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I am confused on Part 5, Item 7 of the form I-864 which I am completing for someone. Here is situation.

Petitioner is widowed mother who doesn’t have income, and lives with her US citizen son. US Citizen Son had good income and will be filing I-864A. There are five members in the household i.e. petitioner mother, her US Citizen Son, US citizen son’s wife (not working), and their two children.

What should go on Part 5 , Question 7 box of I-864(OPTIONAL: If you have siblings, parents, or adult children with same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here.) ?

Also, are you required to file W-2's and all schedules for current year even if you attach IRS transcripts? I read somewhere that you are required to include copies of W-2's and all schedules, ONLY IF you attach copy of tax return rather than IRS transcripts.

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hi

if she doesn't have any income then she should file an i864 and her son file another i864 as her joint sponsor since they aren't combining income

Since adult son is in same household, another I-864 is not an option. USCIS and NVC has very clear instructions on it as to that household member MUST file I-864A. Am I missing something?

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yes. Unless they're filing taxes together or one or the other claims each other on their taxes they do not need to file as household members. Two I-864s is always an option.


household for I-864 purposes is based on taxes NOT on living arrangements.


Also you send either the entire tax return OR the tax return transcript.

How this should work:

mom = I-864

Son = I-864

His wife = I-864a


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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yes. Unless they're filing taxes together or one or the other claims each other on their taxes they do not need to file as household members. Two I-864s is always an option.

household for I-864 purposes is based on taxes NOT on living arrangements.

Also you send either the entire tax return OR the tax return transcript.

How this should work:

mom = I-864

Son = I-864

His wife = I-864a

Thanks NLR, however since she(petitioner mother) has no income, she hasn't filed the tax return but she is shown as dependent on her son's tax return(who I was referring to as one who would be filing I-864A). So, I think in that case another I-864 is not an option, what do you think? Does USC's wife(who is not employed) has to file I-864A? and what would be the number for my original post(section 5, question 7).

Thanks again!

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There is still no "must" for the i-864 even though the son will be including the mom in his household count.

No the son's wife does not need to include an I-864a.

The problem is, the house hold size. His household size is actually 5, but it's impossible to show that correctly by him submitting an I-864a. I would not use the I-864a for the son because of this and the fear of accidental misrepresentation or error.


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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There is still no "must" for the i-864 even though the son will be including the mom in his household count.

No the son's wife does not need to include an I-864a.

The problem is, the house hold size. His household size is actually 5, but it's impossible to show that correctly by him submitting an I-864a. I would not use the I-864a for the son because of this and the fear of accidental misrepresentation or error.

Thanks for the reply. Son's income is way above 6 people's household, so if they put 1 in that box and CO/NVC interprets different household size, income won't be an issue. What if they put number 4 on that box and make total household size in I-864A including intending immigrant to 6. Here is what packet 4, describes the situation... thoughts?

If the additional sponsor lives in the same household as the petitioner, he/she is considered a household member, and cannot fill out a separate I-864. The household member must execute an I-864A.

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Let me get this straight though, this is a self petitioning widower. So an I-360 was used or converted to after the petitioner's death?

Because widowers do not need to submit an I-864.

Or is she petitioning for someone else?


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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Let me get this straight though, this is a self petitioning widower. So an I-360 was used or converted to after the petitioner's death?

Because widowers do not need to submit an I-864.

Or is she petitioning for someone else?

She is petitioning for her unmarried son, so she has to file I-864. She is already PR and her son is USC.

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yes she does

okay still the point is, she has no income to combine.

If you want to do it with the I-864a, I cannot help you. You can't just add family members onto the I-864 either.

Best of luck to you and I hope you get it figured out.


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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I am confused with all the people in the household, but all I can say is you don't need to fill out an i-864A for every household member, just for the ones youre using the income for like the son who makes the most money. That's it. The petitioner will fill out an i-864 because she has to even if they didn't make any money and the son will fill out an i-864A. The other ones are just used to add up the household size number which is used to determine the poverty line. I don't know if that was your initial question.

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I am confused with all the people in the household, but all I can say is you don't need to fill out an i-864A for every household member, just for the ones youre using the income for like the son who makes the most money. That's it. The petitioner will fill out an i-864 because she has to even if they didn't make any money and the son will fill out an i-864A. The other ones are just used to add up the household size number which is used to determine the poverty line. I don't know if that was your initial question.

Household:

Petitioner( is widowed mother who doesn’t have income, so doesn't file tax returns, and live with US Citizen son who claims her as a dependent on his tax return).

Total Household size = 5 (petitioner mother who has to complete I-864, her USC son, USC son's wife and their 2 children).

Question is:

What should go on Part 5 , Question 7 box of I-864(OPTIONAL: If you have siblings, parents, or adult children with same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here.) ? Should it be 1 or 4?

Also, are you required to file W-2's and all schedules for current year even if you attach IRS transcripts? I read somewhere that you are required to include copies of W-2's and all schedules, ONLY IF you attach copy of tax return rather than IRS transcripts.

Edited by sap283

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Household:

Petitioner( is widowed mother who doesn’t have income, so doesn't file tax returns, and live with US Citizen son who claims her as a dependent on his tax return).

Total Household size = 5 (petitioner mother who has to complete I-864, her USC son, USC son's wife and their 2 children).

Question is:

What should go on Part 5 , Question 7 box of I-864(OPTIONAL: If you have siblings, parents, or adult children with same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here.) ? Should it be 1 or 4?

Also, are you required to file W-2's and all schedules for current year even if you attach IRS transcripts? I read somewhere that you are required to include copies of W-2's and all schedules, ONLY IF you attach copy of tax return rather than IRS transcripts.

-The number should be one since you are using the USC son.The only person who should fill out a i-864A. If the USC son's income is not enough to reach the poverty line then use some other family member and then the number would be 2.

- If you attach the IRS transcripts the you don't need w-2's

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-The number should be one since you are using the USC son.The only person who should fill out a i-864A. If the USC son's income is not enough to reach the poverty line then use some other family member and then the number would be 2.

- If you attach the IRS transcripts the you don't need w-2's

Thank you for the reply. That's what I thought and going to put, only reason I was contemplating number 4 in that box is because USC son's income is way above poverty-line for even 6, so thought there is no harm on putting 4(USC son, his wife, and their 2 children's) in that box, that way correct household size is represented. However in either case - only USC son will submit I-864A.

Thanks,

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