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Nahathai_Ike

How to Fill in Form I-864 and I-864A?

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

Hello,

Situations are at follow:

1. Husband - US Citizen - occupation: Project Manager Annual income: $50K

2. Wife - Green Card holder - occupation: Housewife Annual income: $0

Both filed the joint tax returns during the past two years.

Wife has a son who is currently 20 years old. She petitioned him a visa via I-130 last year and received an approval via NOA2 last month. As of today, the case is still at NVC. The case number should be issued next month. I am her neighbor and she asked me to help preparing some of the forms.

I'm stuck with the I-864 and I-864A forms because I have never used this I-864A before.

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Questions:

1. Part 1 on the I-864, she has to fill in the a.choice, which states, "I am the petitioner. I filed or am filing for the immigration of my relative." Am I correct? Another choice is e, "I am the first or second of the joint sponsors. I am uncertain which one that she needs to mark. Instructions given is leaning toward the a. choice, because she filed the I-130 with USCIS.

2. Part 6: Sponsor's income and employment. I am uncertain how she needs to answer these parts.

Question: 22: I am currently --> b) self-employed as housewife???

Question: 23: My current individual annual income is: 0.00 (should we put zero in here?

Question: 24: b. Income you are using from any other person who was counted in your householdsize, including, in certain conditions, the intending immigrant. (See step-by-stepinstructions.) Please indicate name, relationship and income. Should she list the name of her husband, relationship as spouse and current income of 50K on this line?

Choice d. The persons listed above have completed Form I-864A. I am filing along with thisform all necessary Forms I-864A completed by these persons. I believe she should mark it because her husband will file the I-864A. Let me know if this is incorrect.

Question: 25: This is the most confusing question. It states:

I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only themost recent tax year.

My total income (adjusted gross income on IRS Form 1040EZ) as reported on myFederal tax returns for the most recent three years was: ............

This question asks "I", which is the petitioner. But she filed the joint returns with her husband. Does she need to fill her income as zero, because the question asks for "I", not "WE"? She should have only two years filing because she has been in the States for only two years.

Need help on this question. Incomes filed with IRS were jointed returns.

I think, that should be it for Form I-864.

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I-864A will be filled by her husband, which is a lot easier.

Question: # 11: The figures regarding the total income for the past three years belongs to him.

The sponsor, his wife, has to sign on part II and he will sign at the bottom as Household's member.

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I do appreciate if anyone can guide me to fill and verify whether the information is correct. Thank you again for your time.

Edited by Nahathai_Ike

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

OR

THE HUSBAND WILL FILE I-864 ON BEHALF OF HIS 20-YEARS OLD STEPSON? CAN HE DO THIS? IF HE CAN, will he be considered as a joint sponsor, per choice D?

But he is not the petitioner, his wife is. Can he do this?

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