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JinyAndJony

Help filling out, i864 please

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Filed: Citizen (pnd) Country: India
Timeline

1. For whoever filled i864, did you write 'N/A' or leave the fields blank ?

For ds-230 i remember they specifically said not to leave fields blank.. but for i864 i dont see such an instruction. Many fields are left blank in the sample form in VJ. Makes me a lil confused.

2. Also, the intending immigrant will be listed in household of BOTH the petitioner and joint sponsor, right? (this is a case of two I864 forms)

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Filed: IR-1/CR-1 Visa Country: China
Timeline

1) It's fine to use 'N/A' in fields that don't apply to you.

2) Household Member needs to fill out I-864A. Also known as Contract Between Sponsor and Household Member. (They are considered a co-sponsor

Non-Household Member, Also known as Joint Sponsor (example: friend who does not live with you) fills out the regular I-864 (just like the petitioner, but separate i.e. they submit their own I-864).

You can also refer again to page 2 of the I-864 instructions (right side column).

Just as an added note: I have read of an occasion or two, when a consulate visa officer delayed the issuance of a visa, because they wanted certified tax transcripts from the co-sponsor (even though the co-sponsor had submitted their normal tax returns, per instructions).

You never know the attitude of the visa officer who will be assigned to your beneficiary; Although the I-864 instructions do not specify or require that you have to submit certified tax transcripts (it only says tax returns -OR- certified tax transcripts), it may be wiser and safer to have your co-sponsor order official tax transcripts from the IRS. BEFORE submitting their I-864A form, and include the transcripts with the package. Again, what I described has only happened a of couple times on rare occasions. Certainly, it is not a regular occurrence. I just share it with you so that you can make an informed decision. The decision is your if you want to submit both (tax return + transcript).

Hope this helps and Good Luck!!

~Bluewolf

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Filed: Citizen (pnd) Country: India
Timeline

Thanks wolfie.. :)

2. Also, the intending immigrant will be listed in household of BOTH the petitioner and joint sponsor, right? (this is a case of two I864 forms) This I am asking with regard to question number 21. Basically asking if the intending migrant has to be counted in both the I864 forms

3. Another doubt actually i have is with the very first question 1. d-e.

My spouse wud be the petitioner and she will have her uncle as a joint sponsor for me. So both of them fill be filling out I864s since their residences are separate.

Now am I right to say.

My spouse who is the petitioner will check mark

1a. I am the petitioner. I filed or am filing for the immigration of my relative. and then leave the 1b-f all unchecked.

Now her uncle on his I864, has to check the boxes d or e?

d. I am the only joint sponsor.

e. I am the first second of two joint sponsors.

Basically the 3rd question is to do with asking, if the USC spouse and her uncle are both considered Joint sponsors.. Or is this a case of one joint sponsor along with the petitioner?

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Hi Jin and Jony,

Regarding your questions:

2) AOS Part 5. Question 21: NO you are NOT listed in both households. ONLY your wife counts you on her I864.

Your wife and her uncle are in separate residences. Even if they live together, the question refers to dependents ( meaning: anyone that she is financially responsible for / anyone who depends on her financially for their daily survival)... Example: children or elderly parent or disabled family member).

Her uncle DOES NOT list you as part of his household size. He is only the joint sponsor. The fact that he is also sponsoring you DOES NOT make you a dependent to be counted in his household size. (You would only be counted if you were going to live with him AND he was literally going to pay for all you monthly living).

THIS DOES NOT MEAN: someone she gives a little money to each month as her way of helping. Example: If she gave her grandmother a hundred dollars a month as a little extra money. Grandmother is not dependent on that money, your wife just gives it as a personal gesture. (In that example, grandmother would not be viewed as a "dependent".

A simple question is: does your wife count anyone (other than you) on her taxes as a dependent? If so, than the number of people she claims (+you) = her household size.

In your case, as you have described it, your wife has no other dependents OR dependent children),if that's true and the household will be just you and your wife... your wife would fill in 21. a = 01 (brought forward from I864 Part 3. Number 10. 21h would then = 02 / your wife (21b) and you (21a).

NOTE: Don't get confused by question 21c. Although it's true you are married, DO NOT check this box. 21c would only apply if your wife were petitioning someone else (excluding you) Example: if she were petitioning a family member. As it says on Part 5 Question 21: "DO NOT COUNT ANYONE TWICE". You are already counted in 21a therefore 21c doesn't apply.

2) AOS Part 1. Question 1: Yes, you wife would check ONLY box 1a. / IF her uncle is the ONLY joint sponsor, he would check only box 1d.

