New member needs help w/ DCF and I-864!

[cdaz 0]

Hello,

First let me start with, I'm a new member and what a helpful site! I've been reading some of the info and you guys have clarified some of my doubts. My story is the following: I'm a USC and my wife is a citizen of Honduras, we have a daughter who was born here in Honduras and I was able to transmit citizenship to her.(woohoo!) Now, we want to move back to the states since I have gained enough work experience. We have filed the I-130 and it was approved, althought it was approved with the classification for (child CR-2), however I emailed the embassy and called them. The application(I130) was filled out correctly petitioning my wife. I have not received a new notice but the embassy says its OK in their system. (Q1. Is that something to worry about?) Now, we are waiting for the Packet 3. I've been reading and trying to get ahead while trying to understand the process and I've found myself in some corners. Since I was never planning to live in Honduras I didnt buy a house or a car, nor have I established any form of Credit. I understand that I can have a joint sponsor which has to meet the poverty guidelines and I beleive my mother or my brother can meet them. Here are my questions:

Q2. If my mom is married and declares my sister in her taxes and files jointly with my father she has to be able to support all 3 of the family members plus the immigrant(my wife), myself USC and our daughter USC, making a total of 6 family members or will she be able to just sponsor the immigrant(my wife) making a total of 4 family members?(not including me or our daughter)

Q3. In the I-864 there's a question which I need clarification is number 21, which has to do w/ questions 8-10. If in question #8 I check yes, do I have to add my wifes name in the fields for #9(she will be the only immigrant being sposored)? And if so, #10 says that I must Enter the amount of immig. which would be only 1? However, when I get to #21 if I add the numbers which are 1(immig. from #10 my wife)+1(myself)+1(my wife the immig.becauce we are married)+1(our daughter)=4 houseold members, but in reality there's only 3 of us? I'm I confused or is that how it is?

Q4. From reading past posts I understand that my foreign income will not be used, I would like to know if I still have to file the I864 regrdless? (which I'm planning to do anyway)

Q5. Since living in Honduras I have not kept a domicile in the US except for the fact that that we will be living in my parents house if we get approved while we get established. Will quiting my job selling, all of furniture, appliances, etc. and liquidating bank accounts be considered re-establishing domicile?

Q6. Will the fact that our daughter and myself are USC will help in any cosideration from the CO?

Sorry for all the writing but I'm just trying to generate a complete Idea...

Please help and thanks in advanced,

cdaz

Edited July 26, 2007 by cdaz

[john_and_marlene 162]

Q1: Nothing to worry about

Q2: She does not include you or the USC daughter -- total = 4

Q3: The instructions tell you not to count anyone twice -- since you list her as the immigrant, do not count her anywhere else.

Q4: Yes, you will have to complete an I-864 even if your US income is 0

Q5: You can count your mother's residence as your domicile -- it is your planned initial domicile.

Q6: No advantage for your spouse.

[cdaz 0]

Q1: Nothing to worry about

Q2: She does not include you or the USC daughter -- total = 4

Q3: The instructions tell you not to count anyone twice -- since you list her as the immigrant, do not count her anywhere else.

Q4: Yes, you will have to complete an I-864 even if your US income is 0

Q5: You can count your mother's residence as your domicile -- it is your planned initial domicile.

Q6: No advantage for your spouse.

Wow, thanks for the fast reply, really helps a lot for the plannning purposes and putting the mind at ease. So, If in the I864 #21 where it asks if I'm married place a "0"? I was wondering how not to COUNT ANYONE TWICE! Thank you sooo much!

[YuAndDan 153]

Q1. NO, nothing to worry about

Q2. Yes, the sponsor and Joint sponsor. need to count all dependents, as well as the immigrant(s)

Q3. Don't count anyone twice, your wife is first an immigrant, and is not counted as spouse.

Q4. You MUST file an I-864 because you petitioned for the immigrant. Also I-864 requires 2 things of you inorder for you to file it, You MUST have domicile in the USA, and you Need to have been filing IRS returns the past year's one is needed to be attached , or a letter with a reason you were exempt from filing a return, (Income below a amount determined by IRS) You may be exempt from paying taxes on foreign income, but you are not exempt from filing IRS returns when out of country.

Q5. You may want to read this document to determine Domicile: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Q6. Is daughter the CR-2 you spoke of? If she is USC, then she is not immigrating, you register birth with consulate and get her a US Passport

[cdaz 0]

Q1. NO, nothing to worry about

Q2. Yes, the sponsor and Joint sponsor. need to count all dependents, as well as the immigrant(s)

Q3. Don't count anyone twice, your wife is first an immigrant, and is not counted as spouse.

Q4. You MUST file an I-864 because you petitioned for the immigrant. Also I-864 requires 2 things of you inorder for you to file it, You MUST have domicile in the USA, and you Need to have been filing IRS returns the past year's one is needed to be attached , or a letter with a reason you were exempt from filing a return, (Income below a amount determined by IRS) You may be exempt from paying taxes on foreign income, but you are not exempt from filing IRS returns when out of country.

