SPOUSE of petitioner NOT SAME RESIDENCE. Still file i864a?

[Marky81 0]

Petitioner's Spouse not living in same residence but still counted as household member? Form I864 or I864a?

Immigrant application type: F2B
Beneficiary: Me (son)
Petitioner: Father (no income)
Add sponsor: Mother (with income, tax filing Status: ‘Married filing separately’, not living in same residence but still married)

In the petitioner’s I-864 form Part 5 item 3 it says 'If you are currently married, enter "1" for your spouse’. Which means you include the spouse as a household member. Then on part 6 item 8 It says: “Income you are using from any other person who was counted in your household size....” So we add my mother there. Then on Part 6 item 21: "The people listed in item numbers 8 .... have completed I-864A....". So now my mother is part of the household even if she is not in the same residence. Should I fillup I-864a or I-864 only?

Less

 

[Just Paul 4,595]

Mother does not live with you so she fills out a I-864.

 

Do not count yourself twice on your I-864.

[Marky81 0]

1 hour ago, Paul & Mary said:

Mother does not live with you so she fills out a I-864.

 

Do not count yourself twice on your I-864.

 

1 hour ago, Paul & Mary said:

Mother does not live with you so she fills out a I-864.

 

Do not count yourself twice on your I-864.

So do we still tick Part6 Item 21?? Since we already add mother in household because of Part 5 item 3 "if petitioner is married enter 1 for his spouse"

Edited January 3, 2020 by Marky81

[Marky81 0]

In I864 form you include the petitioner's spouse as part of the household because it says so in Part 5 item 3. Then you add it in Part 5 item 8 if u need her income. Then Part 6 item 21 the household member needs to fillin I864a. Now if my mother fill out the I864a and they are not in the same residence as the petitioner then my mom should also fill in I864 form?? So she will fill-in both??? Please take time to check the item I mentioned in I864 regarding my dilemma.

Edited January 3, 2020 by Marky81

[Just Paul 4,595]

2 hours ago, Marky81 said:

Now if my mother fill out the I864a and they are not in the same residence as the petitioner then my mom should also fill in I864 form??

Mother does not fill out I-864A.  She does not live in the same residence (household) as the petitioner.  She files a I-864, just like you!  If your mother is married then her spouse fills in a I-864A.

 

2 hours ago, Marky81 said:

Then you add it in Part 5 item 8 if u need her income.

No that is the total of the household size.  Do you mean part 6 question 8?  You do not include the beneficiary's income UNLESS it is from a US Source and will continue after immigrating.

 

Remember that both you and your mother are individually Sponsors even though you are not financially qualified.

 

Fill out a timeline so can give you the best answers.

[Marky81 0]

Hi thanks for the reply.
The I864 form I’m referring to is my father’s (petitioner). When he filled out the form he put “1” on Part 5 Item 3 which says “If you are currently married, enter 1 for your spouse”. Because he put “1” his spouse (my mother) is part of the household. So are you saying he should not put “1” in Part 5 Item 3 even if he is married? 

Edited January 3, 2020 by Marky81

[Just Paul 4,595]

1 hour ago, Marky81 said:

Hi thanks for the reply.
The I864 form I’m referring to is my father’s (petitioner). When he filled out the form he put “1” on Part 5 Item 3 which says “If you are currently married, enter 1 for your spouse”. Because he put “1” his spouse (my mother) is part of the household. So are you saying he should not put “1” in Part 5 Item 3 even if he is married? 

Your father is the petitioner?  Who is the beneficiary?

[Marky81 0]

4 hours ago, Paul & Mary said:

Your father is the petitioner?  Who is the beneficiary?

I am the beneficiary. My father(no income) is the petitioner and my mother will be a joint sponsor because she has income.