Seeking Advice on Affidavit of Support I-864 for CR1 Visa Process

[Sander1234 5]

My wife and I are preparing for our move to the U.S. with a CR1 visa, following her I-130 petition for me. We're currently living abroad but planning ahead to avoid delays, even though we haven't reached the NVC stage yet. My wife is still considered domiciled in the U.S., as our stay overseas is temporary, and her address in the U.S. is with her parents, where we plan to live upon our arrival until we have found our own place. This address was also listed on our I-130 form.

 

Last year, my wife was completing her graduate studies and did not earn enough to meet the income requirements for sponsorship. As a result, her parents have agreed to be our additional sponsors. Since they file their taxes jointly, we're exploring the best approach for them to become sponsors:

 

• Form I-864A Use: Is it appropriate for my wife's parents to use Form I-864A, Contract Between Sponsor and Household Member, in our situation? If so, considering their joint tax filing, is it necessary for both parents to complete the form, or would only one parent suffice? Additionally, how would this choice affect the household size calculation for the I-864A form—would it be 3 if one parent fills it out, and 4 if both do?
• Regular I-864 Form: Alternatively, could they opt for the regular I-864 form as joint sponsors instead? If choosing this route, how does it impact the household size calculation—would it then be considered 2 for the purposes of the I-864 form?
• Comparison and Recommendation: Are there any advantages or disadvantages between choosing Form I-864A versus the regular I-864 form for our situation?

 

I appreciate any guidance or experiences shared, as we want to avoid any delays because of RFEs.

 

Thank you in advance for your help!

[Crazy Cat 41,836]

1.  Wife completes I-864 as Primary Sponsor with Household size of 2 (self and sponsored immigrant).

2.  One parent completes I-864 as Joint Sponsor with Household size of 3 (self, spouse, sponsored immigrant)

3.  Other parent (Spouse of Joint Sponsor) completes an I-864a as household member of Joint Sponsor to combine income with Joint Sponsor

Edited February 25 by Crazy Cat

[Sander1234 5]

Thank you so much for your insights! I do have a concern, though, regarding potential contradictions between my wife's I-864 form and that of my in-laws. Specifically, my wife's I-864 would suggest that we're establishing a two-person household at her parents' address. Concurrently, her parents would be indicating a household size of 3, incorporating me as part of their joint household. Is this contradiction a problem?

 

For additional context, my wife is not considered a dependent of her parents for IRS purposes. The primary challenge in meeting the sponsorship income requirement stems purely from her recent graduate studies. Although she exceeded the necessary income threshold in the years before her graduate program (tax years 2021 & 2022), her 2023 tax return will reflect zero income due to her academic commitments. By the time we need to submit our Affidavit of Support around September this year, the most recent tax return required (2023) will unfortunately showcase this lack of income. Her current annual income for 2024 is again also just under the minimum requirement. Given these circumstances, we're leaning towards having her parents provide additional sponsorship to ensure we meet the income requirements.

 

The poverty thresholds for 2024 for a 3-person household is $25,820, so my in-laws showing an income of at least $32,275 would be sufficient in this case?

[Crazy Cat 41,836]

3 hours ago, Sander1234 said:

Specifically, my wife's I-864 would suggest that we're establishing a two-person household at her parents' address.

That's OK. 

3 hours ago, Sander1234 said:

Concurrently, her parents would be indicating a household size of 3, incorporating me as part of their joint household.

That is correct as far a the count.

3 hours ago, Sander1234 said:

For additional context, my wife is not considered a dependent of her parents for IRS purposes.

Thus, not required to be part of their household.

 

3 hours ago, Sander1234 said:

The poverty thresholds for 2024 for a 3-person household is $25,820, so my in-laws showing an income of at least $32,275 would be sufficient in this case?

I don't see an issue.

 

Joint Sponsorship is quite normal.  Good luck.  

 

Edited February 25 by Crazy Cat

[Crazy Cat 41,836]

39 minutes ago, Sander1234 said:

I do have a concern, though

Here is another similar thread from a couple years ago.  Note the replies from @aaron2020 and @pushbrk, who is, in my opinion, the source for all things I-864....and more.

 

 

Edited February 25 by Crazy Cat

[pushbrk 12,876]

The joint sponsor is not establishing a household that includes you.  You are counted simply because you are the intending immigrant.  That you plan to begin your life in the USA at the joint sponsor's house, is irrelevant.  You will see nothing on the form or in the instructions that talks about establishing any household.  Don't read thing in that are not there.

[Crazy Cat 41,836]

5 minutes ago, pushbrk said:

The joint sponsor is not establishing a household that includes you.  You are counted simply because you are the intending immigrant.  That you plan to begin your life in the USA at the joint sponsor's house, is irrelevant.  You will see nothing on the form or in the instructions that talks about establishing any household.  Don't read thing in that are not there.

Good point.  I could have made that clearer.  

Edited February 25 by Crazy Cat