Affidavit of Support Confusion - CR1, DCF Delhi

[enkay18 0]

My Wife filed an I-130 for me at the Delhi Embassy, they accepted our application and gave me packet 3.5.

For the Affidavit of support, My wife is filling an I-864 for me along with her father who is filling an I-864A.

We have a few questions though :

1) Does my wife also needs to fill an I-134 ?

2) For the I-864 and I-864A we are including photocopies of W2s and 1099 from the last year. Photocopies are fine or do we need to submit the original W2s and 1099s?

3) Will the last year tax returns be sufficient or is it really required to have last 3 years? The last year ones are way over the 125% poverty guidlines.

[Mononoke28 134]

1) Does my wife also needs to fill an I-134 ?

No, form I-134 is only needed for K1 and K3 visas, you're going for a CR1/IR1 visa.

2) For the I-864 and I-864A we are including photocopies of W2s and 1099 from the last year. Photocopies are fine or do we need to submit the original W2s and 1099s?

Only include photocopies, never give them the original tax documents.

3) Will the last year tax returns be sufficient or is it really required to have last 3 years? The last year ones are way over the 125% poverty guidlines.

They only request that you give them last year's return, but most of us have given them photocopies of returns filed in the last 3 years just in case. If you do have them, it wouldn't hurt to make copies of them. If not, then last year's return and W2 will be fine.

Diana

[MargotDarko 0]

Does your wife currently live in the same house as her father or is she still living with you in India? If your wife is living with you still, her father needs to fill out the I-864 as the joint sponsor not the I-864A. If she has moved back to the US already and is living with her father, than you're correct to have the I-864A from him.

[enkay18 0]

My Wife is living with me in India since May 2008, but once we move back all 4 of us (Me and my wife and her mom and dad ) will live in the same household to start with. Her parent's house in the US is what we have used as our permanent address for the forms, so we figured I-864A needs to be used. Are you absolutely sure??

[trailmix 77]

My Wife is living with me in India since May 2008, but once we move back all 4 of us (Me and my wife and her mom and dad ) will live in the same household to start with. Her parent's house in the US is what we have used as our permanent address for the forms, so we figured I-864A needs to be used. Are you absolutely sure??

Margot is correct. In fact, the title of the I-864A is:

I-864A, Contract Between Sponsor and Household Member

Your wife is not their household member, she doesn't live with them and I assume she was not claimed as a dependant on their last tax return - therefore they fill out the I-864. I guess if you wanted to stretch the meaning of the words 'principal residence' - she could consider herself a member of their household, since you are using it as your 'permanent' address, however, in my opinion, I don't think that is how it is meant to be used.

If you look at the instructions for the I-864A you will see:

Who May Be Considered a "Household Member" for Purposes of This Form?

For purposes of this form, a "household member" is:

A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;

A relative or other person whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent Federal income tax return even if that person does not live at the same residence as the sponsor;

The intending immigrant, in certain circumstances. (See""How Can the Intending Immigrant Be Considered a Household Member"?)

Edited December 16, 2008 by trailmix

[enkay18 0]

However, before May 2008 she was living with her dad in the same household. That's her permanent address in the US.

I'm all confused now I-864 or I-864A

[MargotDarko 0]

Her father definitely needs to fill out the I-864 as the joint sponsor. The past situation, her permanent address, and the future situation do not matter. The I-864A is only for someone currently residing under the same roof as the sponsor. I am absolutely sure.

[kaffy 2]

I agree with what has been said above.

I-864 from your wife and I-864 from her father

that's the way we filed ours (I-864 from my husband, I-864 from his father and I-864A from his mother)

Edited December 17, 2008 by kaffy

[enkay18 0]

Ok guys, I'll take your word for it :-)

So for the address on the I-864 from my wife, for her mailing address and place of Residence I should give our India address or her US address?

[kaffy 2]

mailing address - US address

place of residence - Indian address

[enkay18 0]

Okay, thanks for your quick reply.

One more question...on the I-864 question

8. I am sponsoring the principal immigrant named in Part 2 above.

Yes NO (Applicable only in cases with two joint sponsors)

This should be YES in both my wife's I-864 and her dad's 864? Or should it be yes in one and no in the other ?

[enkay18 0]

Another question, now that we are going to be haveing two I-864s...what will be the household size in my wife's I864 and her dad's i864 ?

Currently my wife and I stay together in India.

In the US, her father and mother stay together.

the I864 asks for

Enter the number of immigrants : 1 (in my case)

Persons not sponsored in this affidavit :

Yourself : 1

If you are currently married, enter "1" for your spouse : So will it be 1 or 0 in my wife's I864? since she already counted me above. In her dad's I-864 it will be 1 for his wife. Is that correct?

If you have dependent children, enter the number here : this should be 0 or 1 in my wife's father's I-864? Should he count my wife or not?

OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their incomewith yours by submitting Form I-864A, enter the number here. This will be zero in both the I864s rite?

[MargotDarko 0]

Question 8 is "Yes" on both. The household size on hers is 2 and the household size on his is 3 assuming they have no dependents. Your wife includes only herself and you, and her father includes only himself, his wife, and you.

When I was living in Oxford, England filling out the I-1864, my US mailing address did not appear anywhere on my I-864. I just wrote USA in the question about domicile. I put my English address for mailing address and wrote "Same as above" for place of residence, because that was true. But presumably it does not truly matter since that is not the way kaffy did it.

[enkay18 0]

Thanks MargotDarko, I'll do that.

If we put India address as the mailing address and place of residence, then how do we proove the domicile as USA? Did you attach additional documents to prove your domicile as USA instead of england ?

[trailmix 77]

Thanks MargotDarko, I'll do that.

If we put India address as the mailing address and place of residence, then how do we proove the domicile as USA? Did you attach additional documents to prove your domicile as USA instead of england ?

I think I filled out our addresses the same way Margot did - at the same time stating U.S.A. to the domicile question.

You absolutely will require further documentation to prove domicile. The mailing/place of residence addresses are not that important, backing up your claim to U.S. domicile is a completely separate issue. This thread may help:

Proving U.S. domicile - even if you have never lived in the U.S.

Edited December 18, 2008 by trailmix