Q5. You may want to read this document to determine Domicile: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Q6. Is daughter the CR-2 you spoke of? If she is USC, then she is not immigrating, you register birth with consulate and get her a US Passport

ohoh,

OK lets go with Q6. Our daughter is a USC, we got that out of the way when she was born. The I-130 was petioning my wife, but APPROVAL NOTICE OF RELATIVE IMMIGRANT VISA PETITION letter was mailed with my wifes name as the beneiciary, but the classification came as 201(B) child-CR-2, which is completely not the case, since I'm petitioning my wife, however I mailed the embassy to see if it was a mistake. I was worried because we thought we would have to re-do the I-130, but the embassy checked the original petition and confirmed it was filled out correctly and that they would make the changes in their system, so now everything with I-130 is correct. I was asking since a change was made in their system, but i have not received a notification of that change, is it something to worry about?

Now I'm confused, the first reply says for Q2 that for that original houseold of 3 + the immigrant, the houseold = 4, not including myself USC and our daughter USC, but you say that all members must be acounted for which would be: original houseold of 3 + 3 the immig. and the two USCs, the houseold = 6, which one is correct? or am I just confusing myself?

[john_and_marlene 162]

Q1. NO, nothing to worry about

Q2. Yes, the sponsor and Joint sponsor. need to count all dependents, as well as the immigrant(s)

Q3. Don't count anyone twice, your wife is first an immigrant, and is not counted as spouse.

Q4. You MUST file an I-864 because you petitioned for the immigrant. Also I-864 requires 2 things of you inorder for you to file it, You MUST have domicile in the USA, and you Need to have been filing IRS returns the past year's one is needed to be attached , or a letter with a reason you were exempt from filing a return, (Income below a amount determined by IRS) You may be exempt from paying taxes on foreign income, but you are not exempt from filing IRS returns when out of country.

Q5. You may want to read this document to determine Domicile: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Q6. Is daughter the CR-2 you spoke of? If she is USC, then she is not immigrating, you register birth with consulate and get her a US Passport

ohoh,

OK lets go with Q6. Our daughter is a USC, we got that out of the way when she was born. The I-130 was petioning my wife, but APPROVAL NOTICE OF RELATIVE IMMIGRANT VISA PETITION letter was mailed with my wifes name as the beneiciary, but the classification came as 201(B) child-CR-2, which is completely not the case, since I'm petitioning my wife, however I mailed the embassy to see if it was a mistake. I was worried because we thought we would have to re-do the I-130, but the embassy checked the original petition and confirmed it was filled out correctly and that they would make the changes in their system, so now everything with I-130 is correct. I was asking since a change was made in their system, but i have not received a notification of that change, is it something to worry about?

Now I'm confused, the first reply says for Q2 that for that original houseold of 3 + the immigrant, the houseold = 4, not including myself USC and our daughter USC, but you say that all members must be acounted for which would be: original houseold of 3 + 3 the immig. and the two USCs, the houseold = 6, which one is correct? or am I just confusing myself?

You are confusing yourself.

Your mother's household size, for these purposes, do not include you and your daughter unless the two of you will be her dependents. You may live in the same house when you arrive, but if you are financially responsible for yourself and your daughter (she won't be taking a deduction on her taxes for supporting you), then it's just the current 3 + the new immigrant.

[YuAndDan 153]

ohoh,

OK lets go with Q6. Our daughter is a USC, we got that out of the way when she was born. The I-130 was petioning my wife, but APPROVAL NOTICE OF RELATIVE IMMIGRANT VISA PETITION letter was mailed with my wifes name as the beneiciary, but the classification came as 201(B) child-CR-2, which is completely not the case, since I'm petitioning my wife, however I mailed the embassy to see if it was a mistake. I was worried because we thought we would have to re-do the I-130, but the embassy checked the original petition and confirmed it was filled out correctly and that they would make the changes in their system, so now everything with I-130 is correct. I was asking since a change was made in their system, but i have not received a notification of that change, is it something to worry about?

Now I'm confused, the first reply says for Q2 that for that original houseold of 3 + the immigrant, the houseold = 4, not including myself USC and our daughter USC, but you say that all members must be acounted for which would be: original houseold of 3 + 3 the immig. and the two USCs, the houseold = 6, which one is correct? or am I just confusing myself?

You are confusing yourself.

Your mother's household size, for these purposes, do not include you and your daughter unless the two of you will be her dependents. You may live in the same house when you arrive, but if you are financially responsible for yourself and your daughter (she won't be taking a deduction on her taxes for supporting you), then it's just the current 3 + the new immigrant.

Yep that is correct!

Household size has to do with dependents counted on tax returns.

I live under the same roof as my parents, I am not counted as their dependent, and If I had to use them as Joint Sponsors, they would only be counting my Wife, not me on their "I-864"

[cdaz 0]

ohoh,

OK lets go with Q6. Our daughter is a USC, we got that out of the way when she was born. The I-130 was petioning my wife, but APPROVAL NOTICE OF RELATIVE IMMIGRANT VISA PETITION letter was mailed with my wifes name as the beneiciary, but the classification came as 201(B) child-CR-2, which is completely not the case, since I'm petitioning my wife, however I mailed the embassy to see if it was a mistake. I was worried because we thought we would have to re-do the I-130, but the embassy checked the original petition and confirmed it was filled out correctly and that they would make the changes in their system, so now everything with I-130 is correct. I was asking since a change was made in their system, but i have not received a notification of that change, is it something to worry about?

