i864 or i864A?

[ddy51 20]

My wife has applied for me. Her earnings are in the range of $13k-$18k for last three years.

Her brother (and his wife) live in the same house with my wife. Her brother files his taxes as "married jointly". 

 

Now, my queries are-

1. In my wife's i864 Part 5 (sponsor's household size), item 7, does she count her brother in her household size, pools his income in household income and he files i864A. 

2. Or she doesnt count him in her family and he files an i 864 as joint sponsor.

 

In each of the two cases, what is her brother's wife supposed to file?

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[pushbrk 13,167]

You wife and her brother, I864.  Brother's wife, I-864a.  Only if they need to COMBINE income would your wife and any of your children be part of brother's household.  Your wife is "petitioner".  Brother is "joint sponsor" and brother's wife is his household member.  Yes, she files an I-864a whether she has income or not, and whether her income is needed or not.  

[ddy51 20]

On 9/16/2018 at 11:45 AM, pushbrk said:

You wife and her brother, I864.  Brother's wife, I-864a.  Only if they need to COMBINE income would your wife and any of your children be part of brother's household.  Your wife is "petitioner".  Brother is "joint sponsor" and brother's wife is his household member.  Yes, she files an I-864a whether she has income or not, and whether her income is needed or not.  

Did the same sir. 

 

Nvc rejected and asked us to make my wife's brother a household member and submit just 864A on his behalf along with ny wife's AOS. 

[pushbrk 13,167]

2 minutes ago, Dinesh Dutt said:

Did the same sir. 

 

Nvc rejected and asked us to make my wife's brother a household member and submit just 864A on his behalf along with ny wife's AOS. 

Without knowing the exact circumstances, it's impossible to know if NVC made a mistake.  In the circumstances described, my advise matches the best practice.

[ddy51 20]

On 9/16/2018 at 11:45 AM, pushbrk said:

You wife and her brother, I864.  Brother's wife, I-864a.  Only if they need to COMBINE income would your wife and any of your children be part of brother's household.  Your wife is "petitioner".  Brother is "joint sponsor" and brother's wife is his household member.  Yes, she files an I-864a whether she has income or not, and whether her income is needed or not.  

I was looking again at your comment and thought about this "Only if they need to COMBINE income would your wife and any of your children be part of brother's household".

 

Wouldn't this have been other way around?    "wife would add her brother in her household."??? 

 

[ddy51 20]

On 9/28/2018 at 6:15 AM, pushbrk said:

Without knowing the exact circumstances, it's impossible to know if NVC made a mistake.  In the circumstances described, my advise matches the best practice.

I can give you all the specifics of my case sir. 

 

And also as far as joint sponsor/household member thing is concerned, they told me that if both are living in the same house they can't file as joint sponsor. They have to pool income under one household only. 

[pushbrk 13,167]

19 hours ago, Dinesh Dutt said:

I was looking again at your comment and thought about this "Only if they need to COMBINE income would your wife and any of your children be part of brother's household".

 

Wouldn't this have been other way around?    "wife would add her brother in her household."??? 

 

Yes.

[pushbrk 13,167]

19 hours ago, Dinesh Dutt said:

I can give you all the specifics of my case sir. 

 

And also as far as joint sponsor/household member thing is concerned, they told me that if both are living in the same house they can't file as joint sponsor. They have to pool income under one household only. 

I really don't care what NVC told you.  If the brother and his wife's combined income qualifies, then my advice is correct.  Only if all three incomes are needed to qualify, would your wife be part of the same household as her brother and his wife.  Where they live, ALLOWS but does not REQUIRE them to be considered part of the same household.  

 

Now, do as you see fit.  You already have the correct advice.