I-864 - one last question

[Jasmin 1]

Hi guys,

we are done with completing my husband's form, but now there's a question about our co-sponsor (his dad). My husband asked me the following and I hope you guys can answer us:

"I tried filling out dad's I-864 myself to see how far I could get. Now I am a little confused. On all the tax forms, which are jointly filed, it lists ONE income. It's about *** dollars. And I'm guessing it is both of their incomes together. How does this affect what we are doing? Do I need to somehow find out his income ONLY?

I also read that we only need the W2's for the last year. Isn't that right?"

[Jasmin 1]

Anybody, please?

[Chica Yeyé 41]

"I tried filling out dad's I-864 myself to see how far I could get. Now I am a little confused. On all the tax forms, which are jointly filed, it lists ONE income. It's about *** dollars. And I'm guessing it is both of their incomes together. How does this affect what we are doing? Do I need to somehow find out his income ONLY?

I also read that we only need the W2's for the last year. Isn't that right?"

I think (not sure) that if dad and mom file together, you would also need a I-864A (Contract between sponsor and household member). As for the W2s, I'm not sure... aren't the transcripts good enough?

good luck and hope someone has more precise things to add.

Peace, L.

[Yodrak 7]

Jasmin,

Does "tax forms" mean tax returns or tax transcripts? Either way, W-2 forms - which are an integral part of a tax return - enable you to break down the joint income into 'his' and 'hers'.

You want his income only, unless he is going to use her as a Household Member.

Yodrak

Hi guys,

we are done with completing my husband's form, but now there's a question about our co-sponsor (his dad). My husband asked me the following and I hope you guys can answer us:

"I tried filling out dad's I-864 myself to see how far I could get. Now I am a little confused. On all the tax forms, which are jointly filed, it lists ONE income. It's about *** dollars. And I'm guessing it is both of their incomes together. How does this affect what we are doing? Do I need to somehow find out his income ONLY?

.....

Edited August 10, 2007 by Yodrak

[endless 0]

I'm in the same situation Jasmin and I have my wife as sponsor and her mother as joint sponsor, she (her mother) filed jointly with her dad so, her mother signs the I-864 and I had her dad sign the I-864A.

That's the way I'm doing it, I hope I'm right

[Jasmin 1]

If we used both of their income together (simply because it seems less hassle), would we need her birth certificate, too, to prove her US citizenship?

[Yodrak 7]

endless,

That's almost correct, if both incomes are being reported.

Both of them signed the I-864A, not just dad - yes?

Yodrak

I'm in the same situation Jasmin and I have my wife as sponsor and her mother as joint sponsor, she (her mother) filed jointly with her dad so, her mother signs the I-864 and I had her dad sign the I-864A.

That's the way I'm doing it, I hope I'm right

[endless 0]

Ok to sum up

sponsor - less than 125% so we decide to use joint sponsor, the sponsor father and mother, (that do not leave in the same house) they file taxes jointly so mother main sponsor (her income is more than 125% poverty line) signs the I-864 form, father signs I-864A (which is only a contract with a family member to use his income too as they file jointly).

Hope I made it more clear... and I hope I got it right

[Jasmin 1]

I think that's how we are gonna do it simply because I don't want to go through the trouble of having to break down their income...

But, do we need my mother-in-law's birth certificate, too, then?

[endless 0]

According to the instructions of the I-864 yes:

Proof of U.S. citizen, national, or permanent resident status isrequired for joint and substitute sponsors and for relatives ofemployment-based immigrants who file this form. Petitioningrelatives who have already filed proof of their citizenship orimmigration status with Forms I-130, Form I-129F, I-600 andI-600A do not need to submit proof of their status with thisform.

It's good you asked this question 'cause I totally missed this point before!

[Yodrak 7]

endless,

Again, father and mother both had to sign that I-864A.

But you say now that they do not "leave" - live? - in the same residence? I'm going to have to read the requirements for Household Member again before writing anything more.

Yodrak

Ok to sum up

sponsor - less than 125% so we decide to use joint sponsor, the sponsor father and mother, (that do not leave in the same house) they file taxes jointly so mother main sponsor (her income is more than 125% poverty line) signs the I-864 form, father signs I-864A (which is only a contract with a family member to use his income too as they file jointly).

Hope I made it more clear... and I hope I got it right

[rebeccajo 14]

Yodrak -

I am as confused about your response to endless as they are. If the sponsor (petitioner) and joint sponsor do not live in the same household, my understanding is the petitioner files their I-864 and the joint sponsor files their own second affidavit. Of course other household members (unless the immigrants income is used) would file I864A if necessary to either affidavit.

Jasmin -

Splitting out one parties income is sometimes easier to do than messing about with obtaining a second birth certificate. I used only my father's income for his affidavit by pointing to his W2's as proof of the income, as mentioned by Yodrak in his first post in this thread.

Becca

Edited August 12, 2007 by rebeccajo

[Yodrak 7]

Becca,

Yodrak -

I am as confused about your response to endless as they are. If the sponsor (petitioner) and joint sponsor do not live in the same household, my understanding is the petitioner files their I-864 and the joint sponsor files their own second affidavit.

Yes.

On first reading of the last post I understood endless to mean that the sponsor's father and mother do not live in the same household as each other. Not the usual situation, but possible and not unheard of. So the confusion is mine if endless meant that the sponsor's father and mother, who live together, live separate from the sponsor.

Of course other household members (unless the immigrants income is used) would file I864A if necessary to either affidavit.

.....

The I-864A is not signed a single person. It is a contract between a Sponsor (or Joint Sponsor) and their Household Member, so it is signed by both the Sponsor (or Joint Sponsor) and the Household Member.

All one has to do is look at the form - Sponsor's signature on line 14, Household Member's signature on line 16. Don't even have to read the instructions to see that it requires the signatures of both parties.

Yodrak

Edited August 12, 2007 by Yodrak

[Jasmin 1]

Oh my goodness, I am getting SO frustrated!

Obvisously on my father-in-law's tax transcripts it doesn't list the adjusted gross income anywhere. What are we gonna do about that? We need to know it to put in the I-864, right?

And I still don't understand how we can split up my mother-in-law's and my father-in-law's income on those transcripts since we only want to use his, not hers. What are we gonna do about that? Use his W-2s? What if he doesn't have those anymore? Can we use a "wage transcript" or whatever it's called?

[rebeccajo 14]

The I-864A is not signed a single person. It is a contract between a Sponsor (or Joint Sponsor) and their Household Member, so it is signed by both the Sponsor (or Joint Sponsor) and the Household Member.

All one has to do is look at the form - Sponsor's signature on line 14, Household Member's signature on line 16. Don't even have to read the instructions to see that it requires the signatures of both parties.

Well that's my big oops. I've never really paid any attention to the signature area. And I never used the form myself. So this is my 'something learned today'. Thanks!