[bobbie21]

I am currently on an F1 visa and I got married three months ago to a US cit. She is in college and has never worked before, and has never filed taxes. However, I work and have filed my taxes (immigrant) but not nearly enough that is required. My (the immigrant) uncle is willing to joint sponsor my application, and show for support of my wife and I. He does not reside in the same address as we do, is this a problem because he is not related to the petitioner (my wife), and is not part of the family household. Doe he still have to fill out the i864a form? or just the i864 joint sponsor part. And seeing that I have worked and filed my taxes how do I include it in the application? do i fill out a i864 by myself? Seeing that my wife really cannot support me financially, does she still have to fill out the form? she is my petitioner.

Thanks for the advice in advance this is such a tedious process to do alone.

[Jay-Kay]

I am currently on an F1 visa and I got married three months ago to a US cit. She is in college and has never worked before, and has never filed taxes. However, I work and have filed my taxes (immigrant) but not nearly enough that is required. My (the immigrant) uncle is willing to joint sponsor my application, and show for support of my wife and I. He does not reside in the same address as we do, is this a problem because he is not related to the petitioner (my wife), and is not part of the family household. Doe he still have to fill out the i864a form? or just the i864 joint sponsor part. And seeing that I have worked and filed my taxes how do I include it in the application? do i fill out a i864 by myself? Seeing that my wife really cannot support me financially, does she still have to fill out the form? she is my petitioner.

Thanks for the advice in advance this is such a tedious process to do alone.

Your wife needs to fill out her own I-864 and include a statement explaining why she was not legally required to file taxes. Her income can be zero and she still needs to fill out an I-864 since she is the primary sponsor for you. She does not need to list your income unless you want it to be used to reach the 125% requirement for your household.

Your uncle would fill out his own I-864. The I-864A is only for those residing at the same residence to combine incomes to reach the 125%.

Both your wife and the uncle provide letter from employer, most recent year's tax transcript and a few months worth of their most recent pay stubs. In the case of the wife, she would just provide her statement about being a student, not working and not having to file taxes. The uncle also needs to provide proof of being a USC or LPR.

He needs to reach the 125% level requirement for his own household size plus you, the intending immigrant. Household size is explained in the I-864 instructions. Here are the poverty level guidelines: http://www.uscis.gov...form/i-864p.pdf

[bobbie21]

Your wife needs to fill out her own I-864 and include a statement explaining why she was not legally required to file taxes. Her income can be zero and she still needs to fill out an I-864 since she is the primary sponsor for you. She does not need to list your income unless you want it to be used to reach the 125% requirement for your household.

Your uncle would fill out his own I-864. The I-864A is only for those residing at the same residence to combine incomes to reach the 125%.

Both your wife and the uncle provide letter from employer, most recent year's tax transcript and a few months worth of their most recent pay stubs. In the case of the wife, she would just provide her statement about being a student, not working and not having to file taxes. The uncle also needs to provide proof of being a USC or LPR.

He needs to reach the 125% level requirement for his own household size plus you, the intending immigrant. Household size is explained in the I-864 instructions. Here are the poverty level guidelines: http://www.uscis.gov...form/i-864p.pdf

Thank you for your help, it was very beneficial. I obtained a social security card because I work on campus at the university I attend, but do I also have to file a i765 employment authorization form along with all the other forms?

Thank you.

[Jay-Kay]

Thank you for your help, it was very beneficial. I obtained a social security card because I work on campus at the university I attend, but do I also have to file a i765 employment authorization form along with all the other forms?

Thank you.

Yes, go ahead and file for the EAD and AP based on AOS. When you file them together with the I-485 the fees are waived. The category filing code for the I-765 would be (c )( 9) for #16.

[bobbie21]

Thank you for your help, it was very beneficial. I obtained a social security card because I work on campus at the university I attend, but do I also have to file a i765 employment authorization form along with all the other forms?

Thank you.

One last question. Does my sponsor need to file my wife as a dependent? or just me? on file i864? Even though my wife and I both live in the same residence but we are full time students.

[NancyNguyen]

One last question. Does my sponsor need to file my wife as a dependent? or just me? on file i864? Even though my wife and I both live in the same residence but we are full time students.

I-864 is to cover you not your wife USC, and it is not tax return so there is no dependent here. He/she just counts you as an household.

