What to put in I864 if Petitioner's Spouse does not live in the same residence

[Marky81 0]

Hi. This is regarding F2B visa. I am (son) the beneficiary and my dad is the petitioner. Only my mother has income and her tax filing status is 'Married filing separately'. My mother doesnt live in the same residence as my father though they are married.

 

We want to add her as joint sponsor. In my father's I-864 Part 5 item 3 he put '1' because it says "If you are currently married, enter '1' for your spouse". Because of this my mother is counted as a household member. Thus, she will fill in I864a? Or do we just put '0' even if they are married so that she does not get counted as household member and fill in I864 ?

[NikLR 13,232]

~~removed duplicate topic with no answers.  Please post only once per topic as per TOS~~

 

Your mother has to be counted on your father's AOS and vice versa however both can file an I-864 I believe.

 

@pushbrk?

[pushbrk 13,094]

3 hours ago, Marky81 said:

Hi. This is regarding F2B visa. I am (son) the beneficiary and my dad is the petitioner. Only my mother has income and her tax filing status is 'Married filing separately'. My mother doesnt live in the same residence as my father though they are married.

 

We want to add her as joint sponsor. In my father's I-864 Part 5 item 3 he put '1' because it says "If you are currently married, enter '1' for your spouse". Because of this my mother is counted as a household member. Thus, she will fill in I864a? Or do we just put '0' even if they are married so that she does not get counted as household member and fill in I864 ?

You put 1.  They are married and your mother is not being sponsored in this affidavit.  Your mother can act as a qualified joint sponsor, not as your father's household member, even though they each "count" as part of the other's household size.

[Marky81 0]

On 1/6/2020 at 3:55 PM, pushbrk said:

You put 1.  They are married and your mother is not being sponsored in this affidavit.  Your mother can act as a qualified joint sponsor, not as your father's household member, even though they each "count" as part of the other's household size.

Thank you so much for the reply.  So I do not need to include her in my father's Part 6 Item 8? (Income you are using from any other person who was counted in your household size.....)?

[pushbrk 13,094]

30 minutes ago, Marky81 said:

Thank you so much for the reply.  So I do not need to include her in my father's Part 6 Item 8? (Income you are using from any other person who was counted in your household size.....)?

Correct, because she cannot use his income.  Counted in household size is not the same as "qualified household member".  

[Marky81 0]

A million thanks! It cleared my confusion!