I-864 Related Question

[JHeater 0]

I am sure this question has been asked before, so I will get straight to the point.

I live in China along with my wife, and she and I have been approved for the CR-1 visa and are now getting ready to submit the I-864 affidavit of support form along with a joint sponsor because my income does not meet the 125% level that the US government requires. So, my father will be the joint sponsor for our support. He is my biological father (not sure if that matters) and his income combined with mine would reach the 125% level. However, I am confused about the forms which he, my father, is supposed to fill out.

It has been made pretty clear to me that the household members must sign form I-864A, along with me in regards to joint income. However, besides this form, does my father also need to fill out form I-864? I just want to know if he has to fill out any other forms besides the I-864A, or if we both have to fill out form I-864. I'd appreciate any responses that could clear up this matter as soon as possible, as it's been haunting me for nearly a month now trying to find this out. Thank heavens for Visa Journey.

I look forward to your responses.

--Jake

[Penguin_ie 5,994]

Firstly, you haven't been approved for a visa yet, your petition has been approved. Also, will your income continue from the same source when you move to the USA? If not, you cannot include it in the affidavit of support.

I am a bit confused about what you write. You always need to fill in the I-864, but your father- the co-sponsor- needs to only file either the I-864 OR the I-864A. If he is a household member of yours, he can file the I-864A. Since you live in China, it is likely that he needs to file the I-864 as he lives separately from you. Is he married? if so, his wife may need to file a I-864A.

[JHeater 0]

Firstly, you haven't been approved for a visa yet, your petition has been approved. Also, will your income continue from the same source when you move to the USA? If not, you cannot include it in the affidavit of support.

I am a bit confused about what you write. You always need to fill in the I-864, but your father- the co-sponsor- needs to only file either the I-864 OR the I-864A. If he is a household member of yours, he can file the I-864A. Since you live in China, it is likely that he needs to file the I-864 as he lives separately from you. Is he married? if so, his wife may need to file a I-864A.

Thanks for clearing that up with the matter of the approval. The answer to your first question is, "No." My income will not continue from the same source as I am an English teacher in China. So, if I cannot include my income in the affidavit, then what should I write on the affidavit?

I know, as the petitioner, that I am required to fill out form I-864, but my question was regarding him. I guess that makes sense since we don't live in the same residence that he would need to file a different form. He is a household member, and I am aware of the need for the I-864A. My father is married and never divorced, so that leads me to ask why my mother would need to file an I-864A since she would not be supplementing any income to the beneficiary.

However, you have shed some light on something that I wasn't entirely aware of about my income. I now need to know what I should include regarding income on the I-864. Your advice would be appreciated.

--Jake

[pushbrk 12,979]

Thanks for clearing that up with the matter of the approval. The answer to your first question is, "No." My income will not continue from the same source as I am an English teacher in China. So, if I cannot include my income in the affidavit, then what should I write on the affidavit?

I know, as the petitioner, that I am required to fill out form I-864, but my question was regarding him. I guess that makes sense since we don't live in the same residence that he would need to file a different form. He is a household member, and I am aware of the need for the I-864A. My father is married and never divorced, so that leads me to ask why my mother would need to file an I-864A since she would not be supplementing any income to the beneficiary.

However, you have shed some light on something that I wasn't entirely aware of about my income. I now need to know what I should include regarding income on the I-864. Your advice would be appreciated.

--Jake

You fill out the I-864 truthfully with your employer information and current income. What will then happen is that income will not be considered toward meeting the income requirement.

You and your father do not live in the same house. Unless it is your plan to do so upon your return, he cannot combine income with you. (Yours is zero anyway for this purpose.) If his address will be your domicile upon your return then he provides an I-864a. If not, he provides an I-864. Your mother would only need to provide an I-864a if HER income is needed to meet the requirement or if your parents' income is from a family business where one income cannot be separated from another.

If your father's income alone does not qualify for a household size including he, his wife, any children under 21 plus the intending immigrant (an any previously sponsored immigrants, if any) then you may need to combine your parents' incomes using an I-864a from mom.

[JHeater 0]

You fill out the I-864 truthfully with your employer information and current income. What will then happen is that income will not be considered toward meeting the income requirement.

