A somewhat complicated question about the I-864 and I-864A.

[spectheintro 18]

Ok, so I'm assembling my NVC packet well before it's required to try and preempt any issues I can encounter down the road, and I've got a question about how to prepare my I-864. Here's my situation:

I am a graduate student, and as a result I do not meet the minimum income requirement. Before I came to graduate school, I lived with my parents, and I plan on living with them again (along with my wife) after I graduate. So for all intents and purposes, my permanent residence has remained the same. (I am currently living in an apartment that's closer to my graduate school, but I regularly return to my domicile to visit my parents/help out around the house/do my laundry.)

So, in filing my I-864, my permanent residence is going to be my parents' house. As I mentioned earlier, I am a student and have no income, so therefore I need another sponsor. I want to use my father as a co-sponsor, because he makes more than enough to support all of us. In addition, because he is technically a member of my household, I know he needs to file an I-864A. (Please correct me at any point if I'm making incorrect assumptions.)

Now, this is where it gets complicated. My father files joint tax returns with my mother, despite the fact that my mother hasn't been employed for the past two years. So I need some clarity here.

1.) Are all of my assumptions so far correct? Is the I-864A the correct form for my father to fill out?

2.) Because my father has filed joint tax returns, does my mother need to fill an I-864A too?

3.) How do I calculate my household size? The form only asks me for members of my household whose income I am using. I am not planning on using my mother's income (because it's negligible) but because my parents file jointly, do I need to include her in the household size too? (I assume if she fills an I-864A, I will have to include her in the household size.)

If anyone could help me out with this, I would *really* appreciate it. Thanks so much for your time.

[Old Dominion 26]

The household size will be four, unless there are others dependent on your father. Your mother will not need to file, but your father will. In completing the forms, your mailing address and your household address should be the same, just to avoid complicating matters for the USCIS. That is the correct form for your father to file.

Good luck!

[trailmix 77]

Technically your Mother shouldn't have to fill anything out - however, there has recently been a few VJers who have in fact been asked for and I-864a from the person on the joint tax return - Shiri for example.

Up to you but I would have your Mother fill one out anyway, can't hurt and might save you getting an RFE or being asked for it at the interview and then having to wait while they review the file.

Edited August 9, 2009 by trailmix

[M_n_M 1]

You don't need your mother to fill out the form and the household size would include yourself, your wife and your father (unless you guys have kids from a previous marriage or something, but I don't think that's the case)...3.

About the I864A---There is a question on the form--#10. this is where your father should put his individual income (not including your mother's income)

Number 11 asks for the total income for the past three years. This is where he writes the year and the TOTAL income (his and your mother's together)

I was in this same EXACT situation and called NVC and asked about this. I also wrote next to each total income "filed jointly". Then for proof, my dad submitted a couple recent W-2's that state his INDIVIDUAL income in addition to his tax transcripts for the last 3 years. A letter from your father's employer stating his individual income would suffice as well for proof of the individual income.

Your mother does not need to fill anything out or provide any evidence of her income. My mom works as well and all I did was ask her for a couple recent paycheck stubs for the day of the interview... which I took along just in case the question came up, which it didn't.

Hope this helps!

~M

[TayRivers 4]

I file jointly with my husband. I just sponsored my parents to come to the US. I did not get my husbamd to complete the I-864A as my income is enough to cover our household size. I sent 3 years of Joint Tax Transcripts with my I-864.

My parents were not asked for a I-864A at their interview. NVC never asked for a I-864A when they reviewed the I-864 that I sent.

[trailmix 77]

Which just goes to show that each consulate and each interviewer is different. I have seen at least 2 people who have been asked to have the joint filer fill in the I-864A as well.

Now, I do not want to make people paranoid - and the guidelines state that the joint tax filer does not have to fill in the I-864A - however - I don't think we can explicitly say that the OP should not have his Mother fill one out.

If it is easy for him to get one from his Mother - why not.

Edited August 10, 2009 by trailmix

[M_n_M 1]

I asked NVC this question---so my answer is straight from them. And I believe his wife is going to have his interview at the same embassy that my husband did--and it worked for me there...yes there's nothing wrong with having his mother file one, but it doesn't make sense, his mother hasn't even been working for the past 2 years, to be named as a co-sponser when you are not working seems pointless to me. That would mean she would need to provide tax transcripts for the past 3 years, when she's only worked for 1. I don't know. I think your best bet would be to get everything filled out for yourself, and your father, and once you get to that stage in the NVC process, cause NVC and ask them, and refer to the consulate you'll be having your interview at. But i'm 99.9% sure you don't need your mother to fill and I864A out.