Urgent advice needed with i-864

[Ian1988 1]

I am a US citizen living in the UK with British wife and 3 children under 6. I have filed separate i-130s for them all. Now on to ds260 and AOS next week, I don't start work in US until January so no income to put on AOS so I have a family member who will sponsor all 5 plus the 2 of themselves with a 51k income. Do i file separate i-864 and ds-260 for wife and kids? Any help will be appreciated 

[aaron2020 11,651]

Are the 3 children your biological kids?  Was there a reason you couldn't pass US citizenship to them?

 

[Ian1988 1]

Yes all 3 are biological, I have lived in the UK since I was 2years old and now I'm 30 so they are not eligible to claim us citizenship but they automatically get US citizenship when we land in the US.

[Just Paul 4,595]

DS260 for each applicant,

 

You and your sponsor fill out the I-864 for spouse  as well.  It is my understanding that if your children receive citizenship upon landing they do not need I-864s.

[aaron2020 11,651]

You will file Form I-864w for each of your three childrens.  The "w" is for waiver.  Under the Child Citizenship Act, your children will automatically become US citizens when they use their immigrant visas to come to live with you in the US.  The immigrant gaining US citizenship ends the petitioner's I-864 obligations, so that is why you can submit the I-864w for them.  You do not need to submit anything from a Joint Sponsor.  You don't need a Joint Sponsor for your children.

You will file Form I-864 for your wife.  The Joint Sponsor will file a separate Form I-864 for your wife.  The JS's spouse will file Form I-864a.  The JS and his/her spouse will need to make enough for their family and your wife.  If it's just husband and wife with no dependents, then their household size would be 3; them and your wife.

You will file separate DS-260 for your wife and children.  Four separate DS-260.

[Ian1988 1]

Thanks, so I file a i-864 for my wife and 3 i-864w for my 3 children and my co sponsor files an i-864 for my wife himself and his spouse?

[aaron2020 11,651]

4 minutes ago, Ian1988 said:

Thanks, so I file a i-864 for my wife and 3 i-864w for my 3 children and my co sponsor files an i-864 for my wife himself and his spouse?

You file an I-864 for your wife.  Joint Sponsor files his own I-864 for your wife. Joint Sponsor's spouse files an I-864a as a Household Member.

 

You file I-864w for your kids.

[Ian1988 1]

I now know which affidavit forms I need to fill out.

I fill out i-864 for my wife and i-864w for my 3 children. For house hold size is it 5 or 2?

And for my joint sponsor filing 1-864 and his spouse filing i-864a. is that a house hold size of 3?

Also on the i-864w it requires my children's social security numbers but they are still UK citizens so they don't have them!

Edited December 20, 2018 by Ian1988
Error

[Just Paul 4,595]

Household size is 5. 

[aaron2020 11,651]

5 hours ago, Ian1988 said:

I now know which affidavit forms I need to fill out.

I fill out i-864 for my wife and i-864w for my 3 children. For house hold size is it 5 or 2?  5: you, spouse, and 3 kids

And for my joint sponsor filing 1-864 and his spouse filing i-864a. is that a house hold size of 3? 3: Joint Sponsor, Joint Sponsor's Household Member and intending immigrant.

Also on the i-864w it requires my children's social security numbers but they are still UK citizens so they don't have them!  Leave blank or write in none.

 

[Ian1988 1]

Thanks, going to amend forms and double check everything got 99% of everything done for the next stage just trying to get it all correct 1st time and asap. all the families I-130s were approved today! so hopefully not long until we get the case numbers and can continue on.

 

[Ian1988 1]

On the I-864 that I (us citizen living in UK, moving to us in 2 weeks) fill out I have not filed any tax returns do I put my UK wages in there with a letter stating why I haven't. Also my joint sponsor and his spouse both retired with 55k federal tax income do I list his spouse on I 864 as she is filing i864a alongside it. There joint income is 55k mine is 0 untill I start work next month will that cover all 5 of us. Sorry for all the questions just trying to get everything right first time.

[geowrian 22,337]

1 hour ago, Ian1988 said:

On the I-864 that I (us citizen living in UK, moving to us in 2 weeks) fill out I have not filed any tax returns do I put my UK wages in there with a letter stating why I haven't. Also my joint sponsor and his spouse both retired with 55k federal tax income do I list his spouse on I 864 as she is filing i864a alongside it. There joint income is 55k mine is 0 untill I start work next month will that cover all 5 of us. Sorry for all the questions just trying to get everything right first time.

As a USC, you are taxed on worldwide income. Since you had overseas wages (presumably above the minimum thresholds to file a return...which are the same whether you are domestic or abroad), you were required to file tax returns. As such, you must resolve that by filing back returns before you can qualify to submit an I-864. You would then list your numbers from the tax returns exactly in the relevant 3 spots for the past 3 years on the I-864.

 

Note that this is likely a reporting issue only. The FEIE and/or FTC can be used to eliminate most to all tax liability (~$100k/year) on overseas-earned income.

 

A for the joint sponsor, one person would fill out an I-864 and include the income from their spouse in their household income section. Their spouse would complete an I-864A.

[aaron2020 11,651]

1 hour ago, Ian1988 said:

On the I-864 that I (us citizen living in UK, moving to us in 2 weeks) fill out I have not filed any tax returns do I put my UK wages in there with a letter stating why I haven't. Also my joint sponsor and his spouse both retired with 55k federal tax income do I list his spouse on I 864 as she is filing i864a alongside it. There joint income is 55k mine is 0 untill I start work next month will that cover all 5 of us. Sorry for all the questions just trying to get everything right first time.

As a USC, you are required to file US tax returns on your worldwide income even if nothing is earned in the US.  You will need to file US tax returns for the last three years before your I-864 will be accepted.  Get going on this.

You can not list your UK wages since they will not continue after you return to the US.

[Ian1988 1]

Ok thanks, I have lived in the UK since I was 2years old (I was adopted from US to UK) I have worked in the UK from being 16 I am now 30. I have never worked in the US have no US bank account. Would 3 year's tax I've paid in the UK not be sufficient. Or put zero with an explanation to why I have not filed tax returns with proof of UK pay an tax . I will have domicile there in 2 weeks when I move there.

Edited December 26, 2018 by Ian1988