I-864 or I-864A?

[Nahathai_Ike 0]

Petitioner = WIFE (Legal Permanent Resident)

Beneficiary = Son of Wife, under 21

Wife had zero dollars income. Wife filed the joint tax return with US Husband.

Beneficiary will be staying in the same household.

What type of I-864 or I-864A forms should be filed?

1. Wife will file I-864 and mark as a petitioner and do the filing for immigration relative. I-864A will be filed by the husband. Wife will sign Part II in the I-864A as sponsor. (Number 24 on I-864 indicates that the sponsor can use other person's income in the household. Need to name that person and mark "d" in 864A

or

2. Wife will file I-864 and mark as a petitioner and do the filing for immigration relative. Second I-864 will be filed by the husband anfd mark it as, "I am the only joint sponsor."

or

3. Husband files I-864. (This might not happen because he is not a petitioner.)

or

4. None of the above. (Please indicate of what to do.)

Since wife has zero income, what should she fill the information regarding Federal income tax return information? (She has been doing the joint filing.)

My thoughts believe that method # 1 is the correct one. Wife files I-864 and husband files I-864A. If this incorrect, please post on the board. Thank you for your time confirming the scenarios.

p.s. Do you think NVC can answer this question? Do we have this similar scenarios elsewhere?

[Bobby+Umit 161]

Number 1.

[thongd4me 69]

...Wife had zero dollars income. Wife filed the joint tax return with US Husband...

Wife does NOT have zero dollars income - taxes filed jointly represent joint income,

even if the wife only worked at home.

[Nahathai_Ike 0]

Wife does NOT have zero dollars income - taxes filed jointly represent joint income,

even if the wife only worked at home.

So, based on the case like this:

1. Is it necessary to file the I-864A, because of the husband's income?

Part 6 of I-864 asks for Sponsor's income and employment

Item # 23. My current individual annual income is: ........ zero ?? Isn't it?

Item # 24. Choice b. She has to use other person who was counted in the household size, which is the husband. This should total the household income on choice C. Then, she has to mark choice D, that the person listed in Choice B should also file the I-864A.

Item # 25. Then, the Total income should be jointed, right? Or it would be zero? So, it will not double-count the husband's income in I-864A?

These are the items that make me confused. Thanks for your reply.

[thongd4me 69]

...

You're doing it for your wife's son - read the guides.

I posted this but then realized you're not filing for your wife but your stepson:

OK OK

I'm far from an expert on this, as we have only completed our 2-year AOS last month

and must wait 2 years for removal of conditions which is YOUR status according to

your timeline.

Removal of Conditions Instructions

I do not see the I-864 or I-A64A forms as being required for removal of conditions in the VJ GUIDE.

You should get confirmation from other CR-1/IR-1 folks because to me it looks like your question does not apply.

When she got the visa you had to prove support and that process seems to have been completed

successfully. I searched the I-751 instructions for the need for these forms and it's not there.

As far as I know there is no I-864 or I-864A form. It's a wrong number.

Edited September 8, 2010 by thongd4me

[thongd4me 69]

The I-130 Guide (petition for alien relative) indicates the I-864 form,

the I-864A does not appear to be applicable.

Your income is still your joint income.

Again, it's better to check with the folks that have done this; there are plenty on VJ.

[Bobby+Umit 161]

The primary sponsor will fill out the 864.

If you are using your husbands income (which it seems) - he would fill out the 864A. (since he is using his income to cover the needed income level).

Just follow the forms instructions and you should be ok.