I-864: Joint Sponsor or Household member?

[andrex 0]

Hello,

Petitioner: Permanent resident. Sponsoring to bring unmmarried children (2, each under a different NVC case) under 21. AOS and IV fees have been paid (ready to submit I-864 package). Income too low (basically none) to file taxes. Hence, there is a requirement to add a Joint Sponsor or Household member to I-864 package for income requirements. Petitioner's "main" US residence is the same as that of Household member/Joint Sponsor (for personal reasons, Petitioner has been flying abroad for extended periods of time, while maintaining permanent residence status).

Joint Sponsor or Household Member: Adult Child (married) of the Petitioner. Sole annual income of the joint sponsor is sufficient to meet income requirements (per I-864P). Taxes of Joint Sponsor/Household member are filed jointly with spouse.

General Questions:

1. What is considered the petitioner's residence? as explained above, Petitioner has been flying abroad for extended periods of time, while maintaining permanent residence status. Can the Petitioner (permanent resident) file and I-864 listing the abroad residence? or must it be a US residence?. Petitioner's "main" US residence is the same as that of Household member/Joint Sponsor.

Filing options:

1. File I-864 as Petitioner and Household member. Petitioner $0 income, and Household member all required income. Issue with this:

- Considering the absences from US of the Petitioner, are both Petitioner and Household member considered to be in the same household?

- Household member is married with depedents of their own, however, nowhere do I see in I-864 or I-864A where to count these persons. They are not per say part of the Petitioner's household, but they are part of the Household member household.

- Taxes of household member are field jointly with spouse, but spouse's income is not be used for qualifying. Does spouse need to submit anything?

2. Petitioner: file I-864 with $0 income, and Joint Sponsor:file another I-864 as joint sponsor.

- This allows for Joint Sponsor household to be part of the record (still, sole income is enough).

- Taxes of household member are field jointly with spouse, but spouse's income is not be used for qualifying. Does spouse need to submit anything?

What option is the most appropriate for this case?. Help/Input is appreciated.

[andrex 0]

Apologies to admins for double post in "VisaJourney.com > Immigration Discussion for US Visa Holders and Permanent Residents > Adjustment of Status (Green Card) from Family Based Visas" I wasn't sure which one was the proper forum

[thongd4me 69]

I replicated the question in "VisaJourney.com > Family & Marriage Based Immigration (K1, K3, IR1, etc) to the USA > Bringing Family Members of Permanent Residents to America" since I am not sure which forum is the right one for this question. Apologies to the admins for double posting

if you fill it in you would assist VJ members in better answering your post.

[andrex 0]

I don't have an exact timeline (don't recall it that well). Petitioner filed I-130 for two children, all requested fees have been paid, as well as the form for designating an agent. Now we are about to send the I-864 and DS230. Why would the timeline be exclusively pertinent to my question? Thanks.

[Otto 83]

Apologies to admins for double post in "VisaJourney.com > Immigration Discussion for US Visa Holders and Permanent Residents > Adjustment of Status (Green Card) from Family Based Visas" I wasn't sure which one was the proper forum

I think this forum - where this is currently posted is appropriate.

**Duplicate threads merged - duplicate posts removed for clarification purposes.

Edited April 28, 2010 by Otto und Karin

[Bobby+Umit 161]

Hello,

Petitioner: Permanent resident. Sponsoring to bring unmmarried children (2, each under a different NVC case) under 21. AOS and IV fees have been paid (ready to submit I-864 package). Income too low (basically none) to file taxes. Hence, there is a requirement to add a Joint Sponsor or Household member to I-864 package for income requirements. Petitioner's "main" US residence is the same as that of Household member/Joint Sponsor (for personal reasons, Petitioner has been flying abroad for extended periods of time, while maintaining permanent residence status).

Joint Sponsor or Household Member: Adult Child (married) of the Petitioner. Sole annual income of the joint sponsor is sufficient to meet income requirements (per I-864P). Taxes of Joint Sponsor/Household member are filed jointly with spouse.

General Questions:

1. What is considered the petitioner's residence? as explained above, Petitioner has been flying abroad for extended periods of time, while maintaining permanent residence status. Can the Petitioner (permanent resident) file and I-864 listing the abroad residence? or must it be a US residence?. Petitioner's "main" US residence is the same as that of Household member/Joint Sponsor.

Use the US address that you reside at in the US. If you are maintaining your LPR status, you must have one of these.

Filing options:

1. File I-864 as Petitioner and Household member. Petitioner $0 income, and Household member all required income. Issue with this:

- Considering the absences from US of the Petitioner, are both Petitioner and Household member considered to be in the same household?

Are you a relative or can you claim them as a dependent on your taxes?

- Household member is married with depedents of their own, however, nowhere do I see in I-864 or I-864A where to count these persons. They are not per say part of the Petitioner's household, but they are part of the Household member household.

Look at question 21. C - F on the 864. If they are a relative or dependent of yours, they could use the I-864A, and you would only count the number of people they are sponsoring. (and themselves)

- Taxes of household member are field jointly with spouse, but spouse's income is not be used for qualifying. Does spouse need to submit anything?

Get the IRS Transcripts (Income and Wages) to show individual income. The spouse is normally not required to submit anything (this can change) if they are not sponsoring.

