wage is a bit over that.

What do you think?

Thank you.

[Nich-Nick 3,354]

If your Dad remains over the minimum by the time of your interview, then it should be fine. That could be some years off. You don't have a timeline, so I don't know dates of what has been filed already.

[Damilolly 1]

If your Dad remains over the minimum by the time of your interview, then it should be fine. That could be some years off. You don't have a timeline, so I don't know dates of what has been filed already.

Thanks!

I only joined a couple of weeks ago so I don't know how to do that.

My priority date is current has been for a while. I got my letter to pay and start processing almost a year ago but I didn't attend to it until this year as I wasn't sure I wanted to relocate.

My understanding is my i-864 pack could be reviewed within 60days of submission then case complete and 45day wait for interview but if I get a checklist it's another 30days after I satisfy their request then case complete?

Edited March 21, 2016 by Damilolly

[Nich-Nick 3,354]

Oh, good to hear it's time to move on it.. Look beside your info on the right side of your post and click "timeline". That will take you to where you can create one. Put in dates as they happen.

[Damilolly 1]

Oh, good to hear it's time to move on it.. Look beside your info on the right side of your post and click "timeline". That will take you to where you can create one. Put in dates as they happen.

Thank you.

I just tried again but after filling in the info I got an error to contact admin but the link takes me to the forum page nowhere to contact admin.

[Damilolly 1]

If your Dad remains over the minimum by the time of your interview, then it should be fine. That could be some years off. You don't have a timeline, so I don't know dates of what has been filed already.

Please confirm my time estimation is correct? I'm not years off?

Cos I've estimated that I might get my interview by July as my priority date has been current for a few months.

Or could it get retrogressed?