Which one should my mom fill out? I-864A or separate I-864?

[Pleasework89 47]

Okay so I am a USC abroad with my foreign spouse. I do not meet the 125% guideline for affidavit of support. My mom is planning to file an affidavit of support but I don't know which one she should file. Even though I am residing abroad at the moment I have maintained my domicile with my mom. My driver's license, bank statements and general mail gets sent to that address. From what I understand, I believe that makes her a member of my household. Am I wrong? So should she file an I-864a or should she just file her own separate I-864 affidavit of support as a joint sponsor?

I could really use some guidance and would greatly appreciate any help. Thanks in advance.

[Chancy 6,243]

6 hours ago, Pleasework89 said:

should she file an I-864a or should she just file her own separate I-864 affidavit of support as a joint sponsor?

 

You listed your actual current physical address abroad in your I-864 form, right?  It would be obvious from your address that you do not reside in the same country as your mother.  She is not your household member.  Have your mom fill out a separate I-864, not I-864A.

 

Edited April 27, 2022 by Chancy
clarification

[Redro 4,611]

6 hours ago, Pleasework89 said:

Okay so I am a USC abroad with my foreign spouse. I do not meet the 125% guideline for affidavit of support. My mom is planning to file an affidavit of support but I don't know which one she should file. Even though I am residing abroad at the moment I have maintained my domicile with my mom. My driver's license, bank statements and general mail gets sent to that address. From what I understand, I believe that makes her a member of my household. Am I wrong? So should she file an I-864a or should she just file her own separate I-864 affidavit of support as a joint sponsor?

I could really use some guidance and would greatly appreciate any help. Thanks in advance.

I would have your mother fill out the I-864.

The majority of USCs (I know) who lived abroad asked their parents to

1.) Be their JOINT SPONSOR - so standalone I-864

2.) Showed proof of domicile that listed their parents' address

3.) Uploaded some sort of proof of domicile that included a letter from the parent inviting USC and foreign national to live with them when they moved to the US. 

- so, your mom is not a household member. 

 

I've seen cases where petitioners upload proof of domicile listing their parents' home only to be hit with a request for proof they are actually planning on moving back to the States (job searches/ lease etc). So, unless you are IN THE US RIGHT NOW and you are not a dependent on your mom's taxes have her upload the I-864. 

 

Who can fill out the I-864A

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.

 

Your domicile is the US because you have maintained ties to the US.

But, your principal residence is your address abroad. 

 

Edited April 27, 2022 by ROK2USA

[Pleasework89 47]

10 minutes ago, Chancy said:

 

You listed your actual current physical address abroad in your I-864 form, right?  It would be obvious from your address that you do not reside in the same country as your mother.  She is not your household member.  Have your mom fill out a separate I-864, not I-864A.

 

On the I-864a it says that a household member  must have the same principal residence as sponsor not physical residence. And I am supposed to submit proof of shared addresses and birth certificate to show proof of relationship...which I have. I have the stuff that they ask for I-864a but I am afraid of what you mentioned...that I don't physically live with her at the moment. We wrote down her address for my domicile and for where we intend to live. So all the addresses will match up. Does this make sense? Or do you still suggest joint sponsor with separate I864?

[Redro 4,611]

5 minutes ago, Pleasework89 said:

On the I-864a it says that a household member  must have the same principal residence as sponsor not physical residence. And I am supposed to submit proof of shared addresses and birth certificate to show proof of relationship...which I have. I have the stuff that they ask for I-864a but I am afraid of what you mentioned...that I don't physically live with her at the moment. We wrote down her address for my domicile and for where we intend to live. So all the addresses will match up. Does this make sense? Or do you still suggest joint sponsor with separate I864?

Your principal residence is not in the US. It is abroad.

Don't confuse domicile with residence. 

 

Read the next bullet point: 

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. 

 

 

Edited April 27, 2022 by ROK2USA

[Pleasework89 47]

9 minutes ago, ROK2USA said:

I would have your mother fill out the I-864.

The majority of USCs (I know) who lived abroad asked their parents to

1.) Be their JOINT SPONSOR - so standalone I-864

2.) Showed proof of domicile that listed their parents' address

3.) Uploaded some sort of proof of domicile that included a letter from the parent inviting USC and foreign national to live with them when they moved to the US. 

- so, your mom is not a household member. 

 

I've seen cases where petitioners upload proof of domicile listing their parents' home only to be hit with a request for proof they are actually planning on moving back to the States (job searches/ lease etc). So, unless you are IN THE US RIGHT NOW and you are not a dependent on your mom's taxes have her upload the I-864. 

 

Who can fill out the I-864A

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.

 

Your domicile is the US because you have maintained ties to the US.

But, your principal residence is your address abroad. 

 

Okay. I guess in my mind I saw domicile as principal address since I am only on a visa here in my spouses home country. All my ties are still in the U.S. A separate I864 joint sponsor is less likely to get RFE than a I864a, right? I just thought that a household sponsor would hold more weight because it combines our incomes than a separate joint sponsor. Thank you. You have given a lot to think ponder.

[Redro 4,611]

1 minute ago, Pleasework89 said:

Okay. I guess in my mind I saw domicile as principal address since I am only on a visa here in my spouses home country. All my ties are still in the U.S. A separate I864 joint sponsor is less likely to get RFE than a I864a, right? I just thought that a household sponsor would hold more weight because it combines our incomes than a separate joint sponsor. Thank you. You have given a lot to think ponder.

The husband and I are both here in Korea on visas.

The cases I mentioned involved people on student visas, spousal visas, and work visas. 

No permanent residency or citizenship. 

