I 864 questions

[heyusa 118]

Situation:

 

I (BENEFICIARY) live with my husband (Petitioner, US citizen) in my home country for the past 10 months. He hasn't lost his US residency, he is not an official resident here (even though he has a permit to live here).  His US address right now is the same as his parents. Since he hasn't worked in the US since May of last year, he will need a Co- Sponsor, which will be his dad who files taxes jointly with my mother-in-law. At first, I thought both my husband (petitioner) and the co-sposnor (my father in law) will both fill out i864's and my mother in law will fill out an i864.

 

But from another thread I read that since the address of the sponsor and co-sponsor is the same (just registered as that though, since my husband lives here with me right now) - the co-sponsor would have to file an i864A?? Can anybody confirm?

 

So, then that would mean ONE i864 from my husband and TWO i864A's from the co-sponsor and his wife.  ... ? All because the address is the same.

[heyusa 118]

Also, how would both my husband and the co-sponsor count their household size in that case? No other people there.

 

Just my father-in-law and mother-in-law plus my husband.

 

 

[Ryan H 3,812]

2 hours ago, heyusa said:

Also, how would both my husband and the co-sponsor count their household size in that case? No other people there.

 

Just my father-in-law and mother-in-law plus my husband.

 

 

 

Let's clear up the semantics first, joint sponsor is the proper term when referring to an I-864, not co-sponsor.  Second, a joint sponsor would never complete an I-864A, that is for qualified household members of the petitioner when the petitioner is combining income with said household member in order to meet a qualifying threshold for sponsorship.

 

To answer your question in the quoted post, if your husband fills out the I-864 and your in-laws fill out an I-864A, then his household count will be 4 (him, you, your in-laws).

[heyusa 118]

1 hour ago, Ryan H said:

 

Let's clear up the semantics first, joint sponsor is the proper term when referring to an I-864, not co-sponsor.  Second, a joint sponsor would never complete an I-864A, that is for qualified household members of the petitioner when the petitioner is combining income with said household member in order to meet a qualifying threshold for sponsorship.

 

To answer your question in the quoted post, if your husband fills out the I-864 and your in-laws fill out an I-864A, then his household count will be 4 (him, you, your in-laws).

oh yes, I know it is JOINT sponsor, sorry, got confused there for a bit.. 

 

so, unless they have different addresses, they are all a part of the same household... is that correct?

My husband doesn't have any US income, so he is already super short on income and to put 4 people in his household is just... hah.. will look v funny. 

Is the only way to have my father in law fill out the joint sponsor form I864 if their addresses don't match? 

[heyusa 118]

I did ask this question a couple of days ago, but didn't really get a satisfying response.. So I'm going to try again. 

 

I am the Beneficiary, my husband is the petitioner and also my sponsor. He has been living in Europe with me since May of 2016 and does not have sufficient income to sponsor me/ no current US income, but has a job waiting for him once we move (hopefully in September, we'll see).

 

His dad is going to be our joint sponsor. He lives together with his wife, who does not really have an income or at least not a big one, as I have understood, yet they still file taxes jointly once a year. 

 

First question: Does my mother-in-law still have to fill out an i864A even though she doesn't have an income and won't contribute to "sponsoring" me but is a member of the joint sponsor's household?

 

Another thing is that even though my husband currently lives in my country with a temporary residence permit, his US address (postal address) is registered at his parents' place, so does that mean that technically they're part of the same household even though my husband will mark his current physical address as the one in Europe?

If them being part of the same household is the  case, does my husband's household size automatically change to 4 (him, me, his parents) instead of 2 (just him and me)? And how to fill these blanks ? (screenshot attached) 

 

AND, does that mean that the joint sponsor (his dad) fills out the i864A instead of the i864, because in the future when we move we will all be sharing the same address for some months? In this case, his household size will also be 4, right? 

 

At first, we thought both my husband and his dad fill out forms i864 and that's that, but now I would reallllyyy like some input on this, since it is really confusing to me and I don't want us to send in wrong forms........ 

 

thanks!

