Which i-864 to use (split0

[Marcela&Melvin 7]

Hello, we have the same doubt. My husband (petitioner) does not arrive with the minimum income, so we would use sponsors (my mother-in-law and her husband, my husband's stepfather). My in-laws are married and file the taxes together. What forms should we file for them? How do we prove the family union of my husband with his stepfather?

[Lil bear 4,213]

12 minutes ago, Marcela&Melvin said:

Hello, we have the same doubt. My husband (petitioner) does not arrive with the minimum income, so we would use sponsors (my mother-in-law and her husband, my husband's stepfather). My in-laws are married and file the taxes together. What forms should we file for them? How do we prove the family union of my husband with his stepfather?

Your joint sponsor does not need to be family 

 

Petitioner .. I864 and required  documentation

Joint sponsor .. I864 and I 864a and required documentation  

 

The instruction pdf for the I864 and I 864 sets out the required documentation. You must read it carefully to determine what documentation  applies to you and your joint sponsor situation. 

Edited October 14, 2022 by Lil bear

[Marcela&Melvin 7]

9 minutes ago, Lil bear said:

Your joint sponsor does not need to be family 

 

Petitioner .. I864 and required  documentation

Joint sponsor .. I864 and I 864a and required documentation  

 

The instruction pdf for the I864 and I 864 sets out the required documentation. You must read it carefully to determine what documentation  applies to you and your joint sponsor situation. 

yes, we read everything. but we are full of doubts. Since my husband lives with my in-laws in the same household. so we wanted to know if he was ok to file an i864a for his stepfather... but since he is not his biological father, we got dizzy thinking that maybe he has to file an i864 as a joint sponsor. We also read that join sponsors must demonstrate that they can keep the potential immigrant financially independent of the petitioner. sorry for so many questions we are afraid of a RFE, it has been more than a year since we saw each other, and our child grows up without his father, and there is still a long way to go

[Lil bear 4,213]

1 hour ago, Marcela&Melvin said:

yes, we read everything. but we are full of doubts. Since my husband lives with my in-laws in the same household. so we wanted to know if he was ok to file an i864a for his stepfather... but since he is not his biological father, we got dizzy thinking that maybe he has to file an i864 as a joint sponsor. We also read that join sponsors must demonstrate that they can keep the potential immigrant financially independent of the petitioner. sorry for so many questions we are afraid of a RFE, it has been more than a year since we saw each other, and our child grows up without his father, and there is still a long way to go

Its good include as much of your specific situation when you ask your question.. there are do many variables which affect possible answers. 

Does your household contribute financially to the household 

Does he file taxes on his own

or us he listed as a tax dependent on his parents tax return ? 
 

Joint sponsors must meet the financial

requirent on their own. But combining household members add their individual

income to meet the need ..  so knowing if they meet that criteria as household members is the key. Please give us

some understanding  of him in that household 

 

https://citizenpath.com/faq/sponsor-household-member-difference/

 

this may help   Relationship can be evidenced by his birth certificate and his mothers marriage certificate to his step father. Shared utility bills or drivers licenses, bank statements etc showing the same address will demonstrate shared household 

Edited October 14, 2022 by Lil bear

[pushbrk 12,883]

9 hours ago, Lil bear said:

Its good include as much of your specific situation when you ask your question.. there are do many variables which affect possible answers. 

Does your household contribute financially to the household 

Does he file taxes on his own

or us he listed as a tax dependent on his parents tax return ? 
 

Joint sponsors must meet the financial

requirent on their own. But combining household members add their individual

income to meet the need ..  so knowing if they meet that criteria as household members is the key. Please give us

some understanding  of him in that household 

 

https://citizenpath.com/faq/sponsor-household-member-difference/

 

this may help   Relationship can be evidenced by his birth certificate and his mothers marriage certificate to his step father. Shared utility bills or drivers licenses, bank statements etc showing the same address will demonstrate shared household 

All correct but unless the petitioner/spouse's income is needed for the joint sponsor to qualify, the first answer is correct.  Petitioner I-864, highest earning married joint sponsor I-864 and joint sponsor's spouse I-864a.  I-864a is used for two purposes, combining income and getting the joint filing joint sponsor's spouse on the "contract" whether they have income or not, whether their income is needed or not.

 

[Marcela&Melvin 7]

13 hours ago, Lil bear said:

Its good include as much of your specific situation when you ask your question.. there are do many variables which affect possible answers. 

Does your household contribute financially to the household 

Does he file taxes on his own

or us he listed as a tax dependent on his parents tax return ? 
 

Joint sponsors must meet the financial

requirent on their own. But combining household members add their individual

income to meet the need ..  so knowing if they meet that criteria as household members is the key. Please give us

some understanding  of him in that household 

 

https://citizenpath.com/faq/sponsor-household-member-difference/

 

this may help   Relationship can be evidenced by his birth certificate and his mothers marriage certificate to his step father. Shared utility bills or drivers licenses, bank statements etc showing the same address will demonstrate shared household 

Quote

Does your household contribute financially to the household 

I still have a little trouble understanding English, sorry.
If you are referring to my husband, if he contributes financially to the household.

 

Quote

Does he file taxes on his own

Yes, he fills out his taxes on his own.

