I-864 or I-864a? Which one?

[Hoba 14]

Hello I have just been approved and will be sent to the NVC. I was looking at the document needed and trying to fill out the I-864. I am bringing over my spouse but I don't have the sufficient income. I am going to be using my dad as the sponsor since my income is not enough, I am living in the same house as well. Would anyone happen to know which form i need to submit, is it the I-864 or the I-864a or both??? Will I need to submit my tax information as well or since my dad is sponsoring they will only look at his income information??

[arken 4,197]

6 hours ago, Hoba said:

Hello I have just been approved and will be sent to the NVC. I was looking at the document needed and trying to fill out the I-864. I am bringing over my spouse but I don't have the sufficient income. I am going to be using my dad as the sponsor since my income is not enough, I am living in the same house as well. Would anyone happen to know which form i need to submit, is it the I-864 or the I-864a or both??? Will I need to submit my tax information as well or since my dad is sponsoring they will only look at his income information??

You will fill out i864. Your dad will fill out i864a as a household member. If you have filed your tax return, it will be needed. 

[Hoba 14]

6 hours ago, arken said:

You will fill out i864. Your dad will fill out i864a as a household member. If you have filed your tax return, it will be needed. 

I am unemployed currently so I don’t have any income. Is there anyway that my dad can be the sole sponsor? So He would fill out the I-864 and check that he is the only joint sponsor or does that not work?

Edited August 19, 2021 by Hoba

[arken 4,197]

2 hours ago, Hoba said:

I am unemployed currently so I don’t have any income. Is there anyway that my dad can be the sole sponsor? So He would fill out the I-864 and check that he is the only joint sponsor or does that not work?

You are the petitioner and hence the sponsor so need to fill out i864. Your dad is the joint sponsor. Since you both live in the same household, he can just fill out i864a for you and you include his income in your i864.

[pushbrk 12,876]

1 hour ago, arken said:

You are the petitioner and hence the sponsor so need to fill out i864. Your dad is the joint sponsor. Since you both live in the same household, he can just fill out i864a for you and you include his income in your i864.

Dad CAN do that but there is no income to combine and no need to combine.  Therefore the correct procedure is for both to complete I-864 forms, one as petitioner and the other as joint sponsor.  How and why are explained well in the I-864 instructions.  If Dad is married, his spouse should complete the I-864a whether she has income or not and whether it is needed or not.

Edited August 19, 2021 by pushbrk

[arken 4,197]

7 hours ago, pushbrk said:

Therefore the correct procedure is for both to complete I-864 forms, one as petitioner and the other as joint sponsor.

That's one way to do it. The other way and also the correct way is Dad filling out i864A as a household member since they both live in the same residence. In fact there are cases where uscis or nvc has sent out RFEs to have them submit as a household member and not a joint sponsor because they have the same residence.

 

7 hours ago, pushbrk said:

but there is no income to combine

If dad fills out i864 as a household member, OP will be including dad's income in his i864 for household income.

[pushbrk 12,876]

16 hours ago, arken said:

That's one way to do it. The other way and also the correct way is Dad filling out i864A as a household member since they both live in the same residence. In fact there are cases where uscis or nvc has sent out RFEs to have them submit as a household member and not a joint sponsor because they have the same residence.

 

I-864a is for "combining income" with a household member OR for a spouse join the contract of a joint sponsor.

 

16 hours ago, arken said:

 

If dad fills out i864 as a household member, OP will be including dad's income in his i864 for household income.

Including and combining have different meanings.  When a sponsor has enough income on their own, they should be the joint sponsor, not a household member of the petitioner.  Yes, both are technically "allowed", but I'm recommending the MOST CORRECT procedure that ALWAYS works.