You and your father do not live in the same house. Unless it is your plan to do so upon your return, he cannot combine income with you. (Yours is zero anyway for this purpose.) If his address will be your domicile upon your return then he provides an I-864a. If not, he provides an I-864. Your mother would only need to provide an I-864a if HER income is needed to meet the requirement or if your parents' income is from a family business where one income cannot be separated from another.

If your father's income alone does not qualify for a household size including he, his wife, any children under 21 plus the intending immigrant (an any previously sponsored immigrants, if any) then you may need to combine your parents' incomes using an I-864a from mom.

Pushbrk,

Thank you for a kind and honest reply. I was intending, or course, to tell the whole truth about my income and employment situation. However, you have truly cleared up a lot of questions for me. I am quite young, just a college graduate, and I have not established a place of residence for my wife and myself upon return to the US, so, we will be living with my father at his residence. So, I guess from the way I understand it, is that since he and I and my wife will live in his residence for the time being upon our return, he needs to fill out form I-864a and not I-864.

Being that my mother is a housewife, I assume that she needs not fill out any form, correct? Per I-864p guidelines, it seems that we are in the clear.

I have another question regarding the form itself, though. Being that I live in China, and he in the US, I expect the embassy in Guangzhou would require original signatures and not simply electronic PDF versions of said forms, no? If I assume correctly, that means he'll have to mail the form (I-864a) to me directly so they can have original signatures on the form. Please correct me if I am wrong. Also, to my understanding after having read the forms, as far as W-2 tax forms go they only need photocopies, right?

Sorry to bother with so many questions, but at this point, I am almost paranoid that I will send something wrong, which would only open up a can of worms for me. I appreciate any and all advice.

--Jake

Edited December 5, 2010 by JHeater

[pushbrk 12,979]

Pushbrk,

I have another question regarding the form itself, though. Being that I live in China, and he in the US, I expect the embassy in Guangzhou would require original signatures and not simply electronic PDF versions of said forms, no? If I assume correctly, that means he'll have to mail the form (I-864a) to me directly so they can have original signatures on the form. Please correct me if I am wrong. Also, to my understanding after having read the forms, as far as W-2 tax forms go they only need photocopies, right?

Sorry to bother with so many questions, but at this point, I am almost paranoid that I will send something wrong, which would only open up a can of worms for me. I appreciate any and all advice.

--Jake

Yes, you've got it all right. At the interview, your wife will need the hard copies of EVERYTHING you scanned and emailed to NVC. It's not just W-2 forms from your dad though. You'll need either complete tax returns (which include W-2 forms) or a tax return transcript(s).

[JHeater 0]

Yes, you've got it all right. At the interview, your wife will need the hard copies of EVERYTHING you scanned and emailed to NVC. It's not just W-2 forms from your dad though. You'll need either complete tax returns (which include W-2 forms) or a tax return transcript(s).

Thanks for clearing up all of my questions. I appreciate your timely responses. If she and I filed through DCF (Direct Consular Filing) we will still need hard copies of all of the forms? Just checking.

[pushbrk 12,979]

Thanks for clearing up all of my questions. I appreciate your timely responses. If she and I filed through DCF (Direct Consular Filing) we will still need hard copies of all of the forms? Just checking.

Well, yes because electronic processing refers to NVC. With DCF, NVC is not part of the picture. Everything is then hard copy all the way through.

[Skye_Cohen 1]

Quick note though, If i understand the i-864 instructions properly, and that is a big "if", your father would need to make enough to not only to sponsor your wife, but also enough to support all dependents in the household, again if i understand correctly, that would be your mother, you and your wife.

I am sure this question has been asked before, so I will get straight to the point.

I live in China along with my wife, and she and I have been approved for the CR-1 visa and are now getting ready to submit the I-864 affidavit of support form along with a joint sponsor because my income does not meet the 125% level that the US government requires. So, my father will be the joint sponsor for our support. He is my biological father (not sure if that matters) and his income combined with mine would reach the 125% level. However, I am confused about the forms which he, my father, is supposed to fill out.

It has been made pretty clear to me that the household members must sign form I-864A, along with me in regards to joint income. However, besides this form, does my father also need to fill out form I-864? I just want to know if he has to fill out any other forms besides the I-864A, or if we both have to fill out form I-864. I'd appreciate any responses that could clear up this matter as soon as possible, as it's been haunting me for nearly a month now trying to find this out. Thank heavens for Visa Journey.

I look forward to your responses.

--Jake