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question regarding i 864 and i864a

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Hello,

I am applying for my husband who lives in the uae. I have not been employed since may 2013 and have always been shown as a dependent on my parents' tax returns. on form i 864, part 6 item 13a, i will write 0 for my 2014 income. but for items 13b and 13 c, should i write down my income from the w2 forms and attach them or should i do something else. it says to write down your income from you tax return but i have never had to ever file taxes because i am a parent dependent.

my second question is about the i864a which my parents will be filling. now my parents file joint tax returns but are filling the forms separately so in part 11, should they write down the totals from their separate w2 forms and attach copies of the w2 forms along with the tax return transcript? or should they just report their combined total which is mentioned on their tax returns? and similarly for item 10, should they use their combined incomes from the tax return or should they use the the income mentioned on their w2?

my forms were not approve and i was sent a checklist back saying that my income needed to match what i had on my tax return, even though i attached a note saying that i am a parent dependent. strangely, only my mother's i864a was not approved saying that her income did not match that shown on her tax return but my father's was not (they had reported their separate incomes from the w2 forms and attached copies of it along with the tax return transcript) i have tried emailing the nvc my questions but by the time they got to it, my husband's case had moved to abu dhabi embassy and was told to ask them my questions now, but they are of no help. my husband now has to take the corrected forms to the embassy on his interview.

can someone please give me an idea of what to do?

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hi

if you are using both parents income, then one of the will file the i864 as joint sponsor and the spouse will fill out the i864A because they are combining income

for you, wherever they request income, you write $0 and attach a letter explaining why you weren't required to file taxes

your father writes his income on his i864 and then there is a part where he will add his wife's income and the sum must match the w2s

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Thank you so much for replying! Can i just clarify what you wrote? So my i 864 will have zeros for all the years and then my dad will fill out an i 864 as a joint sponsor and my mom will fill out an i 864a along with him? Why can they both not fill an i864a since we all live in the same house?

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hi

no, there cannot be two i864A, the both aren't combining income with you, they are combining income between themselves as husband and wife

one i864A is always combined with one i864

so you file an i864 as the primary sponsor, your father will file an i864 as your joint sponsor, and he is combining income with his wife, which will file an i864A

it is always a contract between the sponsor and household member, or the joint sponsor and the household member, two people sign the i864A, not 3

if you had income, and you wanted to combine income with your father or your mother, not both, you would file the i864 as primary sponsor and one of them would file the i864A as your household member

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A few last questions, sorry to bug you so much! Now when i count my household size on i864, i will include myself, my husband and my baby and i can leave item 7 about having parents who will combine income and submit i864a. The household size will be 3. Then when my dad counts his household size on his i864, he will count my husband, my mom, me and my 3 siblings and my baby? My baby was also listed as a dependent on their joint tax returns. This makes the household size 8 on his form. Correct? And would they need to submit anything other than transcripts and w2

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A few last questions, sorry to bug you so much! Now when i count my household size on i864, i will include myself, my husband and my baby and i can leave item 7 about having parents who will combine income and submit i864a. The household size will be 3. Then when my dad counts his household size on his i864, he will count my husband, my mom, me and my 3 siblings and my baby? My baby was also listed as a dependent on their joint tax returns. This makes the household size 8 on his form. Correct? And would they need to submit anything other than transcripts and w2

yes the household count is correct,

He does not need the W2 with the tax transcripts unless your mother was choosing not to combine her income with his. If she is submitting an I-864a then they both need proof of LPR or USC status and proof of ongoing current income or assets (which cannot be a primary home or car.)


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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And they will still list their individual incomes from w2 where it asks them to write the income from tax returns for the three years?

In part 6, Q5 on the I-864 your father will list his individual income but in part 6 13a1-13c1 he will list the HOUSEHOLD income if your mother is also completing an I-864a.

Also if any of your siblings are working they can also complete an I-864a because they are household members of your father, and on taxes he counts their incomes by claiming them as dependents (as he did for you.)


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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My mother will be combining her income with my dad so now my dad will list the income on their tax return in items 13a to c. Will the same thing apply to the i 864a that my mom will fill? That its, will she write her income from w2 in item 10 and the total combined income from joint tax return in item 11? They can send their nautralization certificate for proof of citizenship. For proof of employment, how many months pay stubs is good? I asked them to send pay stubs for nov dec jan and feb... The interview is at the end of March. Are those enough? They do mention the year to date income on them.

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Yes that's fine for paystubs.

I-864a - yes your mother writes her individual income in 10 and family income as per the tax transcript in 11

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Can i ask you another question. When my dad fills out tge i864, does he check "i am the only joint sponsor" or i am first of two joint sponsor, if my mom is filling the i864a with him. Is she considered a joint sponsor?

He ticks the "I am the only joint sponsor" box. Your mom is not considered a joint sponsor, only a household member of the joint sponsor.


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