Regards your question: your wife is NOT a joint sponsor she is the petitioner... only a person "joining" your wife to help sponsor you are "joint" sponsors. I864 Part 1 Question 1e would only apply if two people were joining your wife to assist with your sponsorship. (Example: if her uncle AND her brother or friend joined in). In your case it is: your wife = petitioner / uncle = 1 joint sponsor.

Hope this helps make things more clear,

~Bleauwolf

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Filed: Citizen (pnd) Country: India
Timeline

Hi Jin and Jony,

Regarding your questions:

2) AOS Part 5. Question 21: NO you are NOT listed in both households. ONLY your wife counts you on her I864.

Your wife and her uncle are in separate residences. Even if they live together, the question refers to dependents ( meaning: anyone that she is financially responsible for / anyone who depends on her financially for their daily survival)... Example: children or elderly parent or disabled family member).

Her uncle DOES NOT list you as part of his household size. He is only the joint sponsor. The fact that he is also sponsoring you DOES NOT make you a dependent to be counted in his household size. (You would only be counted if you were going to live with him AND he was literally going to pay for all you monthly living).

Hope this helps make things more clear,

~Bleauwolf

Wolfie.. thank you so much for your detailed replies. This is much appreciated..

And still reg I864

Part 5. Question No.

21 a. Enter the number you entered on line 10.

Both my wife and her uncle has to enter 1 here, right? because both of them sponsor me..

and 21 h. Add together lines and enter the number here. Household Size:

so basically they both, in their individual forms, end up adding me from 21a

and so i get added up in 21h..? this is my confusion :bonk: :bonk: :bonk:

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Hey!! :bonk: HaHaHaHa :lol:

No worries. It's not your fault. The I864 is very poorly written because it is vague. It's one of those cases that the author of the form is fully knowledgeable about the particulars of the form. But, didn't write it in a way that someone who's never seen it can fill it out without assistance. Furthermore, Department of State also failed because they never tested the form by giving it to people who have never seen it and asked them to fill it out on a test basis and get feedback to improve the form and make it more understandable and user friendly to the everyday average person.

Having said that... that knowledge doesn't help at the present moment. :ot2:

  • Part 5. Question 21a:

YES both your wife and her uncle enter 01.

  • Part 5. Question 21h:

YES both your wife and her uncle add lines 'a' through 'g' and enter in 'h'. (I'm not going to give you a number to put for this one because I don't know your wife's uncle house hold size).

I know, 21h doesn't really make sense i.e. your wife's uncle is joining as a sponsor. Although you won't actually be a member of his household and it's very likely that you won't ever be his dependent. But, technically, they consider... since the I864 is a promissory note that he will "support you"... (even though actually he probably will never have too), then suddenly you're counted in household size. The main reason for this is when they do the calculations for acceptable minimum income to meet the criteria for the immigrant to be supported financially and not be dependent on the US welfare system. Although this view by the government is certainly understandable. And is probably a good protection for the US citizens. At the same time always remember, the government is always going to make rules and procedures that will benefit them NOT you or the petitioner. (just my opinion many years of close observation). I certainly don't agree with the way they handle immigration things. However, they are the rules that we must live by.:wacko:

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Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline

We wrote N/A or NONE where it did not apply to us


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08-04-06 Met online

12-06-07 Filed I-129F with VSC

01-29-09 Interview; Case returned back to USCIS for 'further review'

03-21-09 FOIA Request sent (got "we have no records on your case" in respond)

07-08-09 Civil marriage; 07-11-09 Church marriage

11-14-09 I-130 Sent to CSC

11-25-09 Check Cashed by USCIS!

11-28-09 NOA1 hard copy received by snail-mail (dated 11-23-09)

04-30-10 Phone request about case outside the normal processing time

05-05-10 Hard copy letter from VSC about closure the previous petition (dated 04-05-10)

05-18-10 NOA2 hard copy received (by snail-mail)!

06-01-10 NVC case accepted

06-07-10 I-864 bill paid

06-14-10 IV bill paid

07-12-10 I-864 & DS-230 sent to NVC

07-21-10 I-864 & DS-230 received according to AVR

07-23-10 Medical (completed)

08-18-10 SIF, CC @ NVC - Thank You, LORD!

10-14-10 Planned Interview date

10-12-10 Interview cancelled

10-15-10 MRI; Brain tumour

10-19-10 Surgery. Alive

Thank You, LORD!

Love is patient...

united-states-flag-waving-emoticon-animated.gifukraine-flag-waving-emoticon-animated.gif

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