I-864 two sponsors???

[bond 2]

Hi guys!

I have some questions regarding I-864.

My wife (I just got married last week ) will be my sponsor, but since she is a student and has no income her dad will be my joint sponsor. So both will fill out two separate I-864 forms.

Question 1:

For question 1 on the I-864 form does her dad have to mark “1d: I am the only joint sponsor? “

Does my wife have to mark “1a: I am the petitioner. I filed or am filing for the immigration of my relative?”

Question 2:

The household consists of 5 people: my wife, her dad, her mum, her sister and me.

What does my wifes dad have to check for question 21: “Your household size”?

I would guess:

“21a. Enter the number you entered on line 10.” – for me

“21b. Yourself”

“21c. If you are currently married, enter “1” for your spouse.”

What should he mark for his two daughters, both over 21 and one is my wife. Should he mark “21d: If you have dependent children, enter the number here”. I am not sure if this is just for children under 21 who are unmarried. He could also just mark Nr. 21e for his two daughters. “ 21e: If you have any other dependents, enter the number here.”

What does my wife has to fill out for this part???. She does not have any income, therefore she does not fill out any income tax return papers. She is not financially responsible for any of the persons living in the house, but listed as a dependent child on her dads tax income return.

Question 3:

As I mentioned the property guideline states that you have to have an income of $32,237 in a household of 5 people. My wifes dad had an income of: $39,861 in 2009, $50,434 in 2008 and $29,655 in 2007. So in 2007 he did not meet the guidelines requirements, what does this means? Do I have to find another joint sponsor?

I would appreciate it if someone could help me out.

Thanks

Adam

[Young Love 5]

Question 1:

For question 1 on the I-864 form does her dad have to mark “1d: I am the only joint sponsor? “

Does my wife have to mark “1a: I am the petitioner. I filed or am filing for the immigration of my relative?”

A: Since your wife's dad lives with her he is considered a Household Member and can fill out a form I-864A. He still needs his tax evidence but the form it self is simpler. Your wife will mark 1a on her I-864.

Question 2:

The household consists of 5 people: my wife, her dad, her mum, her sister and me.

What does my wifes dad have to check for question 21: “Your household size”?

I would guess:

“21a. Enter the number you entered on line 10.” – for me

“21b. Yourself”

“21c. If you are currently married, enter “1” for your spouse.”

What should he mark for his two daughters, both over 21 and one is my wife. Should he mark “21d: If you have dependent children, enter the number here”. I am not sure if this is just for children under 21 who are unmarried. He could also just mark Nr. 21e for his two daughters. “ 21e: If you have any other dependents, enter the number here.”

What does my wife has to fill out for this part???. She does not have any income, therefore she does not fill out any income tax return papers. She is not financially responsible for any of the persons living in the house, but listed as a dependent child on her dads tax income return.

A: In section 21 of her I-864, your wife should mark a "1" in A, B, and G (one for you, herself, and her dad since he is a household member) totaling 3. She will then enter his information under 24b and combine her income (if any) with his on line C, then check box D.

Question 3:

As I mentioned the property guideline states that you have to have an income of $32,237 in a household of 5 people. My wifes dad had an income of: $39,861 in 2009, $50,434 in 2008 and $29,655 in 2007. So in 2007 he did not meet the guidelines requirements, what does this means? Do I have to find another joint sponsor?

A: He only needs to meet the requirement in the most recent year.

[Young Love 5]

Oh, and good luck!

[bond 2]

Hi Newbie!

Thanks for your answer.

I was reading about form I-864 in the forms. My wife is still a student and has no income. Therefore I think it is better that her dad will also fill out form I-864 as a joint sponsor.

Question 1:

For question 1 on the I-864 form does her dad have to mark “1d: I am the only joint sponsor? “

Does my wife have to mark “1a: I am the petitioner. I filed or am filing for the immigration of my relative?”

Question 2:

The household consists of 5 people: my wife, her dad, her mum, her sister and me.

What does my wifes dad have to check for question 21: “Your household size”?

I would guess:

“21a. Enter the number you entered on line 10.” – for me

“21b. Yourself”

“21c. If you are currently married, enter “1” for your spouse.”

What should he mark for his two daughters, both over 21 and one is my wife. Should he mark “21d: If you have dependent children, enter the number here”. I am not sure if this is just for children under 21 who are unmarried. He could also just mark Nr. 21e for his two daughters. “ 21e: If you have any other dependents, enter the number here.”

What does my wife has to fill out for this part???. She does not have any income, therefore she does not fill out any income tax return papers. She is not financially responsible for any of the persons living in the house, but listed as a dependent child on her dads tax income return.

thanks for the help.

Adam

[VanessaTony 3,567]

Hi Newbie!

Thanks for your answer.

I was reading about form I-864 in the forms. My wife is still a student and has no income. Therefore I think it is better that her dad will also fill out form I-864 as a joint sponsor.

