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nbanik1987

Error in I864 instructions!

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Hello,

I don't know if this has been discussed before. But I feel there is some contradicting info in the I864 instructions. Our situation is the following, I am the intended immigrant, my wife US citizen is the petitioner/sponsor. She is adding my income in the total household income.

The instruction says

6. Annual Household Income

This section is used to determine the sponsor's household income. 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. See Form
I-864P for reference on the Poverty Guidelines.

The first two lines make absolutely no sense! Logically, it seems I should put my name and income in item 6 and then total my and my wife's income in item 10, and also check item 12 and leave the names field blank. What do you people think?

Also this

b. 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.), evidence that his/her income will continue from the current source after obtaining lawful
permanent resident status must be provided. He/she does not need to complete Form I-864A unless he/she has
accompanying children.

Why should my wife enter me in Line number 7 part 5, when she HAS to include me in line 1 of part 5, and then count her once, and then following this instruction, enter me again in line 7, so in total there will be 3 people in the household, which is wrong! We are only 2 people.

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Could you be reading some older instructions? Be sure that the form instructions match the form version that you are using. I think that is what is confusing you.

There is a big, bold warning on the form in section 5: DO NOT COUNT ANYONE TWICE. If a petitioner is filing for a spouse beneficiary they do not mark the spouse box that appears directly after the self box. The spouse beneficiary is already accounted for as the person being sponsored.

Check your forms again. Be sure the instuctions have the same date as the form (look in the bottom footer on each page).


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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Could you be reading some older instructions? Be sure that the form instructions match the form version that you are using. I think that is what is confusing you.

There is a big, bold warning on the form in section 5: DO NOT COUNT ANYONE TWICE. If a petitioner is filing for a spouse beneficiary they do not mark the spouse box that appears directly after the self box. The spouse beneficiary is already accounted for as the person being sponsored.

Check your forms again. Be sure the instuctions have the same date as the form (look in the bottom footer on each page).

I don't think so, look here http://www.uscis.gov/i-864

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Hmm well the instructions are confusing but I dont know about contradicting...

Your wife is the sponsor. So keep that in mind. Under part 6 (the income section) It says I am etc etc employed as/earn so much etc. The "I am" refers to the sponsor- your wife- the person filling out the form.

Following the instructions person 1 is your wife and person 2 would be you (the qualifying immigrant using their own income) Totaled on line 10 and checked off on 12.

SO since you are not the sponsor you are not 6- the sponsor being your wife is 6 , you are 7. (you must show proof of your income)

As for counting size- Part 5---

DO NOT COUNT TWICE, refer to section 3 for number 1 (how many immigrants are being sponsored?) Probably 1. For number 2 - 1 (yourself) again this is referring to your wife who is filling out the form. Number 3 a spouse- (this is tricky because since you do not count twice you do not fill this out since you are already counted as the immigrant) Numbers 4-7 are self explanatory. Total it up for answer 8 and you should have 2 if its just the two of you and no children.

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Following the instructions person 1 is your wife and person 2 would be you (the qualifying immigrant using their own income) Totaled on line 10 and checked off on 12.

SO since you are not the sponsor you are not 6- the sponsor being your wife is 6 , you are 7. (you must show proof of your income)

But for line 10, am I not supposed to add all the income of line 5, 6c, 7c, doesn't that count my wife's income twice?

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-- also-- Line 7 part 5 specifically states fill out if only siblings parents or adult children using 864a (this is not you) PLUS you do not count anything twice..

Agreed! But the instruction says to put me (intended immigrant with income towards the annual household income) line 7 Part 5.

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You are not reading the same instructions that I am reading.


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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You are not reading the same instructions that I am reading.

This is what he is reading (taken from the USCIS current link- 3/23/13)

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The confusion is with picture number 1 specifically- where it states to fill out sponsors income on line 5 and then transfer it on to line 6c, and then line 10 says to add all the figures 5-7 up and enter it on line 8. It doesnt specifically state not to add anyones income twice. But you dont add twice. So if you write yourself (the sponsor in on line 6 as person 1, you wouldnt add 5+6+7 you would only add 6+7.

So your choices are to either fill yourself out on 6 and add 6+7, but the more popular option on VJ is to NOT FILL OUT yourself on 6 and leave it blank and add 5+7 (if that makes sense)

Please see this thread-

http://www.visajourney.com/forums/topic/451964-i-864-new-form-part-5-and-then-6c/

(sorry OP I shouldve searched the forums before answering you to see what others were currently doing, I havent used that form in quite a while!)

For picture number 2- where it states under B to enter the immigrant on Item 7- yes that is misleading as the form states not to count anyone twice so I dont know why they give specific instructions to enter someone there (?)

BTW this is an awful form that many have problems with so you are not alone.

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There IS an off-by-one error in the I-864 instructions, which has been there for years.

"Take your annual individual income from Item Number 5. and enter it on Item Number 6.c." is wrong because Part 6 #6 is about Person 1, and #6c is Person 1's income, not the sponsor's income (#5). #6-9 are specificially stated on the form as people other than the sponsor. Furthermore, "To determine the filing requirements for your relatives included in Part 6, Item Number 7. - 10." seems to say that the household members should be in #7-10, while they are really #6-9 on the form (#10 is the sum). It is almost as if the instructions were written for a slightly different version of the form, where the sponsor information is duplicated as an additional item before the household members.

Anyway, just ignore the incorrect numbers in the instructions.

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Fill in the info where it needs to go. Don't get hung up on or overthink the small things. I may just be "form blind" and reading over the glitch. Sponsor's info under the sponsor heading, family member (or intending immigrant) info under the Person 1 heading, then check box 11 or 12 as needed.

In Section 5 you do not count yourself as spouse because you are being sponsored and are accounted for in box 1.


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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***Hijack posts removed. Please start your own thread with your own questions.***


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)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
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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