 

Quote

or us he listed as a tax dependent on his parents tax return ? 

No, he is not dependent on his mother and stepfather.

Quote

 

Joint sponsors must meet the financial

requirent on their own. But combining household members add their individual

income to meet the need ..  so knowing if they meet that criteria as household members is the key. Please give us

some understanding  of him in that household 

 

Yes, this has me very confused. It is difficult to understand all this, I am very new. In the future I will look back and see how I grew thanks to your help!!

Quote

https://citizenpath.com/faq/sponsor-household-member-difference/

Yes, I saw this page these days.

 

Quote

this may help   Relationship can be evidenced by his birth certificate and his mothers marriage certificate to his step father. Shared utility bills or drivers licenses, bank statements etc showing the same address will demonstrate shared household 

Yes, we did those forms... we filled out an i864 for my husband (petitioner).
and two i864a forms for my mother-in-law and father-in-law.
We also upload Tax Transcript, W2,1049SR, SSA, proof of citizenship, proof of address, proof of death of my husband's father, marriage certificate of my mother in law with my husband's step father. my husband's birth certificate... and everything they also ask for... we were also thinking of uploading a letter signed in handwriting by my father-in-law and my mother-in-law expressing their willingness to sponsor us. It doesn't occur to me that other evidence could be uploaded... i fill the CEAC website with documents today xD

Thank you very much for helping us, I hope this is enough to be closer to my husband together with our baby.

[pushbrk 12,883]

1 hour ago, Marcela&Melvin said:

I still have a little trouble understanding English, sorry.
If you are referring to my husband, if he contributes financially to the household.

 

Yes, he fills out his taxes on his own.

 

No, he is not dependent on his mother and stepfather.

Yes, this has me very confused. It is difficult to understand all this, I am very new. In the future I will look back and see how I grew thanks to your help!!

Yes, I saw this page these days.

 

Yes, we did those forms... we filled out an i864 for my husband (petitioner).
and two i864a forms for my mother-in-law and father-in-law.
We also upload Tax Transcript, W2,1049SR, SSA, proof of citizenship, proof of address, proof of death of my husband's father, marriage certificate of my mother in law with my husband's step father. my husband's birth certificate... and everything they also ask for... we were also thinking of uploading a letter signed in handwriting by my father-in-law and my mother-in-law expressing their willingness to sponsor us. It doesn't occur to me that other evidence could be uploaded... i fill the CEAC website with documents today xD

Thank you very much for helping us, I hope this is enough to be closer to my husband together with our baby.

This is wrong if mom and stepdad qualify without combining income with your husband.  See my earlier post.

[Marcela&Melvin 7]

8 hours ago, pushbrk said:

This is wrong if mom and stepdad qualify without combining income with your husband.  See my earlier post.

Hi, no they alone don't come up with the total, yes or if my husband has to be mainly... I don't know if this is what you are asking me... my in-laws come in together around 36,000 but since we will be 5 members in the household, it has to be a little more than 40,000... so my husband, being the main sponsor, joining his income with that of my in-laws, exceeds 40,000.  At home, we would be my mother-in-law, father-in-law, my husband, our son (4) and myself.

[Lil bear 4,213]

12 minutes ago, Marcela&Melvin said:

Hi, no they alone don't come up with the total, yes or if my husband has to be mainly... I don't know if this is what you are asking me... my in-laws come in together around 36,000 but since we will be 5 members in the household, it has to be a little more than 40,000... so my husband, being the main sponsor, joining his income with that of my in-laws, exceeds 40,000.  At home, we would be my mother-in-law, father-in-law, my husband, our son (4) and myself.

I think @pushbrk was highlighting 2 options 

 

1. if your inlaws meet the financial

requirement themselves .. then file I864 for your husband AND I 864and I864a from inlaws as joint sponsor

2. if inlaws dont meet the requirement, file I864 AND i864 a for each of inlaws to add their income to his as household members. 
 

You are in the position to have two possible options .. but you have clearly indicated that option 1 wont work .. looks like you have done really well navigating this !! And i hope things go quickly and well for you 

 This is a hard journey .. stay strong.. each day brings you closer to the end and to being together again ! 

[pushbrk 12,883]

9 hours ago, Marcela&Melvin said:

Hi, no they alone don't come up with the total, yes or if my husband has to be mainly... I don't know if this is what you are asking me... my in-laws come in together around 36,000 but since we will be 5 members in the household, it has to be a little more than 40,000... so my husband, being the main sponsor, joining his income with that of my in-laws, exceeds 40,000.  At home, we would be my mother-in-law, father-in-law, my husband, our son (4) and myself.

Assuming your son is a US Citizen, doing it the way I suggested will work just fine.  Neither your husband or son are required to be counted in his parents' household.  Your way, they must be.  My way are not.  If your husband's income is enough for a household of three, you don't need his parents. If not, his parents' income is sufficient for the two of them and you.  

 

That five will be living in the house, does not mean the household is 5 for US Immigration purposes.  It's an assumption you've made in error.

[Ontarkie 14,224]

~~Hijack post and all related replies split off to its their own thread. Please do not post questions about your own case in other member's threads. your questions completely took over the thread you hijacked.~~