Another Fun I-864 Question!

[DerZinker 4]

Ok, I've been able to sort most of this out myself and by going through the other bizillon I-864 questions that get posted everyday, but am hung up on something here. Basic situation is that we will be living with my folks when we arrive in the US. I make enough to sponser, but half of my income is currently foreign, which they'd probably have questions about, so I plan to have my dad co-sponser another I-864 (NOT the I-864A, even though we'd be under the same roof. I think another I-864 is a safer bet just to be sure we're covered). So far so good, right?

Where I'm second guessing myself (like many before me) is on good 'ol page 3 of the I-864. My wife and I have 2 children, so the total household size would be 4 (even though we'd be living with my parents), yes? But then on my dads I-864, would the total household size just be 3 (For my father, my mother and my wife - the intending immigrant) ? Even though there would be 6 people total living under the same roof ?

Edited October 5, 2011 by DerZinker

[JoeVisa 1]

But then on my dads I-864, would the total household size just be 3 (For my father, my mother and my wife - the intending immigrant) ?

Correct. Total household size = 3. (As line 21 a. = 1 + 21 b. = 1 and + 21 c. = 1)

21 d. = 0 (Your Dad does not have dependent children per your post)

21 e. = 0 (Your Dad does not have any other dependents per your post)

This is basically calculated from the Income Tax return form from 2010 and your Dad did not report you guys as being his dependents on his Federal income tax return last year so, it should be zero!

[Allegra+Hadrien 2]

Why did you choose just i-864 and not i-864a? My dad is also the co-sponsor and we live under the same roof - I have just sent out the file so I am PARANOID I did the wrong thing...lol. :wacko: :wacko:

Edited October 5, 2011 by Allegra+Hadrien

[Penguin_ie 5,993]

Yep, all sounds correct.

[Navyk 78]

Ok, I've been able to sort most of this out myself and by going through the other bizillon I-864 questions that get posted everyday, but am hung up on something here. Basic situation is that we will be living with my folks when we arrive in the US. I make enough to sponser, but half of my income is currently foreign, which they'd probably have questions about, so I plan to have my dad co-sponser another I-864 (NOT the I-864A, even though we'd be under the same roof. I think another I-864 is a safer bet just to be sure we're covered). So far so good, right?

Where I'm second guessing myself (like many before me) is on good 'ol page 3 of the I-864. My wife and I have 2 children, so the total household size would be 4 (even though we'd be living with my parents), yes? But then on my dads I-864, would the total household size just be 3 (For my father, my mother and my wife - the intending immigrant) ? Even though there would be 6 people total living under the same roof ?

You are good with your numbers. Go for I-864 for your Dad.

[DerZinker 4]

Thank you all so much for your responses, everyone. I really appreciate your input and it is very re-assuring that everyone agrees with my assumptions. I will take a look at my dads tax returns just to be extra sure, but I think I'm pretty much set with the I-864. I haven't even filed yet, but I want to be as ready to go as possible for when the time comes and of course help out other VJers with questions in the meantime

Why did you choose just i-864 and not i-864a? My dad is also the co-sponsor and we live under the same roof - I have just sent out the file so I am PARANOID I did the wrong thing...lol. :wacko: :wacko:

Allegra+Hadrien don't worry I'm sure the I-864A is also a fine choice and would work well in my case too. To be completely honest, I'm not 100% sure why one would choose one form over the other, but after doing a lot of homework here on VJ, I determined that since a large portion of my income is foreign income going back several years, that it would make a stronger case to have my co-sponser file an I-864. If you are already currently living with your parents then you probably made the right choice

[Navyk 78]

Thank you all so much for your responses, everyone. I really appreciate your input and it is very re-assuring that everyone agrees with my assumptions. I will take a look at my dads tax returns just to be extra sure, but I think I'm pretty much set with the I-864. I haven't even filed yet, but I want to be as ready to go as possible for when the time comes and of course help out other VJers with questions in the meantime

Allegra+Hadrien don't worry I'm sure the I-864A is also a fine choice and would work well in my case too. To be completely honest, I'm not 100% sure why one would choose one form over the other, but after doing a lot of homework here on VJ, I determined that since a large portion of my income is foreign income going back several years, that it would make a stronger case to have my co-sponser file an I-864. If you are already currently living with your parents then you probably made the right choice

Don't get me wrong - I-864A also works fine but NVC will then require a proof of relationship between the petitioner and the joint sponsor and I have seen case where people struggled to get birth certificates of the joint-sponsor...... And I-864 is like the form that can be used in any situation without issues (of course based on experience of others at VJ).

