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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion

milwaukeegirl
Hi all. Well, I've been a bit confused about whether my father should fill out an I-864A or an I-864 as a joint sponsor on my husband's behalf. I thought I'd call the embassy helpline to put my mind at rest. Yeah right! After spending £1.20 a minute, I was given a reference number and advised to email the embassy! I wonder why these people are employed to take phone calls and questions when they aren't properly trained to answer them? I now will wait 3 or 4 days for a response, which I'm assuming will be an automated response from either a computer, or someone cutting and pasting the info that's already posted on the embassy's website. Seriously, don't people emigrate all the time? Surely this shouldn't be a confusing question for anyone working for the embassy.

I will have more questions to follow concerning filling out the I-864 soon. For example, I'm ending up with too high of a number for part 5! Who comes up with these forms?

Sincerely yours,

Natalie

MargotDarko
QUOTE(missing milwaukee @ Jul 12 2007, 10:59 AM) *
Hi all. Well, I've been a bit confused about whether my father should fill out an I-864A or an I-864 as a joint sponsor on my husband's behalf. I thought I'd call the embassy helpline to put my mind at rest. Yeah right! After spending £1.20 a minute, I was given a reference number and advised to email the embassy! I wonder why these people are employed to take phone calls and questions when they aren't properly trained to answer them? I now will wait 3 or 4 days for a response, which I'm assuming will be an automated response from either a computer, or someone cutting and pasting the info that's already posted on the embassy's website. Seriously, don't people emigrate all the time? Surely this shouldn't be a confusing question for anyone working for the embassy.

I will have more questions to follow concerning filling out the I-864 soon. For example, I'm ending up with too high of a number for part 5! Who comes up with these forms?

Sincerely yours,

Natalie


My guess at why the household number is too high is that you're actually supposed to put 0 for spouse as you've already counted him as the immigrant.
elmcitymaven
QUOTE(missing milwaukee @ Jul 12 2007, 10:59 AM) *
Hi all. Well, I've been a bit confused about whether my father should fill out an I-864A or an I-864 as a joint sponsor on my husband's behalf. I thought I'd call the embassy helpline to put my mind at rest. Yeah right! After spending £1.20 a minute, I was given a reference number and advised to email the embassy! I wonder why these people are employed to take phone calls and questions when they aren't properly trained to answer them? I now will wait 3 or 4 days for a response, which I'm assuming will be an automated response from either a computer, or someone cutting and pasting the info that's already posted on the embassy's website. Seriously, don't people emigrate all the time? Surely this shouldn't be a confusing question for anyone working for the embassy.

I will have more questions to follow concerning filling out the I-864 soon. For example, I'm ending up with too high of a number for part 5! Who comes up with these forms?

Sincerely yours,

Natalie


Natalie -- the answer to your question on I-864/I-864A is fairly simple. Is your father a part of your household (if you are filing as a sole sponsor) or as part of a joint sponsor's household? If yes and you want to use his income/assets to help assist in reaching the poverty guidelines for the size of your household, he should file an I-864A. If he is the joint sponsor, he files an I-864. Any other members of his household whose income/assets he wishes to use to reach the poverty guidelines would then file an I-864A.

If you're doing a DCF, and living in the UK, it's highly unlikely that you are still counted as part of your father's household for tax purposes. It's also likely that your father is acting as a joint sponsor, as your UK income generally cannot be used on its own to sponsor your husband. So it is more than likely that your father needs to file an I-864, with other members of his household filing I-864As to meet the poverty guidelines if necessary. Does that make sense? (Any other VJers may wish to correct me on this!)
MargotDarko
QUOTE(elmcitymaven @ Jul 12 2007, 11:26 AM) *
QUOTE(missing milwaukee @ Jul 12 2007, 10:59 AM) *
Hi all. Well, I've been a bit confused about whether my father should fill out an I-864A or an I-864 as a joint sponsor on my husband's behalf. I thought I'd call the embassy helpline to put my mind at rest. Yeah right! After spending £1.20 a minute, I was given a reference number and advised to email the embassy! I wonder why these people are employed to take phone calls and questions when they aren't properly trained to answer them? I now will wait 3 or 4 days for a response, which I'm assuming will be an automated response from either a computer, or someone cutting and pasting the info that's already posted on the embassy's website. Seriously, don't people emigrate all the time? Surely this shouldn't be a confusing question for anyone working for the embassy.

I will have more questions to follow concerning filling out the I-864 soon. For example, I'm ending up with too high of a number for part 5! Who comes up with these forms?