Now I'm confused, the first reply says for Q2 that for that original houseold of 3 + the immigrant, the houseold = 4, not including myself USC and our daughter USC, but you say that all members must be acounted for which would be: original houseold of 3 + 3 the immig. and the two USCs, the houseold = 6, which one is correct? or am I just confusing myself?

You are confusing yourself.

Your mother's household size, for these purposes, do not include you and your daughter unless the two of you will be her dependents. You may live in the same house when you arrive, but if you are financially responsible for yourself and your daughter (she won't be taking a deduction on her taxes for supporting you), then it's just the current 3 + the new immigrant.

Yep that is correct!

Household size has to do with dependents counted on tax returns.

I live under the same roof as my parents, I am not counted as their dependent, and If I had to use them as Joint Sponsors, they would only be counting my Wife, not me on their "I-864"

ok thank you guys so much i thought we were on different pages....if thats the case is the contract I-864A needed since my I-864 will not be accounted for because of my income? Also, if I understant it correctly the contract is for two member of the same houseold being joint sponsors, if I am not a memeber of that houseold I would guess the contract is of no use to our situation. Since signing that contract would include me as a member of my mothers houseold correct?

Another Q. is that I have been in Honduras since 2003 and have not filed any taxes, I understand that there's a form used to see of I can be exempt from paying, will that be required for my I-864? I've read that USC can be exempt from paying due to foreign income, but you still have to file, how would that affect my situation?

Again, I cannot express my thanks enough!

[YuAndDan 153]

ok thank you guys so much i thought we were on different pages....if thats the case is the contract I-864A needed since my I-864 will not be accounted for because of my income? Also, if I understant it correctly the contract is for two member of the same houseold being joint sponsors, if I am not a memeber of that houseold I would guess the contract is of no use to our situation. Since signing that contract would include me as a member of my mothers houseold correct?

Another Q. is that I have been in Honduras since 2003 and have not filed any taxes, I understand that there's a form used to see of I can be exempt from paying, will that be required for my I-864? I've read that USC can be exempt from paying due to foreign income, but you still have to file, how would that affect my situation?

Again, I cannot express my thanks enough!

You will either have to file late returns, they wont penalize you do to being exempt from paying taxes.

Don't worry about I-864A it is only used in cases where a sponsor or joint sponsor needs to rely on an additional household member for support due to both sponsor and and joint sponsor not making enough to reach 125% poverty line counting their dependents and the sponsored immigrant(s)

Some reading:

http://www.irs.gov/faqs/faq13-7.html

http://www.irs.gov/businesses/small/articl...=108326,00.html

[cdaz 0]

ok thank you guys so much i thought we were on different pages....if thats the case is the contract I-864A needed since my I-864 will not be accounted for because of my income? Also, if I understant it correctly the contract is for two member of the same houseold being joint sponsors, if I am not a memeber of that houseold I would guess the contract is of no use to our situation. Since signing that contract would include me as a member of my mothers houseold correct?

Another Q. is that I have been in Honduras since 2003 and have not filed any taxes, I understand that there's a form used to see of I can be exempt from paying, will that be required for my I-864? I've read that USC can be exempt from paying due to foreign income, but you still have to file, how would that affect my situation?

Again, I cannot express my thanks enough!

You will either have to file late returns, they wont penalize you do to being exempt from paying taxes.

Don't worry about I-864A it is only used in cases where a sponsor or joint sponsor needs to rely on an additional household member for support due to both sponsor and and joint sponsor not making enough to reach 125% poverty line counting their dependents and the sponsored immigrant(s)

Some reading:

http://www.irs.gov/faqs/faq13-7.html

http://www.irs.gov/businesses/small/articl...=108326,00.html

Thanks a lot, I've reading on the taxes and I will just have to file for the past years, it looks like with my income which is way below 80k a year I will probably be exempt. I'm now working on the I-864 to see if my family members qualify and also I'm going to ask them to begin gathering the information(docs) so we can stay a bit ahead and over-prepared.

thanks,

cdaz

[YuAndDan 153]

You will either have to file late returns, they wont penalize you do to being exempt from paying taxes.

Don't worry about I-864A it is only used in cases where a sponsor or joint sponsor needs to rely on an additional household member for support due to both sponsor and and joint sponsor not making enough to reach 125% poverty line counting their dependents and the sponsored immigrant(s)

Some reading:

http://www.irs.gov/faqs/faq13-7.html

http://www.irs.gov/businesses/small/articl...=108326,00.html

Thanks a lot, I've reading on the taxes and I will just have to file for the past years, it looks like with my income which is way below 80k a year I will probably be exempt. I'm now working on the I-864 to see if my family members qualify and also I'm going to ask them to begin gathering the information(docs) so we can stay a bit ahead and over-prepared.

thanks,

cdaz

Good idea. And Good Luck!