Which Affidavit of Support Form Should I File?

[Dan91422 4]

Hi everyone! I had a quick question in regards to which of the many affidavit of support forms I should provide the NVC with. I don't meet the minimum income for sponsorship, I will be using my father as my joint sponsor for my wife. That being said, I am not sure if I should be filing just form I-864, if I should file form I-864 along with form I-864A , or simply just form I-864A since these two forms technically apply to me based on the chart provided by the Department of State - where I don't meet the minimum required income for sponsorship and I will have a joint sponsor (my father) but I'm also using a household member to meet the minimum required income (again, my father - I am currently living with him and he has put me as a dependent when filing his taxes up until I got married). In addition, my father files his taxes jointly with my mother. Below I have attached the chart that the Department of State provides for petitioners when determining which affidavit of support they should file. Many thanks!! 

[Ryan H 3,812]

You:  I-864

Your father as a joint sponsor:  I-864

Your mother as a household member of your father:  I-864A

[pushbrk 12,897]

31 minutes ago, Ryan H said:

You:  I-864

Your father as a joint sponsor:  I-864

Your mother as a household member of your father:  I-864A

Which is very clear from the instructions you  quoted.  Now is the time to become an A-Student of those instructions.  Read carefully, interpret literally, and answer accurately.

[Dan91422 4]

On 10/18/2020 at 6:39 AM, pushbrk said:

Which is very clear from the instructions you  quoted.  Now is the time to become an A-Student of those instructions.  Read carefully, interpret literally, and answer accurately.

I will kindly ask for one more advice of yours. We just noticed that the last tax return shows that my dad lacks $ 4 000 to meet the minimum income to file as a joint sponsor (as he also has 4 more dependents). Although he has recently changed his job and his "current annual income" is expected to be way much better, the NVC will probably look  on the last taxes filed, right?

Is it possible in that case to use my dad as a household member, so that my and my father's income would be combined? And what shall we do with my mom? Should she file anything too in that case (as they file taxes jointly) or at least write a letter stating she is ok with my dad helping us financially? 

[pushbrk 12,897]

12 minutes ago, Dan91422 said:

I will kindly ask for one more advice of yours. We just noticed that the last tax return shows that my dad lacks $ 4 000 to meet the minimum income to file as a joint sponsor (as he also has 4 more dependents). Although he has recently changed his job and his "current annual income" is expected to be way much better, the NVC will probably look  on the last taxes filed, right?

Is it possible in that case to use my dad as a household member, so that my and my father's income would be combined? And what shall we do with my mom? Should she file anything too in that case (as they file taxes jointly) or at least write a letter stating she is ok with my dad helping us financially? 

Depends.  Current income is KING.  Current income comes from a pay stub or employer letter, not a tax return.  (Unless self employed).  I would stick with my initial advice.  NVC may send you a letter saying a Consular Officer will make the decision but you already know that.

[Dan91422 4]

8 minutes ago, pushbrk said:

Depends.  Current income is KING.  Current income comes from a pay stub or employer letter, not a tax return.  (Unless self employed).  I would stick with my initial advice.  NVC may send you a letter saying a Consular Officer will make the decision but you already know that.

thank you very much for the response!

 

NVC may send you a letter saying a Consular Officer will make the decision but you already know that. - that's why we want to make it the best way to avoid any surprises at the interview.

 

okay, in that case, do you think our best bet would be ...? :
I file I-864
my dad files I-864 (as a joint sponsor)

my mom files I-864a 
+ we add a bank statement which proves that my dad has $19 000 of his personal savings to cover this $4 000 gap

Or is there any other solution that is more reliable?

 

[aaron2020 11,651]

Hi,

Since you are living with your parents, you might want to consider having both of them file I-864a as your household members so you can combine income.  

[pushbrk 12,897]

13 hours ago, Dan91422 said:

thank you very much for the response!

 

NVC may send you a letter saying a Consular Officer will make the decision but you already know that. - that's why we want to make it the best way to avoid any surprises at the interview.