Sincerely yours,

Natalie


Natalie -- the answer to your question on I-864/I-864A is fairly simple. Is your father a part of your household (if you are filing as a sole sponsor) or as part of a joint sponsor's household? If yes and you want to use his income/assets to help assist in reaching the poverty guidelines for the size of your household, he should file an I-864A. If he is the joint sponsor, he files an I-864. Any other members of his household whose income/assets he wishes to use to reach the poverty guidelines would then file an I-864A.

If you're doing a DCF, and living in the UK, it's highly unlikely that you are still counted as part of your father's household for tax purposes. It's also likely that your father is acting as a joint sponsor, as your UK income generally cannot be used on its own to sponsor your husband. So it is more than likely that your father needs to file an I-864, with other members of his household filing I-864As to meet the poverty guidelines if necessary. Does that make sense? (Any other VJers may wish to correct me on this!)


I agree. There's some confusion in this case because she and her husband will be living with her father when they move to America, but the forms should be filled out based on the current situation - which is that she is in the UK and her father is a joint sponsor rather than a household member. There's certainly no harm in asking the embassy as I'm basing my answer using logic rather than first-hand knowledge, and we all know where that can sometimes get you in this process!
elmcitymaven
QUOTE(MargotDarko @ Jul 12 2007, 01:05 PM) *
I agree. There's some confusion in this case because she and her husband will be living with her father when they move to America, but the forms should be filled out based on the current situation - which is that she is in the UK and her father is a joint sponsor rather than a household member. There's certainly no harm in asking the embassy as I'm basing my answer using logic rather than first-hand knowledge, and we all know where that can sometimes get you in this process!


That is exactly the situation we will be in when we first move to America (38 days from now -- whoa). I did the I-864 with $0 on the income lines, and my paltry assets in America written in the appropriate section. My mother submitted an I-864 as joint sponsor, and we didn't need to have my dad do an I-864A as her income was sufficient. My household size on the I-864 was 2 (him and me); my mom's was 3 (herself, my dad and my husband).
milwaukeegirl
Thanks for the suggestions! The more that I think about it, it does make sense that I should have my father fill out the I-864, and my mother can then fill out the I-864A. I suppose I'll wait for my email from the embassy to arrive, just in case it has some helpful info. (I'm doubting that it will!) Too bad they don't have special forms for Americans living abroad until their spouses get their visas. It would make life so much easier!

As far as part 5 on the I-864, for "c" it says, "If you are currently married, enter "1" for your spouse." So, because I already entered my spouse as the immigrant in "a", I should leave "c" zero? Seems silly to not put a "1" in "c", since I am married. But I guess not a lot of this process makes sense anyway!

So, even though my income is going to end as soon as I move to America (because I'm employed by a British company), do I still put my current individual annual income in question number 23? Or will I just put zeros for my individual income?

Thanks!
Natalie
pushbrk
QUOTE(missing milwaukee @ Jul 12 2007, 05:41 AM) *
Thanks for the suggestions! The more that I think about it, it does make sense that I should have my father fill out the I-864, and my mother can then fill out the I-864A. I suppose I'll wait for my email from the embassy to arrive, just in case it has some helpful info. (I'm doubting that it will!) Too bad they don't have special forms for Americans living abroad until their spouses get their visas. It would make life so much easier!

As far as part 5 on the I-864, for "c" it says, "If you are currently married, enter "1" for your spouse." So, because I already entered my spouse as the immigrant in "a", I should leave "c" zero? Seems silly to not put a "1" in "c", since I am married. But I guess not a lot of this process makes sense anyway!

So, even though my income is going to end as soon as I move to America (because I'm employed by a British company), do I still put my current individual annual income in question number 23? Or will I just put zeros for my individual income?

Thanks!
Natalie


It doesn't seem silly if you not the instruction not to count any person twice.
milwaukeegirl
I called the USCIS yesterday at their 800 number. The woman on the line actually knew what I was talking about when I questioned her about the I-864! According to her, I was right in having my father fill out the I-864A as a household member, since I will be living with him upon arrival in America. I wrote down the reference number that she gave me upon answering the phone. So at least if the person giving us the interview tells us that we have the wrong paper work, I can have that to back me up! I learned a valuable lesson. Don't call the embassy. Call the USCIS instead. It probably cost me less money too!
milwaukeegirl
I retract my last post! After reading more experiences online pertaining to interviews and I-864's, I'm definitely having my father fill out the I-864 as a joint sponsor. I'm not taking any chances, and I don't want to be living in England a month longer due to any possible delays! Thanks to everyone for their advice. I feel like everything is all good now. I just have to sweet talk my daddy into filling out a different form for me. (Since he sent off the I-864 to me only a few days ago! Ooops!) Better to clear up any mistakes now though. Better now than later I guess.
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