I 864 questions

[A'n'L 735]

A household, for financial purposes, is not determined by who lives under the same roof, but by who you claim as a dependent on your taxes. Is he claimed as a dependent on his parents taxes? If so, he is in their household. If not, he's not.

[heyusa 118]

12 minutes ago, A'n'L said:

A household, for financial purposes, is not determined by who lives under the same roof, but by who you claim as a dependent on your taxes. Is he claimed as a dependent on his parents taxes? If so, he is in their household. If not, he's not.

No he isn't dependent

[NikLR 13,227]

Your FIL would file the I-864 regardless.  Your husband is not a dependent of his father and is not claimed on their taxes.  The I-864 is for household members in a tax sense only, not just a physical address.  Everything is always done on what is CURRENTLY true at the time of signature.  That's why a new I-864 would be required at interview if something changed. 

No the mother in law is not required to do an I-864a if she has zero income but if they use assets it is recommended. 

[heyusa 118]

1 minute ago, NikLR said:

Your FIL would file the I-864 regardless.  Your husband is not a dependent of his father and is not claimed on their taxes.  The I-864 is for household members in a tax sense only, not just a physical address.  Everything is always done on what is CURRENTLY true at the time of signature.  That's why a new I-864 would be required at interview if something changed. 

No the mother in law is not required to do an I-864a if she has zero income but if they use assets it is recommended. 

Okay, thank you! I have never seen US tax transcripts, so I dont know what information they hold... so I am wondering if the NVC will see that she didnt need to fill out the i864a because of basically no income or there is a chance that they think we  "forgot" to add her form...?

[NikLR 13,227]

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[NikLR 13,227]

3 minutes ago, heyusa said:

Okay, thank you! I have never seen US tax transcripts, so I dont know what information they hold... so I am wondering if the NVC will see that she didnt need to fill out the i864a because of basically no income or there is a chance that they think we  "forgot" to add her form...?

The tax return transcripts will show household income if they file jointly. However the FIL properly filling out the I-864 will show the income is just his.  He can include his w2 to also show that if he wants. 

Keep in mind the NVC does not approve or disapprove any paperwork.  They check it for completeness and relative accuracy based on the paperwork given.  Likely a large portion of that is computer program driven. Their job is to collect everything essential so the CO at your interview can make a decision. 

[heyusa 118]

1 minute ago, NikLR said:

The tax return transcripts will show household income if they file jointly. However the FIL properly filling out the I-864 will show the income is just his.  He can include his w2 to also show that if he wants. 

Keep in mind the NVC does not approve or disapprove any paperwork.  They check it for completeness and relative accuracy based on the paperwork given.  Likely a large portion of that is computer program driven. Their job is to collect everything essential so the CO at your interview can make a decision. 

Thanks! I will just have her fill one out and send to me and perhaps take it with me to the interview and not send it in the packet. 

[heyusa 118]

By the way, this is why I got confused in the first place... (pic)

 

Edited April 2, 2017 by heyusa

[Ryan H 3,812]

~~~Similar topics merged.~~~

[heyusa 118]

Do we need to send a copy of the  joint sponsor's wife's (who fills out the i864A) birth certificate to the NVC aswell or is that enough that the joint sponsor's US citizenship has been proven?

[heyusa 118]

anyone?

[aleful 1,905]

she also has to prove that she is a USC or LPR, so copy of birth certificate or copy of US

 

and also copy of the marriage certificate to establish relationship between husband and wife, and proof that they live together at the same address

 

 

Edited April 3, 2017 by aleful

[heyusa 118]

28 minutes ago, aleful said:

she also has to prove that she is a USC or LPR, so copy of birth certificate or copy of US

 

and also copy of the marriage certificate to establish relationship between husband and wife, and proof that they live together at the same address

 

 

oh wow okay. even though we don't even need her income?

[heyusa 118]

32 minutes ago, aleful said:

she also has to prove that she is a USC or LPR, so copy of birth certificate or copy of US

 

and also copy of the marriage certificate to establish relationship between husband and wife, and proof that they live together at the same address

 

 

 

3 minutes ago, heyusa said:

oh wow okay. even though we don't even need her income?

and arent jointly filed taxes already proof of all that???

[aleful 1,905]

no

 

a person can file joint taxes with an illegal person, they have their itin

 

ever sponsor and joint sponsor must prove that they qualify to be so, not only financially, but being legal,

 

proof of being legal is a copy of the GC for residents and copy of birth certificate or US passport to prove the person is a USC

 

it's part of the qualifications