I864A for husband - stumped.

[Tracy-->NY 40]

My stepdad was my cosponsor with my mum my petitioner. At the time my mum had no income but now receives about 10k social security per year. Her and my stepdaf file joint returns. Now they are doing the i864a for my husband but return provides a total adjusted gross income for both. Do I do one i864a with one name only or an i864a for both and if both how do I list adjusted gross income individually?

[aleful 1,905]

hi

you will file the i864 as sponsor and petitioner for your husband

your mom will fill out the i864 and because she doesn't qualify on her own, she will need your stepdads income to combine income, and he will fill out the i864A

remember, your stepdad has to still include you as part of his household size, so it will be 4, since you are still a legal permanent resident

do they have enough income to cover 4 people? if not then you will need to get someone else as your joint sponsor

[kris&me 572]

Fill out the IRS worksheet in the tax instuctions and attach that with the I 864 to allow the untaxable portion to be included in the income

you need to send a letter saying this is part of the income and needs to be considered / immigration allows a percentage of SS income but not the normal way

immigration offices look only at the line on the form for taxable income (last line on 1st page) they will not accept the untaxabel unless you write as this to be included

[TrauCon 3]

You - as a petitioner - will file I864 even you have 0 income, or not enough.

All other household members that help as a financial sponsor will need to file I864A. Each household member person will need to file their own I864A.

Best Wishes.

[Tracy-->NY 40]

But how do you complete the section with each individual's gross adjusted income of they file as married filing jointly. Yes they will be household members.

They adjusted income in 2015 is over 50k

[TrauCon 3]

Tracy-->NY,

Help me understand your case situation. Is this correct?:

Petitioner: Your mother.

Beneficiary: Your husband

Financial Sponsor: You, your mother and step father.

Your mother and step father filed tax jointly.

If the above is correct then:

Your mother: i864 - list the Social Security benefits in it. Even though, her income is below poverty level, she still needs to file i864 by herself. She is the primary sponsor regarless.

You: i864A

Your step father: i864A - even file jointly with your mother, but he still has his contribution portion. Look in the Tax form. List the gross income of him only. Dont list the joined amount. On the i864, your step father will be the one who will sign the form together with you. You mother will not a signature in it, therefor he should not put the "adjusted gross income" of both. To put in simple term: whoever filling out the I864A, just need to list the gross income of that person only.

Thats my opinion, not legal advise. If you need to consult with a lawyer then do it.

[TrauCon 3]

Also, more information from NVC:

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Step_4_Collect_Financial_Documents.html

If none of the above apply and you are using the income of other household members to meet the minimum income requirement. The sponsor must complete Form I-864 and each household member must complete Form I-864A

See tips for completing I-864 and tips for completing I-864A

The key term is "each". Your mother and step father need to file i864 separately. And since i864 just have the signature for the filler then "adjusted gross income" will not work since that is the income of both. Your father cannot sign for your mother and vice versa. They need to claim whats theirs (income) only.

Thats my opinion, not legal advise. If you need to consult with a lawyer then do it.

[KayDeeCee 4,896]

Fill out the IRS worksheet in the tax instuctions and attach that with the I 864 to allow the untaxable portion to be included in the income

you need to send a letter saying this is part of the income and needs to be considered / immigration allows a percentage of SS income but not the normal way

immigration offices look only at the line on the form for taxable income (last line on 1st page) they will not accept the untaxabel unless you write as this to be included

More misinformation from you.

SS income is income and is allowed, not just a percentage of it. You just need to provide the SS benefits letter, SSA 1099 and bank statements to show how much is deposited each month. That is how you can document non-taxable income. They will not only look at line 22, Total Income when factoring the current annual income of someone that is not self-employed. Documents can be provided that prove someone's current income, which is not based on past income shown on the last tax return.

[KayDeeCee 4,896]

But how do you complete the section with each individual's gross adjusted income of they file as married filing jointly. Yes they will be household members.

They adjusted income in 2015 is over 50k

Okay, you were petitioned by your parents, and now you are petitioning your husband, correct?

You will file an I-864 as the primary sponsor. Your stepfather will file his own separate I-864 as the joint sponsor. Your mother will fill out an I-864A to go along with your stepfather's I-864. Their combined household income will be what is used for joint sponsorship. You will be counted on his I-864 because he previously filed an I-864 for you that I am guessing is still active. His wife is of course counted in his, and your husband, the intending immigrant, so that will be a household of 4 for your stepfather, if he has no other dependents or I-864s for anyone else.

Your I-864 will include you and your husband, and will be just the 2 of you, unless you have any other dependents.

[TrauCon 3]

Okay, you were petitioned by your parents, and now you are petitioning your husband, correct?

You will file an I-864 as the primary sponsor. Your stepfather will file his own separate I-864 as the joint sponsor. Your mother will fill out an I-864A to go along with your stepfather's I-864. Their combined household income will be what is used for joint sponsorship. You will be counted on his I-864 because he previously filed an I-864 for you that I am guessing is still active. His wife is of course counted in his, and your husband, the intending immigrant, so that will be a household of 4 for your stepfather, if he has no other dependents or I-864s for anyone else.

Your I-864 will include you and your husband, and will be just the 2 of you, unless you have any other dependents.

The above would be true if they are not household members. If they are household members then would need to use i-864A.

Just my opinion.

[KayDeeCee 4,896]

The above would be true if they are not household members. If they are household members then would need to use i-864A.

Just my opinion.

No, what I said is correct, if that is her situation. An I-864A is an optional form for qualifying household members to combine their incomes with the sponsor/joint sponsor filling out the I-864. Living together does not mean someone must file an I-864A as a household member. You can live together and still be a joint sponsor. And household count on the I-864 is not about living under the same roof either.

Edited July 4, 2016 by KayDeeCee

[newacct 688]

Tracy-->NY,

Help me understand your case situation. Is this correct?:

Petitioner: Your mother.

Beneficiary: Your husband

Financial Sponsor: You, your mother and step father.

Your mother and step father filed tax jointly.

If the above is correct then:

Your mother: i864 - list the Social Security benefits in it. Even though, her income is below poverty level, she still needs to file i864 by herself. She is the primary sponsor regarless.

You: i864A

Your step father: i864A - even file jointly with your mother, but he still has his contribution portion. Look in the Tax form. List the gross income of him only. Dont list the joined amount. On the i864, your step father will be the one who will sign the form together with you. You mother will not a signature in it, therefor he should not put the "adjusted gross income" of both. To put in simple term: whoever filling out the I864A, just need to list the gross income of that person only.

Thats my opinion, not legal advise. If you need to consult with a lawyer then do it.

No, that's not the OP's situation. You cannot petition a child-in-law, and the OP's husband is not immigrating as the OP's derivative. In the OP's signature, it says the OP's husband is doing F2A, i.e. being petitioned by the OP.

Edited July 4, 2016 by newacct

[TrauCon 3]

Thanks both for clarification.

[TrauCon 3]

Thanks both for clarification.

If you follow the link from NVC site on which i864 to use (posted link on previous reply) then you will be i864a comes before i864. Just follow that IF THEN table. I am not an expert but you cant go wrong with what the NVC has published.

Maybe the question to ask now is your co financial person is considering as household member or not. If yes and you use the i864 table selection from NVC then form i864a, if not then i864.

OP, selection is up to you. make sure you use the right forms to minimize delays.

[Tracy-->NY 40]

Thanks all will read the links provided, hopefully I have no more questions thereafter about separation of gross adjusted I comes.