[pushbrk 12,898]

When the household member sponsor is the head of household the I-864, treating it as if two household's live at the same address is more correct. This is BECAUSE it's the only way to accurately disclose that person's correct household size. Only use the I-864a when there is a need to combine income to qualify or when the qualified sponsor files a joint tax return with an income producing spouse, or is self employed.

[JosephandKata 0]

Since your question has been answered already, I just wanted to send out my congrats on beginning your case again. I wish you the best.

[Alia&Jerald 5]

Ok now I am confused. My mother and I live in the same household but she did not have any dependents last year, neither did I. I was thinking of filling out form I-864A as description for it is Income from any relatives or dependents living in your household or dependents listed on your most recent Federal tax return who signed a Form I-864A. On my I-864 my total household size would be 3 since the I-864 instructions states within household information: Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these family members in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this form. To be considered, any relative indicated in this category must sign and submit Form I-864A.

Is this all correct?

[pushbrk 12,898]

Ok now I am confused. My mother and I live in the same household but she did not have any dependents last year, neither did I. I was thinking of filling out form I-864A as description for it is Income from any relatives or dependents living in your household or dependents listed on your most recent Federal tax return who signed a Form I-864A. On my I-864 my total household size would be 3 since the I-864 instructions states within household information: Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these family members in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this form. To be considered, any relative indicated in this category must sign and submit Form I-864A.

Is this all correct?

House and household are not synonyms. You and your mother live in the same house but not necessarily part of the same household. The key her is the part of your post I've made bigger above. If you and your mother need to combine your income to qualify, meaning her income is less than enough for a household of two (her and your spouse) then use the I-864a. Otherwise, I-864 for you and I-864 for the joint sponsor, even IF you live at the same address.

[Navyk 78]

Ok now I am confused. My mother and I live in the same household but she did not have any dependents last year, neither did I. I was thinking of filling out form I-864A as description for it is Income from any relatives or dependents living in your household or dependents listed on your most recent Federal tax return who signed a Form I-864A. On my I-864 my total household size would be 3 since the I-864 instructions states within household information: Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these family members in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this form. To be considered, any relative indicated in this category must sign and submit Form I-864A.

Is this all correct?

It is best to start your own thread.

Don't complicate your case just because you are all living at one address. First work on your I-864 with just you and your wife.

Then work on your mother's I-864 and if her income is suffucient to cover herself, your wife (children, if any), then don't bother about others (you mentioned that she did not have any dependents on her 2010 federal tax return). Is her income sufficnet to cover two?

Edited October 10, 2011 by NavyK

[StephanieM 60]

Don't get me wrong - I-864A also works fine but NVC will then require a proof of relationship between the petitioner and the joint sponsor and I have seen case where people struggled to get birth certificates of the joint-sponsor...... And I-864 is like the form that can be used in any situation without issues (of course based on experience of others at VJ).

Huh? Sorry to but in (CURIOUS), but I am going to use my mother as my joint sponsor and she will file the I-864, AND will have my father fill out I-864A to be on the safe side. Does this mean I will need each of my parents' birth certificates?

[pushbrk 12,898]

Huh? Sorry to but in (CURIOUS), but I am going to use my mother as my joint sponsor and she will file the I-864, AND will have my father fill out I-864A to be on the safe side. Does this mean I will need each of my parents' birth certificates?

You'll need evidence of US Citizenship or LPR status for each. A copy of the passport data page or copy of certified copy of birth certificate will do. For LPR, a copy of the green card.

[Alia&Jerald 5]

House and household are not synonyms. You and your mother live in the same house but not necessarily part of the same household. The key her is the part of your post I've made bigger above. If you and your mother need to combine your income to qualify, meaning her income is less than enough for a household of two (her and your spouse) then use the I-864a. Otherwise, I-864 for you and I-864 for the joint sponsor, even IF you live at the same address.

So I would be putting for each i864 for the household size 2- since my mother would qualify for the 125% over poverty guidelines- correct?