Understanding Form I-864 Instructions: Part 5

[T & J 0]

Hi Everyone! Forgive me if this question duplicates one on another forum. I have read the posts on forum "I-864: part 5: household size? simple math" and examined the sample form: http://www.visajourn...-Form-I-864.pdf ; however, my question is still not answered.

First of all, my husband is Canadian and arrived on a TN1 in January. I am American, and his income is our main source, as I do not make enough to sponsor him.

MY QUESTION: On form I-864 Part 5, where do I count him? Part 5 Item 1? Part 5 Item 3? or Part 5 Item 7?

The I-864 instructions say he should be counted in Part 5 Item Number 7:

"If you included the income of the intending immigrant who is your spouse (he or she would be counted on Item Number 7. of Part 5.)"

But the instructions also describe Part 5 Item Number 7 as reserved for NON-DEPENDANT family members and doesn't include spouse as part of the list:

"Item Number 7. This question gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. 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."

My husband, the immigrant, is clearly not one of these people, and moreover, as my spouse, he does not need to fill out I-864A (according to the instructions). So, is this an error in the instructions to put him in Item Number 7?

I read another forum that says to count him (my immigrant spouse) only in Part 5 Item Number 1, which falls under:

Persons you are sponsoring in this affidavit:

And in another forum, I read to leave Part 5 Item Number 1 blank-- and count my immigrant spouse in Part 5 Item Number 3 ("enter 1 for your spouse"). But that seems wrong as does counting him in Item Number 7 because both of those options fall under:

Person's NOT sponsored in this affidavit:

Please help me figure out where to put him on this form! This contradictory instruction is driving me nuts!

[florida4life 29]

you only need to add him once and you if there is no kids involve then that would be 2 for part 5 number 8

http://www.visajourney.com/examples/INS-Form-I-864.pdf

Look at the example here

Edited November 20, 2013 by florida4life

[Zedayn 485]

First of all, you won't put your husband in part 5 number 3. This doesn't apply to your case at all, this is only for sponsors that are married--in which the spouse is NOT the person being sponsored.

Part 5 number 7 is in the case where you live currently with relatives, and you will count their income as support--in which they will file an I-864A.

The best option is to put your husband in part 5 number 1: Persons you are sponsoring in this affidavit. All in all, you should have 2, you and your spouse (assuming no kids) for part 5 number 8.

If you want to use your husband's income to supplement your own income, since you are the primary sponsor, he will HAVE to fill out an I-864A. As long as you live together, and your husband can prove his income will continue after gaining permanent residency he can file it, and you can include his income.

[T & J 0]

Thanks to both of you. I looked at that .pdf before and thought I understood... until I read the I-864 instructions. The instructions must have a typo--they say to list spouse in part 5 item 7 (see quote above)-- unless I'm reading it wrong. I will take your expert advice and just enter him where it seems most logical: in item number 1.

As for form I-864A, I am under the impression that he is exempt from filling out that form as he is my spouse as indicated on page 5 of the application form:

"12. The persons listed in 6.a., 7.a., or 9.a. does not need to complete Form I-864A because he/she is the intending immigrant and has no accompanying children."

Do either of you know why this might not be valid in my situation?

Thank you again!

[TBoneTX 43,048]

*** Thread moved from Introducing Our Members forum to the CR-1 Process forum. ***

[Zedayn 485]

Thanks to both of you. I looked at that .pdf before and thought I understood... until I read the I-864 instructions. The instructions must have a typo--they say to list spouse in part 5 item 7 (see quote above)-- unless I'm reading it wrong. I will take your expert advice and just enter him where it seems most logical: in item number 1.

As for form I-864A, I am under the impression that he is exempt from filling out that form as he is my spouse as indicated on page 5 of the application form:

Do either of you know why this might not be valid in my situation?

Thank you again!