2. Petitioner: file I-864 with $0 income, and Joint Sponsor:file another I-864 as joint sponsor.

- This allows for Joint Sponsor household to be part of the record (still, sole income is enough).

- Taxes of household member are field jointly with spouse, but spouse's income is not be used for qualifying. Does spouse need to submit anything?

This would probably be the best way to go. Same answers as above for spouse income.

You would also have to explain (via written statement) why you did not file taxes, and reference the appropriate IRS regulations allowing this.

What option is the most appropriate for this case?. Help/Input is appreciated.

[andrex 0]

Bobby+Umit, Thanks for reply. I cannot seem to respond back with quotation.

To clarify questions: I am the the Joint Sponsor/Household member (adult). Petitioner: My parent. Visa applicant(s): Unmarried children, of petitioner, under 21.

Re General Q's

1. Petitioner will keep US address in forms since it is a requirement of LPR status. Thanks.

Re Filing options:

I-864 Filed by Petitioner and adding me to I-864 21.G. I would then file only I-864A.

1. Are you a relative or can you claim them as a dependent on your taxes?

Yes, both Petitioner and Joint Sponsor/Household member are related. Petitioner is parent of (adult) Joint Sponsor/Household member. However, none can claim (or has claimed) the other dependent on their taxes.

2.Look at question 21. C - F on the 864. If they are a relative or dependent of yours, they could use the I-864A, and you would only count the number of people they are sponsoring. (and themselves)

In this case, (adding me, as household member in 21 G), 21 C-F would be those of the petitioner only, which would be zero, since anyone that qualifies for 21C-F are people related to the household member (i.e., my children and/or spouse), but are not related at all to the petitioner. Am I getting this correctly? and if I were to file I-864A, I don't see any options for counting my household (spouse,children).

3.Get the IRS Transcripts (Income and Wages) to show individual income. The spouse is normally not required to submit anything (this can change) if they are not sponsoring.

Are my w2's or paystubs enough?

One I-864 filed by Petitioner, and me filing a separate I-864 - as a joint sponsor -

1. This would probably be the best way to go. Same answers as above for spouse income.

Thanks. It seems this is the less complicated way, since then the petitioner files a pretty simple I-864 only explaining why no taxes were filed, and then I would file another I-864 as a joint sponsor, where my household (children, spouse,etc..) is fully accounted for. Would you concur?

Thanks.

Edited April 28, 2010 by andrex

[Bobby+Umit 161]

Bobby+Umit, Thanks for reply. I cannot seem to respond back with quotation.

To clarify questions: I am the the Joint Sponsor/Household member (adult). Petitioner: My parent. Visa applicant(s): Unmarried children, of petitioner, under 21.

Re General Q's

1. Petitioner will keep US address in forms since it is a requirement of LPR status. Thanks.

Re Filing options:

I-864 Filed by Petitioner and adding me to I-864 21.G. I would then file only I-864A.

1. Are you a relative or can you claim them as a dependent on your taxes?

Yes, both Petitioner and Joint Sponsor/Household member are related. Petitioner is parent of (adult) Joint Sponsor/Household member. However, none can claim (or has claimed) the other dependent on their taxes.

No problem about the dependents - since they are related.

2.Look at question 21. C - F on the 864. If they are a relative or dependent of yours, they could use the I-864A, and you would only count the number of people they are sponsoring. (and themselves)

In this case, (adding me, as household member in 21 G), 21 C-F would be those of the petitioner only, which would be zero, since anyone that qualifies for 21C-F are people related to the household member (i.e., my children and/or spouse), but are not related at all to the petitioner. Am I getting this correctly? and if I were to file I-864A, I don't see any options for counting my household (spouse,children).

Yes - the primary sponsor would put you on line 21G - since you are filling out the 864A. (follow the instructions for each form closely). 864A has different criteria than the 864.

3.Get the IRS Transcripts (Income and Wages) to show individual income. The spouse is normally not required to submit anything (this can change) if they are not sponsoring.

Are my w2's or paystubs enough?

You would need your tax returns to go along with the w-2's. Your primary sponsor would need the same information, so it's better if you both get the IRS transcripts(as applicable). If you go with just w-2's - you would have to show both incomes (spouses) - with w-2's/returns. (so, again, transcripts are the way to go) - paystubs are secondary evidence.

One I-864 filed by Petitioner, and me filing a separate I-864 - as a joint sponsor -

1. This would probably be the best way to go. Same answers as above for spouse income.

Thanks. It seems this is the less complicated way, since then the petitioner files a pretty simple I-864 only explaining why no taxes were filed, and then I would file another I-864 as a joint sponsor, where my household (children, spouse,etc..) is fully accounted for. Would you concur?

Primary petitioner would fill out the 864. you, as the joint sponsor, would fill out the 864A. (since your household members). - you, as the household member, would not need to show your count of people, since you are counted on the primary sponsors household count. (so their 864 should show 1 for the sponsor, 2 for the kids, 1 for you, total 4) - they would add one more if they are married (you didn't specify)

If you wish - you could both fill out the 864 - however, you would have to show income for more people (your spouse).

Thanks.

[vistajones 62]

I realized that this is an old thread, but i will be having the same situation, since my petitioner is living here with me but he's mantained his US address which is the same as out joint sponsor (his parents). So how did you file the I864? Which one was correct?

 

Thank you