Questions about the i864?

[Abi5000 2]

Hello!

 

Me and my partner are in the process of filing for AOS (marriage based, from ESTA VWP). I am a little confused with the i864 though and have some questions.

 

We are both young (both over 18 but under 21) and my husband has had 2 surgeries already and a third surgery next week so he has not been working. I live with my husband and his parents.

 

 - My question is, does my husband fill out the i864 and one of his parents fills out the i864a?

 

- When we are calculating the household size, what should we state it as? I just want to clarify that anyone over 21 or married is no longer a dependent person?

 

- Also, is the most recent years tax return and a letter confirming employment/salary enough proof of financial support? If its not enough, will they issue an RFE or just straight up deny the case?

 

Sorry if these are dumb questions (I haven't done too much work on the i864 part of the application yet) but I just need to know before getting started. Thanks for any help guys!

[mnewportland 9]

Hi! I would like to help answer some of these questions as much as I can. I'm not a lawyer but my AOS was approved last week and I worked so hard on filling the I-864 and a joint-sponsor form just in case. 

 

- Your spouse HAS TO fill an I-864 form even if it just says that he's income is 0 and has to attach at least his last tax return with it. If that's not available meaning he has never filed taxes before he'll check that box on page (6, or 7 I think!) and add an addendum explaining that he's been a dependent on his parents tax return. 

 

- One of his parents (or any US Citizen or LPR really) will then have to fill form I-864 (NOT I-864A!) and choose that they're the joint sponsor (or one of 2 joint sponsors but you don't need that) just remember it's another I-864. 

 

Lets say his father is the joint-sponsor filling I-864, if his individual income is enough without counting his spouse's/partners income, then there's no need to fill an I-864A form though it's not a bad idea to fill it anyone. The I-864A form would only be filled be the joint sponsor's household member in this case and that would be his/her spouse/partner or someone who lives in the household and has income reported on the same tax return. You know the individual income of the joint sponsor through their W-2s and 1099s and not the tax return in case it's joint with someone. 

 

- When counting the household you always count the intending immigrant (you in this case) even if they don't live in the same household. So for example if the family filed taxes as married filing jointly and including their son (your spouse) as dependent, and you're not on that tax return  but they're signing this form to sponsor you then your counted whether you live with them or not. Please clarify the living situation and maybe I can better assist you with this question. 

 

What's needed for the I-864 form is (at least the last tax return but it's encouraged to include the last 3 years tax returns if you have access to them, each and every W-2s or 1099s associated to those tax returns, paystubs from the last 2 months at least (We included the last 6 months in our case) and a letter verifying the employment. The sponsor or joint-sponsor would also need to provide something proofing their US citizenship or LPR status (That's a birth certificate copy, or passport (recommended to attach both) or a LPR photocopy). 

 

Good luck! 

 

** This is not a legal advice and it's only based on my opinion and my experience.  ** 

[eckoin 211]

I don't agree with @mnewportland. Since you are all living together, I would go the I-864a route, because you are in fact a household.

 

The most foolproof way is for your spouse to sign the I-864 which is required in any case, and both of his parents to sign their own I-864a (assuming they file taxes jointly). You are a household of 4, for the minimum income requirement, and any other family members who live with you or tax dependents, if any. 

 

It's quite likely that you will receive an RFE if your inlaw(s) fill out separate I-864 forms as if you are not a household. First, you do in fact all live together. Second, your spouse is a financial dependent, even if not a tax dependent, so you are all relying on the household at this time. 

[bobarola 5]

Second @eckoin in that both parents should each file I-864A if they both wish/need to make their income available to the primary sponsor (their son/your spouse)

 

Your spouse should sign up for IRS online account, and request/print IRS Tax Transcripts. you will be able to see the 3-4 most recent tax year records, and are pretty straightforward 

 

maybe you already saw, but in case not, both I-864 and I-864a Instructions are pretty clear:

 

Quote

Who May Be Considered a Household Member for Purposes of Form I-864A?
For purposes of this contract, one or more of the following individuals may sign the Form I-864A as a household member
if at least 18 years of age:

    2 - The spouse, parent, child, adult son or daughter, or sibling relative of the sponsor, if that relative has the same principal residence as the sponsor;