 

okay, in that case, do you think our best bet would be ...? :
I file I-864
my dad files I-864 (as a joint sponsor)

my mom files I-864a 
+ we add a bank statement which proves that my dad has $19 000 of his personal savings to cover this $4 000 gap

Or is there any other solution that is more reliable?

 

AND, provide a pay stub as evidence of his current income.  STATE his current income as the gross income from that pay stub X the number of pay periods in a full year.  That way his CURRENT INCOME will clearly be enough to qualify.  It is not important to avoid that note from NVC.  It's important that you provide evidence of his actual CURRENT INCOME, and take the 2020 tax return to the interview.

 

[Dan91422 4]

On 11/1/2020 at 2:37 PM, pushbrk said:

AND, provide a pay stub as evidence of his current income.  STATE his current income as the gross income from that pay stub X the number of pay periods in a full year.  That way his CURRENT INCOME will clearly be enough to qualify.  It is not important to avoid that note from NVC.  It's important that you provide evidence of his actual CURRENT INCOME, and take the 2020 tax return to the interview.

 

hello again! We did everything the way you told us and we got DQ today!!! (the next day after submission O_O )

However, we also got the note which says:

No sponsors meet the minimum income requirement to sponsor the intending immigrants for this case. .... 

According to what we have discussed here before, the CURRENT INCOME of my DAD is fine + plus we put the assets mentioned before; (he is our Joint Sponsor)
but 

my taxes were obviously insufficient (that's why we used my dad)

my dad's previous taxes were $4 000 insufficient,
my mom filed I-864a (unemployed, but filed the form, as they file taxes together with my dad)

What can we do in this situation? Of course my wife will take my and my dad's latest pay stubs to the interview. But don't know if that will be enough. I am sure you have encountered situations similar to ours, OR HAVE ANY GOOD ADVICE OF YOURS. We are in panic a bit

[pushbrk 12,897]

2 minutes ago, Dan91422 said:

hello again! We did everything the way you told us and we got DQ today!!! (the next day after submission O_O )

However, we also got the note which says:

No sponsors meet the minimum income requirement to sponsor the intending immigrants for this case. .... 

According to what we have discussed here before, the CURRENT INCOME of my DAD is fine + plus we put the assets mentioned before; (he is our Joint Sponsor)
but 

my taxes were obviously insufficient (that's why we used my dad)

my dad's previous taxes were $4 000 insufficient,
my mom filed I-864a (unemployed, but filed the form, as they file taxes together with my dad)

What can we do in this situation? Of course my wife will take my and my dad's latest pay stubs to the interview. But don't know if that will be enough. I am sure you have encountered situations similar to ours, OR HAVE ANY GOOD ADVICE OF YOURS. We are in panic a bit

Note what comes after the .... of your quote.  It says a Consular Officer will make the decision.  Just ignore the notice and let the officer do his job at interview.  Take a copy of Dad's latest pay stub to the interview.  You would get the same notice even if you were showing a  million in liquid asset.  Carry on.

[Dan91422 4]

1 minute ago, pushbrk said:

Note what comes after the .... of your quote.  It says a Consular Officer will make the decision.  Just ignore the notice and let the officer do his job at interview.  Take a copy of Dad's latest pay stub to the interview.  You would get the same notice even if you were showing a  million in liquid asset.  Carry on.

You are the best person ever! thank you very much!

I will keep this thread up-to-date, so other members know how it went at the interview. Thank you again!!!

[Dan91422 4]

On 11/6/2020 at 2:45 AM, pushbrk said:

Note what comes after the .... of your quote.  It says a Consular Officer will make the decision.  Just ignore the notice and let the officer do his job at interview.  Take a copy of Dad's latest pay stub to the interview.  You would get the same notice even if you were showing a  million in liquid asset.  Carry on.

Hello! Just a short, but very positive update  we already had our interview and everything went smooth. We had some updated financial documents in case a consular would ask for them, but she didn't even mention them. In terms of which affidavit of support documents to provide NVC with, we went along with the advice you gave us and had my husband's father as the joint sponsor and his mother as a household member of my husband's father. It all worked out perfectly. Thanks again for your help and good luck to everyone else!:)