You need to put your spouse in the part where it says number of people being sponsored. As it also says in the instructions, your spouse could fit in multiple locations, however you only need to list your spouse once..don't count your spouse twice. Your spouse isn't required to file form I-864A, however if he will use his income to supplement your own then he will have to. From the I-864 instructions: http://www.uscis.gov/sites/default/files/files/form/i-864ainstr.pdf

Who May Be Considered a "Household Member" for Purposes of This Form?

For purposes of this form, a "household member" is:

• 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;

• A relative or other person whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent Federal income tax return even if that person does not live at the same residence as the sponsor;

• The intending immigrant, in certain circumstances. (See "How Can the Intending Immigrant Be Considered a Household Member"?)

How Can the Intending Immigrant Be Considered a Household Member?

Listed below are two ways that the intending immigrant may be considered to be a household member for the purposes of pooling income with the sponsor to meet the Affidavit of Support requirements:

• The intending immigrant has the same principal residence as the sponsor and the intending immigrant can establish that his or her income will continue from the same source, even after acquisition of permanent residence.

• The intending immigrant is the sponsor's spouse and the intending immigrant can show that his or her income will continue from the same source after acquisition of permanent residence.

Edited November 21, 2013 by Zedayn

[Zedayn 485]

Hmm won't let me edit....

Anyways seems I was a bit wrong in my thoughts to you so just want to offer what I think may be more helpful.

I looked at the instructions a bit closer in detail and it seems you are right, and I understand the confusion. Because you are including your spouse's income, you need to include him in part 5 item 7. It doesn't mention immigrationg spouse because, as you read later in the instructions, they are not required to file an I-864A as long as there are no dependent children. On part 6 of the form, (numbers 6.a, 6.b, 6.c) add your spouse and his income. And then you check box number 12 since he is not required to file the I-864.

My guess as to why the instructions say to put your spouse in item number 7 instead of number 1 is simply because you are using his income to supplement the I-864. If you weren't using his income, then you would just put him in item number 1. I hope this makes sense, it took me a lot of close reading to make sense of it.

[T & J 0]

My guess as to why the instructions say to put your spouse in item number 7 instead of number 1 is simply because you are using his income to supplement the I-864. If you weren't using his income, then you would just put him in item number 1. I hope this makes sense, it took me a lot of close reading to make sense of it.

THANK YOU! I don't feel insane anymore. Your guess makes sense. Also, I hadn't seen the information on "How Can the Intending Immigrant be Considered a Household Member?" ...so thanks for that. The reasoning makes perfect sense now. I'm grateful for your second glance.

[nbanik1987 0]

Hmm won't let me edit....

Anyways seems I was a bit wrong in my thoughts to you so just want to offer what I think may be more helpful.

I looked at the instructions a bit closer in detail and it seems you are right, and I understand the confusion. Because you are including your spouse's income, you need to include him in part 5 item 7. It doesn't mention immigrationg spouse because, as you read later in the instructions, they are not required to file an I-864A as long as there are no dependent children. On part 6 of the form, (numbers 6.a, 6.b, 6.c) add your spouse and his income. And then you check box number 12 since he is not required to file the I-864.

My guess as to why the instructions say to put your spouse in item number 7 instead of number 1 is simply because you are using his income to supplement the I-864. If you weren't using his income, then you would just put him in item number 1. I hope this makes sense, it took me a lot of close reading to make sense of it.

So then, doesn't it make the house hold size 3, because Item 1 of part 5 says "Enter the number you entered on line 7 of Part 3" which is 1

[NikLR 13,220]

Firstly: Are you adjusting status or are you chasing an IR1/CR1 visa?

To answer your questions:

Household size should be 2.

Immigrant and sponsor. You do not count the person twice so you write 0 for the spouse spot and 0 in the Q7 spot as well.

You do not count him in part 5, Q7

BUT

you do write him down in part 6, Q6a-c as Person 1.

He doesn't need to include an I-864a because he has no dependents. Q12 should be checked. You should provide proof of his ongoing current income.