Does my mom need to file form I-864A? (merged)

[Lu & Ni 30]

My now-husband came with a k1 visa. We married and now we are filling AOS.

I haven't filed taxes for this year yet but my father has and he will be my joint sponsor. We live in the same house as we share our rent.

1. From my understanding is that my father and I both need to file form I-864 and we both need to sign form I-864A. Correct?

The confusing part for me is that my dad files married-jointly with my mom, who also lives with us but she's never worked. She has no income. So I'm not sure if she should also file a form I-864A.. I won't be using her income as she has none but she still files taxes with my dad. 

1. Is a form I-864A needed from her? or just my dad's will be enough?

 

Thank you in advance

[Dashinka 24,649]

Based on my reading of the instructions, your mother would have to fill out an I864A and your father would sign that form as the sponsor and your mother as the household member.  Even though your mother does not actively earn money, their assets and income from your father are joint property.

 

So the way I see it, 1 I864 from you, 1 I864 from your father (joint sponsor) and 1 I864A from your mother.

 

Good Luck!

 

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:

 

1. The intending immigrant, if the sponsor seeks to rely on an intending immigrant’s continuing income to establish the sponsor’s ability to support the intending immigrant’s spouse or children;

 

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; or

 

3. Any other individual whom the sponsor has lawfully claimed as a dependent on the sponsor’s most recent Federal income tax return even if that person does not live at the same residence as the sponsor. If more than one individual agrees to help support the sponsored immigrant, each individual must sign a separate Form I-864A.

 

https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf

[Lu & Ni 30]

11 minutes ago, Dashinka said:

 

Thank you for quick reply. I truly appreciate it.

 

My sister also lives with us and she just turned 18. She has no income as she still in high school. She wouldn't need to file form I-864A or does she? 

[Dashinka 24,649]

6 minutes ago, Lu & Ni said:

Thank you for quick reply. I truly appreciate it.

 

My sister also lives with us and she just turned 18. She has no income as she still in high school. She wouldn't need to file form I-864A or does she? 

Not really sure about the sister unless she is contributing income to the household.  Others may know better.

 

Good Luck!

[Villanelle 4,122]

You have 2 ways of doing this, depending on the income one way might be better than the other. 

 

Scenario 1

You file an 864 (in any scenario you will file this as the primary sponsor). 

You have dad be a household member on it and he does the 864a. 

The household size would be 3 provided its just you and your husband + dad 

 

Scenario 2

You file 864 for household size 2, you +husband. You don't qualify so-

 

Dad files 864 as joint sponsor. His household size would be him, mom, sister, immigrant. So 4, unless theres others you haven't mentioned that need to be counted. 

 

Since mom has no income they don't technically need the 864a from her in scenario 2 but it's recommended she sends it anyway as it's a joint tax return.

 

 

[SteveInBostonI130 3,471]

The I-864 instruction has a section that describes how to handle being a single sponsor when filing MFJ.  It requires the tax transcript AND W2's and 1099's of the one spouse who is sponsoring.

 

Although allowed, I believe this has caused issues for some people, and it might be best to have your mom submit the I-864a to avoid a potential RFE.

[Lu & Ni 30]

14 minutes ago, SteveInBostonI130 said:

The I-864 instruction has a section that describes how to handle being a single sponsor when filing MFJ.  It requires the tax transcript AND W2's and 1099's of the one spouse who is sponsoring.

 

Although allowed, I believe this has caused issues for some people, and it might be best to have your mom submit the I-864a to avoid a potential RFE.

Oh okay, yes I think you're right. Might as well just do it just in case. Thank you

[Villanelle 4,122]

1 hour ago, Lu & Ni said:

 

 

I'll probably be deleting this afterward but I'm just scared we won't be able to meet income requirements even with our savings and assets. So I'm not sure which path to take 

 

 

If you can't delete your previous post due to forum time limits for editing you can use the report button on the top of the post and ask the mods to delete it for you ok?

 

Please re read the 2 scenarios. In scenario 1 the household size is 3. Using dad as a household member means you only include dad. This is the best option. With your assets (30k in bank) and dads income (25k)+ assets (67) you should qualify. 

 

Scenario 2 would be your 864 showing assets that won't be enough. Adding Dad as a joint sponsor on a second 864 would be for him, mom, 2 kids and immigrant. Size 5. 

 

 

 

[powerpuff 6,744]

~ Topic moved from Progress Reports to Process ~

[Lu & Ni 30]

43 minutes ago, Villanelle said:

 

Thank you so much. I understand now 😁

Edited March 2, 2022 by Lu & Ni

[millefleur 5,047]

**One post removed as per OP request**

 

VJ Moderation

[Lu & Ni 30]

Hi ! 

So my husband (beneficiary) and I (petitioner) received this RFE for AOS.

Short story long, we filed form I-864 and form I-864A with my parents as we lived with them. They sent us this RFE (attached) but now we don't need their affidavit anymore as we finally filed our taxes and made a bit above poverty line. 

 

Should I just submit our taxes and a letter explaining that we no longer need my parents? Or if it's easier what should I submit of proof that my parents are my household members and that we are related? 

this is 2 page

This is 1 page

This is 3rd page (sorry)

Edited August 1, 2022 by Lu & Ni
Missed info

[Timona 4,208]

Always respond by what they ask you. No substitute. This is USCIS you're dealing with. 

Edited August 1, 2022 by Timona

[Lu & Ni 30]

2 minutes ago, Timona said:

Always respond by what they ask you. No substitute. This is USCIS you're dealing with. 

Oh ok, should I just reply with evidence that we are related and that we are household members? 

It's just so much info in that letter. I don't want to mess it up.

[Timona 4,208]

Did your husband sign an I-864A? He shouldn't have