You are not ALLOWED to have him complete an I-864. He MUST complete an I-864A because he LIVES with you. You will cause more trouble than it's worth by not following the instructions.

Also out of interest the person who replied to your post isn't "newbie" that's their status in terms of post count. Just like my name isn't "little miss", It's "Vanessa&Tony"

Household size is explained in the instructions, so is the majority of the form. Read the forms again, AND their instructions, then post your questions.

[bond 2]

You are not ALLOWED to have him complete an I-864. He MUST complete an I-864A because he LIVES with you. You will cause more trouble than it's worth by not following the instructions.

Also out of interest the person who replied to your post isn't "newbie" that's their status in terms of post count. Just like my name isn't "little miss", It's "Vanessa&Tony"

Household size is explained in the instructions, so is the majority of the form. Read the forms again, AND their instructions, then post your questions.

Hi Vanessa&Tony!

I was reading the instructions but I am still really confused. It says on page 2:

"How to count household size? Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support."

The instructions also say on page 2: Who completes and signs form I-864? A sponsor completes and signs form I-864. A sponsor is required to be at least 18 years old and domiciled in the United States, or its territories or possessions. The petitioning sponsor must sign and complete form I-864, even if a joint sponsor also submits an I-864 to meet the income requirements."

"What if I cannot meet the income requirements? If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirements can be met using any combination of the following:

- Income from any relatives or dependents living in your household or dependents listed on your most recent Federal tax return who signed a form I-864A

- [...]

- [...]

- A joint sponsor whose income and/or assets equal at least 125 percent of the Poverty Guidelines."

On page 3 is says: "Who is a joint sponsor? If the person who is seeking the immigration of one or more of his or her relatives cannot meet the income requirements, a "joint sponsor" who can meet the requirements may submit a form I-864 to sponsor all or some of the family members."

As far as I understood this, my wifes dad can be my co-sponsor and fill out I-864.

If it is easier to fill out I-864A and if it does not cause any trouble I could just do this.

But can my wifes dad fill out I-864A, even if my wife does not have any income and no federal income tax return form?

Are both ways possible???

What should my wife mark for question 21 on form I-864?

a. Enter the number you entered on line 10 ------ "1" - me

b. Yourself ------------------------------------- "1" - my wife

g. If you have siblings, parents [...] ---------- "1" - her dad

The houshold size would be 3 people if she fills out I-864 and her dad I-864A. If her dad fills out I-864 as a joint sponsor, the household size on his form would be 5 (him, me, my wife, his wife and two daughters - mentioned as dependent on his federal tax return). This would mean that if he fills out I-864A and not I-864, the poverty line requirements could be easier to be reached (3 people compared to five people).

What would you guys recommend????

Did someone had the same problem????

thanks for the help.

Adam

[VanessaTony 3,567]

I was reading the instructions but I am still really confused. It says on page 2:

"Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support."

The instructions also say on page 2: Who completes and signs form I-864? A sponsor completes and signs form I-864. A sponsor is required to be at least 18 years old and domiciled in the United States, or its territories or possessions. The petitioning sponsor must sign and complete form I-864, even if a joint sponsor also submits an I-864 to meet the income requirements."

Yes. This means that although the sponsor may not meet income requirements they are still required to complete their own I-864.

"What if I cannot meet the income requirements? If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirements can be met using any combination of the following:

- Income from any relatives or dependents living in your household or dependents listed on your most recent Federal tax return who signed a form I-864A

- [...]

- A joint sponsor whose income and/or assets equal at least 125 percent of the Poverty Guidelines."

Yes. Again there are other sponsors apart from those that live with you, hence the joint sponsor part which would mean someone NOT living with you completes an I-864 of their own.

As far as I understood this, my wifes dad can be my co-sponsor and fill out I-864. If it is easier to fill out I-864A and if it does not cause any trouble I could just do this. But can my wifes dad fill out I-864A, even if my wife does not have any income and no federal income tax return form?

Yes. because this happens ALL the time. Usually in cases such as yours where the USC spouse is at school or lost their job etc.

What should my wife mark for question 21 on form I-864?

a. Enter the number you entered on line 10 ------ "1" - me

b. Yourself ------------------------------------- "1" - my wife

g. If you have siblings, parents [...] ---------- "1" - her dad

The houshold size would be 3 people if she fills out I-864 and her dad I-864A. If her dad fills out I-864 as a joint sponsor, the household size on his form would be 5 (him, me, my wife, his wife and two daughters - mentioned as dependent on his federal tax return). This would mean that if he fills out I-864A and not I-864, the poverty line requirements could be easier to be reached (3 people compared to five people).

Exactly. I-864A is better and what you wrote for your wife to enter is correct.

Yep. On page 4 of the form, number 24, you would enter her dad's details there, and his income and total it to section 24C. You would need to include his tax returns with his I-864A and you would also tick box 24D.

Easy peasy.