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Flyinghigh72

Clarity regarding i864

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Hi there, quick question that hopefully you guys can answer. I did some searching but couldn't find anything that exactly answers the questions I had and I didn't want to hijack someone else's thread.

I filed an i130 as dcf in Delhi in early may. I got the email from Mumbai saying that they got the application and I can proceed further with medicals and pcc. I just have a bit of confusion regarding the i864 and i864a. I'll explain my situation and hopefully someone can clear it up.

I am currently living in India after finishing medical school and am married. I am a us citizen and currently don't have a job. My parents file taxes in the US with me as a dependant. My wife has financials with over 200k in her bank accounts not accounting for other assets.

My dad doesn't want to get involved in this procedure so it would only be my mom signing documents of support. She makes 40k a year and we would be a total family of 4, my parents, me and my wife. We would all be living together. My parents file a joint return with me as a dependent.

Do I fill out the i864 and mom fills out the i864a? Where it says property owned, would mom declare half the value of the house that my parents own? What about their joint bank account? Thanks for any assistance you guys can provide.

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Your wife has cash / assets worth $200K? How much is / can be US based? If she has enough in the US then that is what you can use. It will be simpler. If not, then mom needs to do an I-864 with you having zero income. She can't offer up the house without your dad's agreement/participation.

You as petitioner always submit an I-864 regardless of income.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Moved from IR-1/CR-1 Process & Procedures to DCF Discussion.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
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September 10, 2011: Emailed AOS package
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September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Your wife has cash / assets worth $200K? How much is / can be US based? If she has enough in the US then that is what you can use. It will be simpler. If not, then mom needs to do an I-864 with you having zero income. She can't offer up the house without your dad's agreement/participation.

You as petitioner always submit an I-864 regardless of income.

Thanks for the quick reply. All cash and assets are not in the US, they're in India and she doesn't file tax returns in the US. We will be submitting statements from our accountant who will state how much money there is, where it is, and the breakup of it along with her indian tax returns for the past 3 years. So from what i'm understanding here, this is what I need to do.

-I fill out a i864

-mom fills out a i-864

-nobody fills out a i-864a because the other sponsor is already filling out a i864

mom would:

Part 1: -select question 1d- I am the only joint sponsor

Mom and I:

Part 3: -question 1, i am sponsoring principal immigrant

Part 7: List wife's assets

Am I getting something wrong here? Thanks so much for the help.

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If her money and assets are outside the US is doesn't matter. Can't be considered. If she can move at least $60K in cash (for a household of 2) to a US account then that would be enough to satisfy the requirement. A trail showing how long she has held the money, etc. would be needed. They want to be sure it is not just a loan from somewhere plopped into an account to meet the need. US courts can't seize or force the sale of assets outside of the country if the 864 needs to be enforced,, that is why foreign accounts aren't accepted.

Mom would need to show income and assets that meet her household plus 1. Jointly held assets (house for example) would need an 864A from dad. Your wife's accounts are not a part of mom's 864.

If your wife is self sponsoring she does an I-864.

Edited by Anh map

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Sorry for bringing up this old thread again. I just got very caught up that I literally had no time to reply. I'll write a timeline when I get a chance to. Thanks to everyone who's replied so far. I had a few questions regarding the same so hopefully we can clear that up now.

I was under the impression that foreign assets that are liquid or can be made liquid within a year is taken into consideration when filling out the i864 for the intending immigrant. In that case, I would fill out the i864 with her financial assets listed and mom would fill out the i864a.

I also was curious about:

1. Under Part 4 of the I-864 (Information on the Sponsor), As I did my

medical education in India and am currently in India, I would write my

mailing address as my indian address but my place of residence as my

address in New York?

2. Under Part 5 (Sponsor's Household Size): I will enter 1 for the person I

am sponsoring, 1 for myself, 0 for my spouse as she is already counted in

the first question. I have a question regarding question 7 in part 5. If

you have siblings, parents, or adult children with the same principal

residence who are combining their income with yours by submitting form

I-864a. Do I enter 1 or 2. I have both my father and mother in the house,

but only my mother is filing the I-864a and she is only listing her income

out of the joint tax return.

3. Under Part 6 (Sponsor's Income and Employment): My parents file a joint

tax return under which I am listed as a dependent. I do not file an

individual tax return. Do I select the box under question 13 where it asks

about federal tax returns? I do have a copy of my parents tax returns for

the past 3 years in which I am listed as a dependent.

4. My last question is regarding the instruction guide for I-864, on page 6

of 13, part b on the top, it says, "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" <--------- Item 7 of part 5 only talks about siblings,

parents, or adult children. Should I disregard this information? Also, my

wife's income comes from her family business, how does she prove that it

will continue after obtaining lawful permanent status?

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Didn't know I could quote myself but I don't see an edit option. I ended up calling USCIS to sort out my confusion and I'll list the answers that I got. Hopefully, it'll help someone else out:

1. Under Part 4 of the I-864 (Information on the Sponsor), As I did my

medical education in India and am currently in India, I would write my

mailing address as my indian address but my place of residence as my

address in New York?

------------> Mailing Address is in India. Residence is where you maintain residence, such as my case, New York, as I maintain mailing and etc...

2. Under Part 5 (Sponsor's Household Size): I will enter 1 for the person I

am sponsoring, 1 for myself, 0 for my spouse as she is already counted in

the first question. I have a question regarding question 7 in part 5. If

you have siblings, parents, or adult children with the same principal

residence who are combining their income with yours by submitting form

I-864a. Do I enter 1 or 2. I have both my father and mother in the house,

but only my mother is filing the I-864a and she is only listing her income

out of the joint tax return.

-------------> I would enter 3 for this. Only people that are involved in the form is to be counted.

3. Under Part 6 (Sponsor's Income and Employment): My parents file a joint

tax return under which I am listed as a dependent. I do not file an

individual tax return. Do I select the box under question 13 where it asks

about federal tax returns? I do have a copy of my parents tax returns for

the past 3 years in which I am listed as a dependent.

-------------> I don't select anything as I have not filed anything on my own. As I have no income, I don't file. I can attach a letter explaining the same.

4. My last question is regarding the instruction guide for I-864, on page 6

of 13, part b on the top, it says, "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" <--------- Item 7 of part 5 only talks about siblings,

parents, or adult children. Should I disregard this information? Also, my

wife's income comes from her family business, how does she prove that it

will continue after obtaining lawful permanent status?

-------------> Disregard the same

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