It would be great if you completed your profile and filled out your timeline. 

Which country is your spouse from? 

This will help others in the future from the same country identify any potential issues that may arise when the USC lives abroad. 

[Pleasework89 47]

5 minutes ago, ROK2USA said:

The husband and I are both here in Korea on visas.

The cases I mentioned involved people on student visas, spousal visas, and work visas. 

No permanent residency or citizenship. 

It would be great if you completed your profile and filled out your timeline. 

Which country is your spouse from? 

This will help others in the future from the same country identify any potential issues that may arise when the USC lives abroad. 

Did those people submitted joint sponsor i864 or did they submit i864a and hit with RFE? If it's not too much to ask. I am in China at the moment so you can assume that I am trying not to prolong this process by adding RFEs to my timeline. 

 

Not to annoy you but I found this online...In the  Immigration and Nationality Act they mentioned that: 

§ 213a.1 Definitions.

As used in this part, the term:

Domicile means the place where a sponsor has his or her principal residence, as defined in section 101(a)(33) of the Act, with the intention to maintain that residence for the foreseeable future.

 

So I guess a question I could ask anyone, not just you, is has anyone been told to switch over from joint sponsor to household sponsor? I really don't want to complicate this matter, which I know I already am, but I am just curious. I am planning on having my mom fill out both and just submit the joint separate i864 first. Because that one seems to be the standard one. Like you mentioned earlier, an i864a could get RFE because of physical residence. 

[Redro 4,611]

11 minutes ago, Pleasework89 said:

Did those people submitted joint sponsor i864 or did they submit i864a and hit with RFE? If it's not too much to ask. I am in China at the moment so you can assume that I am trying not to prolong this process by adding RFEs to my timeline. 

 

Not to annoy you but I found this online...In the  Immigration and Nationality Act they mentioned that: 

§ 213a.1 Definitions.

As used in this part, the term:

Domicile means the place where a sponsor has his or her principal residence, as defined in section 101(a)(33) of the Act, with the intention to maintain that residence for the foreseeable future.

 

So I guess a question I could ask anyone, not just you, is has anyone been told to switch over from joint sponsor to household sponsor? I really don't want to complicate this matter, which I know I already am, but I am just curious. I am planning on having my mom fill out both and just submit the joint separate i864 first. Because that one seems to be the standard one. Like you mentioned earlier, an i864a could get RFE because of physical residence. 

Sorry for being so passionate 😅 I don't want you hit with an RFE.

 

Generally, the parent submitted an I-864. 

But, because the USC was still living abroad they get hit with a 221g after interview.

I haven't seen a parent upload an I-864A and I've never heard of someone stating their parent was a household member even though they listed their drivers, car insurance, bank records address as the joint/co sponsor. 

The truth is you're bringing ZERO dollars to the table (because your income doesn't count at all). 

So, be the MAIN SPONSOR and then have your mom be the joint sponsor not the household member. It will simplify things. 

P.S if your mom is married and she files jointly she needs to submit her W2s/1099s and maybe have her include proof of income. 

You should also upload proof of income- employment letter/pay stubs etc and your tax transcripts. If you're uploading your tax returns include a letter stating you do not have W2s/1099s because you live and work abroad and your employer doesn't provide them. 

 

 

Edited April 27, 2022 by ROK2USA

[Pleasework89 47]

2 minutes ago, ROK2USA said:

Sorry for being so passionate 😅 I don't want you hit with an RFE.

 

Generally, the parent submitted an I-864. 

But, because the USC was still living abroad they get hit with a 221g after interview.

I haven't seen a parent upload an I-864A and I've never heard of someone stating their parent was a household member even though they listed their drivers, car insurance, bank records address as the joint/co sponsor. 

The truth is you're bringing ZERO dollars to the table (because your income doesn't count at all). 

So, be the MAIN SPONSOR and then have your mom be the joint sponsor not the household member. It will simplify things. 

P.S if your mom is married and she files jointly she needs to submit her W2s/1099s and maybe have her include proof of income. 

You should also upload proof of income- employment letter/pay stubs etc and your tax transcripts. If you're uploading your tax returns include a letter stating you do not have W2s/1099s because you live and work abroad and your employer doesn't provide them. 

 

 

No. I APPRECIATE it. Seriously. I have no firsthand knowledge on any of this. I appreciate your advice. My mom is not married. Household would be herself and my husband. I already have her 2021 tax returns along with the two other years....and I am having her send me six months pay stubs and I am also thinking about getting an Employment Verification Letter for her. Since her income is the only income that is clearly documented with 1040 forms I need to make sure it has everything and anything they might ask. Thank you again. 

[Chancy 6,243]

12 minutes ago, Pleasework89 said:

I guess in my mind I saw domicile as principal address since I am only on a visa here in my spouses home country.

 

You said in your original post that you are "residing abroad".  If you are currently abroad on a tourist visa and will return to the US, say next week, to live with your mom, then it's ok to list your mom's address as your physical address.  But if you are actually residing abroad and do not intend to return to the US long before your spouse beneficiary, your current address abroad should be listed as your physical address in the I-864 (part 4, item 4).  It's ok to list the US as your country of domicile (part 4, item 5), even if your current address is abroad.  Also ok to list your mom's address as your mailing address (part 4, item 2) and/or your spouse's intended address (on the DS-260) after the visa has been granted.

 

The consequence of listing your physical address abroad while listing the US as your country of domicile is that you must submit proof of your US domicile to NVC.  Based on the info you shared, this won't be an issue.  Your US driver's license and bank statements showing US address would be enough to satisfy the NVC requirement.