Part 4 and Part 6 of Form I-864. Questions

[ditwar 1]

Hello everyone

I am filling the papers related to apply for a green card for my husband. We'll apply the IR-1 / CR-1 visa in the consulate in Frankfurt.

I must file Form I-864 only for my husband because neither of us have children. Household size just 2, my husband and me.

I started filling out the form I-864 because I have no income and need a joint sponsor. A friend of mine who is a professor and lives in the United States is willing to be our joint sponsor. Because he is a very busy person and he must gather a few documents with this form, I want to send him everything with enough time and I want to make his work as easy as possible.

But before I send all the instructions, I need to clarify some doubts.

On the instructions of Part 4 item 11a-11c, they mention some documents that the person has to provide:

Proof of permanent resident status includes a photocopy of both sides of the "green card," Form I-551, Alien

Registration Receipt Card/Permanent Resident Card; or a photocopy of an unexpired temporary I-551 stamp in either a

foreign passport or a DHS Form I-94, Arrival/Departure Document.

Would it be enough with only one of the documents referred or must he provide all the documents mentioned?

Part 6 Item 5 What quantity should be written? Can I put the Gross Income amount from my last tax return? In the case of my joint sponsor, apart from his tax return, would be enough to provide his pay statement or check stub?

In item 6 I am confused. As I understand, this section should include any member of my household who is willing to help with their income, including the potential immigrant, if his income can still be used after immigrating and if those revenues come from the same source. (In short words to write in 6a and 6b that family member information and his/her income in 6c.) This is not the case of my husband, because his income does not continue after immigrate to USA. But in the instructions of Form I-864 we read that:

“Take your annual individual income from Item

Number 5. and enter it on Item Number 6.c. If this amount is greater than 125 percent (or 100 percent if you are on

active duty in the U.S. military and sponsoring your spouse or child) of the Federal Poverty Guidelines for your

household size from Part 5., Item Number 8., you do not need to include any household member's income.”

Can someone tell me what is the correct way to fill it or (as I sense) I leave this part blank and just enter my individual income in item 5 and 10.

In Item 12 and only as confirmation. It should be checked if the income of the immigrant can be used for the I-864?

Item 13. Tax return. I still have no IRS transcription of my last tax return, because I mailed it last month. If I don't have the form w2, would be enough to provide a copy of my 2014 tax return? (with all its documents, including 1040)

I saw that some people include a cover letter with the whole I-864 package, we will do everything via DCF, would be necessary for us to make this cover letter?

Thanks for your answers

P.D I-864 instruccions http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Form I-864 http://www.uscis.gov/sites/default/files/files/form/i-864.pdf

[ditwar 1]

Can anyone help me with my questions?

[KayDeeCee 4,891]

Hello everyone

I am filling the papers related to apply for a green card for my husband. We'll apply the IR-1 / CR-1 visa in the consulate in Frankfurt.

I must file Form I-864 only for my husband because neither of us have children. Household size just 2, my husband and me.

I started filling out the form I-864 because I have no income and need a joint sponsor. A friend of mine who is a professor and lives in the United States is willing to be our joint sponsor. Because he is a very busy person and he must gather a few documents with this form, I want to send him everything with enough time and I want to make his work as easy as possible.

But before I send all the instructions, I need to clarify some doubts.

On the instructions of Part 4 item 11a-11c, they mention some documents that the person has to provide:

Proof of permanent resident status includes a photocopy of both sides of the "green card," Form I-551, Alien

Registration Receipt Card/Permanent Resident Card; or a photocopy of an unexpired temporary I-551 stamp in either a

foreign passport or a DHS Form I-94, Arrival/Departure Document.

Would it be enough with only one of the documents referred or must he provide all the documents mentioned? Only one type of proof is needed.

Part 6 Item 5 What quantity should be written? Can I put the Gross Income amount from my last tax return? In the case of my joint sponsor, apart from his tax return, would be enough to provide his pay statement or check stub? Current annual income. If self-employed, then list the amount from line 22 of your most recent 1040 form. If an employee, the list how much you currently earn, yearly salary amount, or hourly rate, times hours worked per week, then weekly amount multiplied by 52. Supply a letter from employer and/or recent pay stubs to prove that amount.

In item 6 I am confused. As I understand, this section should include any member of my household who is willing to help with their income, including the potential immigrant, if his income can still be used after immigrating and if those revenues come from the same source. (In short words to write in 6a and 6b that family member information and his/her income in 6c.) This is not the case of my husband, because his income does not continue after immigrate to USA. But in the instructions of Form I-864 we read that:

“Take your annual individual income from Item

Number 5. and enter it on Item Number 6.c. If this amount is greater than 125 percent (or 100 percent if you are on

active duty in the U.S. military and sponsoring your spouse or child) of the Federal Poverty Guidelines for your

household size from Part 5., Item Number 8., you do not need to include any household member's income.”

Can someone tell me what is the correct way to fill it or (as I sense) I leave this part blank and just enter my individual income in item 5 and 10.

Those instructions are incorrect, so ignore that. They made a mistake in the instructions last time they updated the form and they have never fixed it. You leave those parts blank, since you are not using income from anyone else.

In Item 12 and only as confirmation. It should be checked if the income of the immigrant can be used for the I-864? You will not check #11 or 12, since you are not using income from anyone else.

Item 13. Tax return. I still have no IRS transcription of my last tax return, because I mailed it last month. If I don't have the form w2, would be enough to provide a copy of my 2014 tax return? (with all its documents, including 1040)

You need a complete copy of the most recent return with all forms, schedules, W-2s and/or 1099s, or an IRS tax return transcript. Do not send a partial incomplete return. Wait to get the IRS transcript if you have no W-2 to provide.

I saw that some people include a cover letter with the whole I-864 package, we will do everything via DCF, would be necessary for us to make this cover letter?

Thanks for your answers

P.D I-864 instruccions http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Form I-864 http://www.uscis.gov/sites/default/files/files/form/i-864.pdf

You are not filing for adjustment of status within the US, so I am moving your post to the correct forum for DCF.

~ Moved from AOS from Family Based Visas to Direct Consular Filing ~

[ditwar 1]

Thank you KayDeeCee for your answers.