 

[aleful 1,905]

no,

 

he isn't living there now, what will happen later doesn't matter. he must be living not giving his address for future living, but now living at the same house for them to be household members. he lives abroad, not with his parents

 

his father could try to send the i864 on his own, but some consulates ask anyway for the spouse's affidavit just because they are married. I have seen that at the interview, the officer asked for the joint sponsors spouse's affidavit, so it is up to the officer

[heyusa 118]

38 minutes ago, aleful said:

no,

 

he isn't living there now, what will happen later doesn't matter. he must be living not giving his address for future living, but now living at the same house for them to be household members. he lives abroad, not with his parents

 

his father could try to send the i864 on his own, but some consulates ask anyway for the spouse's affidavit just because they are married. I have seen that at the interview, the officer asked for the joint sponsors spouse's affidavit, so it is up to the officer

Thanks, yes that makes sense but at the same time, affidavits of suppoert are about the future anyway. Hah

Edited April 2, 2017 by heyusa

[heyusa 118]

Anyone else have an opinion?

[vistajones 62]

We have similar situation, but we haven't got there yet. However, this is what we probably will do: (i hope someone else can verify if this is the right thing to do)

 

Your husband fill out I864, with house hold count:

1. 1

2. 1

3. 0 (since you've already been counted)

4..0

5.0

6.0

7.0

8. total 2

 

And your father in law fills out I864A (read somewhere that if youre planning on living in the same address then the joint sponsor fills out this one instead of I864 (please correct me if im wrong):

and the household count for the inlaws: 

1. 1

2. 1

3. 1 (your mother in-law)

4.-7 0 (since your husband is not your father's dependent (except if your father inlaw claims your husband as his dependent in his tax return than no 7 would be a 1)

8 total household=3

 

Your mother doesnt need to fill out form I864A since you're not using her income.

What do you think?

 

Edited April 2, 2017 by vistajones

[heyusa 118]

 

6 minutes ago, vistajones said:

We have similar situation, but we haven't got there yet. However, this is what we probably will do: (i hope someone else can verify if this is the right thing to do)

 

Your husband fill out I864, with house hold count:

1. 1

2. 1

3. 0 (since you've already been counted)

4..0

5.0

6.0

7.0

8. total 2

 

And your father in law fills out I864A (read somewhere that if youre planning on living in the same address then the joint sponsor fills out this one instead of I864 (please correct me if im wrong):

and the household count for the inlaws: 

1. 1

2. 1

3. 1 (your mother in-law)

4.-7 0 (since your husband is not your father's dependent (except if your father inlaw claims your husband as his dependent in his tax return than no 7 would be a 1)

8 total household=3

 

Your mother doesnt need to fill out form I864A since you're not using her income.

What do you think?

 

That i864 household question number 7 (OPTIONAL) asks though if you are using someone's i864A who has the same address...? So that would have to be a yes then or you can choose to not put a number there even though you are using the dad's i864a?

[vistajones 62]

3 minutes ago, heyusa said:

 

That i864 household question number 7 (OPTIONAL) asks though if you are using someone's i864A who has the same address...? So that would have to be a yes then or you can choose to not put a number there even though you are using the dad's i864a?

O shoot, yea number 7 would be a 1 for your husband so the total would be 3 for both. Since they only need your hubby's AOS to be rejected. Don't think it'll make a difference. Right? If you wait for a few hours you might find better answer . I'll try to read up past questions as well, see if i can find anything.

 

 

[aleful 1,905]

he can't file the i864A because with the forms you have to send proof that you live together, things that come in your name at the same address. you are putting on the forms that you live abroad, you receive mail in the country you are living in, not the address in the US

 

so he will send the i864. the i864A is used to combine income when people live together at the same household, you must send proof of relationship but also proof of currently living there

[heyusa 118]

22 minutes ago, aleful said:

he can't file the i864A because with the forms you have to send proof that you live together, things that come in your name at the same address. you are putting on the forms that you live abroad, you receive mail in the country you are living in, not the address in the US

 

so he will send the i864. the i864A is used to combine income when people live together at the same household, you must send proof of relationship but also proof of currently living there

well we do get our NOA's to my husband's US address because they couldn't deliver them here. We have proof of us living together here as well as proof of domicile for him (which includes his other US bills etc being sent to the US address) 

[aleful 1,905]

he can't be living in two places at the same time, or he is living abroad or he is living with his parents

[heyusa 118]

4 minutes ago, aleful said:

he can't be living in two places at the same time, or he is living abroad or he is living with his parents

well he is living here temporarily and working here, so his physical address is here. Yet the USCIS couldnt send their NOAs aborad so we changed the mailing address to the one in the US. No big deal, people do that all the time. And in our I130 we wrote that he is abroad. and they approved it, but still sent NOAs to the US address. 

 

He hasn't given up US residency to live here, since he is only living here temporarily. By law he is still a US resident paying US taxes etc. I don't really understand your concern