1. Your wife signs one I-864 with no income, and explains on a cover letter that she is a full-time student with no income and has never filed tax return. I-864 choose option A for part 1.

2. Your uncle signs one I-864, and choose option D for part 1.

[Jay-Kay]

One last question. Does my sponsor need to file my wife as a dependent? or just me? on file i864? Even though my wife and I both live in the same residence but we are full time students.

If the uncle does not claim your USC wife on his taxes, then she is not his dependent. The uncle just needs to include you in his household size count for the purpose of the I-864 because he is signing he will be your sponsor and is responsible for you not becoming a public charge.

He needs to count himself, a spouse if he is married, any dependent children under 21, any other dependents claimed on his taxes, anyone else he signed an affidavit of support for in the past (if he did), and you, the intending immigrant. So for example, if he is married and has one child, claims no one else and never signed an I-864 for anyone in the past before you, then his household count would be himself, his wife, his child plus you = 4. If he is single with no other dependents, then the count is only 2, himself and you.

[bobbie21]

I-864 is to cover you not your wife USC, and it is not tax return so there is no dependent here. He/she just counts you as an household.

1. Your wife signs one I-864 with no income, and explains on a cover letter that she is a full-time student with no income and has never filed tax return. I-864 choose option A for part 1.

2. Your uncle signs one I-864, and choose option D for part 1.

My wife, petitioner, and my uncle, joint sponsor, and myself all live at the same residence. My wife and uncle has filled out two separate I864 forms. To verify, since I am the immigrant, on my uncle's I864 form, he fills out number 21, total household size is 2 - myself and himself. (my wife is not included in the consideration of the poverty level guidline) Also, does my uncle and my wife have to fill out a I864A form? or me (immigrant) and my uncle?

Thank you!

[Mike Z]

My (the immigrant) uncle is willing to joint sponsor my application, and show for support of my wife and I. He does not reside in the same address as we do, is this a problem because he is not related to the petitioner (my wife), and is not part of the family household.

My wife, petitioner, and my uncle, joint sponsor, and myself all live at the same residence.

maybe you have two uncles or i am not reading this correctly. Or bob is your uncle.
Is he at the same residence or not?

[bobbie21]

maybe you have two uncles or i am not reading this correctly. Or bob is your uncle.
Is he at the same residence or not?

Oh, Im sorry I was trying to clarify the titles of each person. Three people reside at the same address - myself (the immigrant (bob)), my wife (the petitioner), and my uncle (he is the joint sponsor). Both my uncle and my wife filled out a I864 form. My wife has never worked, however, does my uncle and wife have to fill out the form I864A?

Sorry for the confusion.

[Jay-Kay]

Oh, Im sorry I was trying to clarify the titles of each person. Three people reside at the same address - myself (the immigrant (bob)), my wife (the petitioner), and my uncle (he is the joint sponsor). Both my uncle and my wife filled out a I864 form. My wife has never worked, however, does my uncle and wife have to fill out the form I864A?

Sorry for the confusion.

No, your wife and the uncle filled out the correct forms. The I-864A is used to combine incomes of family members that share the same residence. However, the uncle does not even qualify to fill out an I-864A. The instructions state "A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling." The uncle is none of those, so, wife and uncle both fill out an I-864 each.

Does the uncle claim your wife on his taxes? If he does, then he needs to include her in his household count, uncle, wife, you = 3. If the uncle does not claim your wife on his taxes, then his household count is himself and you = 2. Your wife's household count is also 2, herself and you.

[Mishaal]

Does the Joint Sponsor have to be a relative? (like an uncle mentioned above)
Or can it be a friend?

[engineer21]

Does the Joint Sponsor have to be a relative? (like an uncle mentioned above)
Or can it be a friend?

No, joint sponsor does not have to be a relative

[Miss_G79]

Hello. I the USC, am filing for my husband. We received a RFE last week and I am confused. I am in Bobby's situation (I am the petitioner). I have never worked or filed taxes (full time student). My husband is not working and is waiting for his EAD. My father is the only joint sponsor. My father and I both filled out the I-864. Was I just supposed to fill out I864 and my father form I864A?

[ceadsearc]

What exactly did the RFE say? You were both supposed to fill out the I-864. Did you include a statement about why you didn't file taxes?