I-864 & I-864A questions

[Sarah08 0]

Hi everyone,

It's getting down to the nitty gritty! I almost have everything ready to mail off, but we are working on the financial forms. Here's the deal. I still live with my parents on the weekends, and listed my address at school as my primary residence, but I am still listed as a dependent for my parents on their taxes, so they can fill out the I-864 A, correct? And I need my mom and my dad to fill out their own seperate forms, even though they file taxes jointly?

On the I-864, would I then list my household size as "4," even though I didn't list my parent's house as my primary residence? (I put it on there as my mailing address).

Thanks a lot! I can't wait until I can be the one who answers people's questions and stops asking so many of them! lol

[rebeccajo 14]

Question: Do you earn enough income to support both of you, or do you need sponsorship from your parents?

[Sarah08 0]

Question: Do you earn enough income to support both of you, or do you need sponsorship from your parents?

No, I don't make enough on my own. We are both still in college, so I need my parents to help.

[William33 110]

Question: Do you earn enough income to support both of you, or do you need sponsorship from your parents?

No, I don't make enough on my own. We are both still in college, so I need my parents to help.

Then your parents must agree to sponsor your fiance.

[Sarah08 0]

Question: Do you earn enough income to support both of you, or do you need sponsorship from your parents?

No, I don't make enough on my own. We are both still in college, so I need my parents to help.

Then your parents must agree to sponsor your fiance.

...which they do. I just need to know if they both need to fill out the I-864A, or if they can just fill out 1 since they file taxes jointly. And if I would include them in my household number, since I didn't list their house as my primary residence. They still claim me as a dependant though.

[rebeccajo 14]

In your scenario, you are reporting a different address from your parents.

You will complete and I864, and they will complete an I864 of their own.

If one of your parents earns enough income on their own to support all members of the household including the sponsored immigrant, there is no need for an I864A for the other parent.

[Sarah08 0]

In your scenario, you are reporting a different address from your parents.

You will complete and I864, and they will complete an I864 of their own.

If one of your parents earns enough income on their own to support all members of the household including the sponsored immigrant, there is no need for an I864A for the other parent.

Thanks for responding. I am still a little confused though, lol. So for the first part, they would check that they are the only joint sponsor, since they filed taxes together? And I am still the first sponsor? Then would they put that there are 3 members of their household (them & me as a dependent) and I would put on mine that there are 2 members of my household (me and Ede)?

Thanks for your patience! Like I said, I can't wait until I know enough to help other people out!

[Sarah08 0]

Oh, and also, do I submit copies of every page of the tax forms, or just the W-2s?

[rebeccajo 14]

Your husband's adjustment is based upon his marriage to you. Therefore you are the sponsor and must complete an I864 which represents your household. I presume you have no dependants - if I am correct then the household size for that affidavit is 2.

Your parents (or one of them) are willing to file an affidavit for your husband. They must declare a household size on that affidavit which corresponds to the reality of the household situation and to their tax situation. In this case that means claiming you as a member of their household because they have filed their taxes in that manner, even though you do not physically live there. (Usually the immigrants spouse is not counted as a household member for the co sponsor's affidavit - only the immigrant is counted.)

Which of your parents is the primary breadwinner? In my case, it was my father. My father completed an affidavit which included my mother as a household member. She did not complete an I864A as her income was not needed to meet the poverty guidelines. I was not counted in the household size as they stopped claiming me as a dependent years ago. In your case, you would be counted, plus your husband as the immigrant.

If your parents have no other dependents, the affidavit would count each of them, you and your husband as the immigrant.

I submitted all the pages of my tax returns including all the attachments - W2's, 1099's - the whole ball of wax. It's not like the government doesn't already have copies anyway.....lol

Edited July 2, 2007 by rebeccajo

[ucla_cutie26 0]

Which of your parents is the primary breadwinner? In my case, it was my father. My father completed an affidavit which included my mother as a household member. She did not complete an I864A as her income was not needed to meet the poverty guidelines. I was not counted in the household size as they stopped claiming me as a dependent years ago. In your case, you would be counted, plus your husband as the immigrant.

If your parents have no other dependents, the affidavit would count each of them, you and your husband as the immigrant.

I submitted all the pages of my tax returns including all the attachments - W2's, 1099's - the whole ball of wax. It's not like the government doesn't already have copies anyway.....lol

rebeccajo or anyone else who may help,

I have some questions. My case is kind of similar to the OP (sorry for posting on your thread). I am filing out the I-864 for my husband's AOS and my father is filing out the I-864A since I will be using his income to qualify.

On form I-864, question 21,G I added my father as a household member because I will be combining his income with mine to qualify. I was under the impression, that you only list household members who will be contributing with thier income (not other dependents). From the I-864 form it states this, " OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here." Does this mean that we only include them if we are using their income correct? For my husband's I-864 form, I came up with 3 household members (my dad, myself, and my husband). Now I'm worried that I may be missing something about including my dad's other dependents (my mom, siblings, etc). But I don't see where we would put such other dependents on either the I-864 or the I-864A.

I'm confused now.

[rebeccajo 14]

If persons are residing in the same household, income may be combined. You do not include a parents income on your affidavit simply because you need it. If you reside in different homes, you as the primary sponsor completes an I864 and they complete another. If you reside in the same household, I864A is used by the household member willing to contribute to the income total.

Section 5 of the I864 is the calculation for household size. The use of I864A is addressed in question 21g of that section.