I-864

[daisylynn 0]

First, do I need to fill out the I-864 even though I (sponsor) haven't made any money in 3 years?

My mom (joint sponsor) fills out the same form right? not the 864A?

Are the questions that say 'optional' really optional? Or will it do worse for us not to complete those questions.

Thanks!

Tammy

[daisylynn 0]

Sorry, another question...

Is there anyway for me to fill it in online, save it and then send it via email to my mom for her to fill in the rest? She isn't the best at filling stuff like this in. I tried but it didn't save the info I put in.

[YuAndDan 153]

The petitioner (YOU) Must file an I-864 to sponsor your spouse. You can use mother as a Joint sponsor (I-864) or if you are a member of her household can use the contract between sponsor (YOU) and member of household (Mother) (I-864A)

In order to fill out the PDF forms and save you need to be using the full Adobe Acrobat software.

If you have been living out of country for a while, you will need to prove that it was temporary, and that you maintained domicile in the USA in order to file I-864 Also a requirement is filing of IRS returns every year, you may be exempt from paying taxes on foreign income, but NOT exempt from filing a return.

Good info on this form: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Edited August 22, 2007 by YuAndDan

[daisylynn 0]

Thank you for that link (good information!) and for the info.

In that link, it says if you were not required to file a tax return, you can just state that and send a copy of the instructions from the IRS publication that says you were not required. Are you saying that I still have to file?? Since I made $0, I am not required by the IRS. Am I by Immigration?

Domicile-How do I go about establishing that and what do I need to take (or send in) that shows that? I used to live in the place my mom lives now (she moved in when I moved out), so I had been getting my mail there still. But over the years, and after her sending things back all the time, they have stopped sending/delivering stuff there. So, what do I do to establish domicile? I have a bank account down there but the statement comes to me. If I get the address changed, there is a chance it wouldn't even get delivered. What do I do????

[trailmix 77]

Thank you for that link (good information!) and for the info.

In that link, it says if you were not required to file a tax return, you can just state that and send a copy of the instructions from the IRS publication that says you were not required. Are you saying that I still have to file?? Since I made $0, I am not required by the IRS. Am I by Immigration?

Domicile-How do I go about establishing that and what do I need to take (or send in) that shows that? I used to live in the place my mom lives now (she moved in when I moved out), so I had been getting my mail there still. But over the years, and after her sending things back all the time, they have stopped sending/delivering stuff there. So, what do I do to establish domicile? I have a bank account down there but the statement comes to me. If I get the address changed, there is a chance it wouldn't even get delivered. What do I do????

Hi Daisylynn,

They are sending back my I-864 at the moment for proof of domicile (so I may not be the best person to answer - however you are doing DCF and they are a little more lenient about domicile, so I have heard) and to enter my foreign income, however the link Yu and Dan gave you explains what you must do to prove domicile:

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:

• Find a job in the United States

• Locate a place to live in the United States

• Register children in U.S. schools

• Make arrangements to give up (relinquish) residence abroad

• Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.

My advice would be that you accomplish as many of these as you can (and provide lots of back up information - the U.S. bank account etc etc).

Your interpretation of the tax returns issue is correct, however, they can ask you for those tax returns at any time - in spite of what is stated. I would recommend you file the tax returns for at least 04/05/06 - it can't hurt and it certainly might help. You don't want to get half way through the process and have them request them and then have to rush to get them done.

Here is the IRS link for previous years forms:

http://www.irs.gov/formspubs/article/0,,id=98339,00.html

[daisylynn 0]

trailmix-Thanks for that link to the IRS forms. I had looked for those before and couldn't seem to find them.

As far as proving domicile...I had read over that stuff on that link, but am still uncertain what I need to have to prove it. Do they want to see copies of bank statements with the address on it or what? And is all they are looking for is just my name with the U.S. address? Or do they want to see account activity or things like that? And do they need to see them over a period of time or just a recent one?

I guess I will have my address changed at the U.S. bank I have and with the student loan place I have. Will that be enough for them? What have others done?

[YuAndDan 153]

trailmix-Thanks for that link to the IRS forms. I had looked for those before and couldn't seem to find them.

As far as proving domicile...I had read over that stuff on that link, but am still uncertain what I need to have to prove it. Do they want to see copies of bank statements with the address on it or what? And is all they are looking for is just my name with the U.S. address? Or do they want to see account activity or things like that? And do they need to see them over a period of time or just a recent one?

I guess I will have my address changed at the U.S. bank I have and with the student loan place I have. Will that be enough for them? What have others done?

A few things a driver's license with a parent's address on it may show that you have maintained your US domicile as your parent's home, US bank statements with your US address listed...

[daisylynn 0]

Does the driver's license have to be current? I do have an old one with that address, but it was from years ago.

When will I need to show all of this stuff? At the interview in Montreal? And do I just show the bank statements? How many? Also, can they say 'In care of' and then my mom's name? Or do they have to be in only my name? Just wondering because my mom's postmaster sometimes doesn't deliver things there if he knows the person doesn't live there.

Another thing, for the birth certificate for the joint sponsor, when will we have to show that? My mom just informed me that she only has the card version so we're going to have to order hers and it's saying 6-8 weeks. Just wanted to know when we will need to actually present that.

Thanks!!

[daisylynn 0]

Just to make sure, she can't use her birth certificate (wallet form), right? That's all she has, but want to make sure before we send for her other.

I know I asked about when we will need this information, but I'm guessing it's with the I-864 package. When does that have to be sent in (about how long from starting the process)?

[trailmix 77]

Just to make sure, she can't use her birth certificate (wallet form), right? That's all she has, but want to make sure before we send for her other.

I know I asked about when we will need this information, but I'm guessing it's with the I-864 package. When does that have to be sent in (about how long from starting the process)?

Hi DaisyLynn,

She will need the long form birth certificate.

I'm not all that familiar with DCF - it will probably be a couple of months before you send your I-864 at least and that is when you will send your joint sponsor information.

[MargotDarko 0]

Just to make sure, she can't use her birth certificate (wallet form), right? That's all she has, but want to make sure before we send for her other.

I know I asked about when we will need this information, but I'm guessing it's with the I-864 package. When does that have to be sent in (about how long from starting the process)?

Hi DaisyLynn,

She will need the long form birth certificate.

I'm not all that familiar with DCF - it will probably be a couple of months before you send your I-864 at least and that is when you will send your joint sponsor information.

With DCF, the I-864(s) and all supporting documents are taken to the interview rather than sent in advance.

[daisylynn 0]

Shew! I was hoping we wouldn't need it until the interview. Thanks!!!