Confused by i-864 / i-864a

[Susan&Daniel 0]

I know this has been asked a hundred times, but my Googlefu fails me and I cannot find the answer I'm looking for.

My husband (US citizen) is the Sponsor. He's just left the military, is back in the US and is currently unemployed. His Dad (US citizen) who lives in the same house as him has agreed to be the co-sponsor.

QUESTION ONE:

So, if I've got this right, my husband fills out i-864 and my husband's father fills out i-864a, yeah? Does my husband's father also need to fill out i-864?

QUESTION TWO:

On the i-864 form, what box does my husband tick for Part 1? Box a, the petitioner? Box e, the first of two joint sponsors? If my husband's father has to fill out the same form, what does he then tick?

Thanks in advance!

[Tuanv 2]

For the first question, your father-in-law does not need to file an I-864 if he files an I-864A. Yes, your husband is the petitioner. Your father-in-law is the first joint sponsor.

[pushbrk 12,246]

For the first question, your father-in-law does not need to file an I-864 if he files an I-864A. Yes, your husband is the petitioner. Your father-in-law is the first joint sponsor.

Technically, this would appear correct, however, since the father is head of household, it's best if they each provide their own separate I-864 and don't combine income. It gets the father's household size properly accounted for and saves confusion and associated delays.

Your husband is the petitioner. His father is the only joint sponsor.

Edited April 7, 2011 by pushbrk

[Nich-Nick 3,353]

On your husband's I-864:

Father is counted in household size on page 3, 21g

Father's income is reported on page 4, 24b

Father fills out I-864A which grants his permission to be included on husband's form and also shows he agrees to be liable for the immigrant.

Edited April 7, 2011 by Nich-Nick

[pushbrk 12,246]

On your husband's I-864:

Father is counted in household size on page 3, 21g

Father's income is reported on page 4, 24b

Father fills out I-864A which grants his permission to be included on husband's form and also shows he agrees to be liable for the immigrant.

Again, this is technically correct but tends to miscount the head of household's household size. If the father qualifies on his own with sufficient income, it's best to file one I-864 for each sponsor. The I-864a is used when combining income of two or more household members.

[Susan&Daniel 0]

Haha, I'm still confused

[Nich-Nick 3,353]

Haha, I'm still confused

Either way is okay and would probably do the job.

My post was just saying where a house member's income goes into a sponsor's form if you chose that route. I do agree that the co-sponsor should do his own complete I-864 in your situation, if your husband has no income and isn't even close to qualifying on his own.

[Susan&Daniel 0]

So two separate I-864 is the way to go, yeah? It's highly unlikely he'll have an income between no and when I'll need the forms by so I'll just go ahead with getting them to fill out one I-864 each. Thank you

[pushbrk 12,246]

So two separate I-864 is the way to go, yeah? It's highly unlikely he'll have an income between no and when I'll need the forms by so I'll just go ahead with getting them to fill out one I-864 each. Thank you

Good choice but just to clarify, the reason for my recommendation is NOT that your husband has no income. The recommendation is for two reasons.

1. Your husband's father's income is sufficient on its own, so no need to "combine" income.

2. The I-864/864a combination tends to miscount the qualified sponsor's household size, when the qualified sponsor is the head of household.

Miscounting the head of household's household size by counting only those listed on the I-864 and I-864a can cause a false sense of security with regard to qualification. The true household size is reflected on the I-864 of the head of household and that's the calculation a Consular officer will use either way you go. They'll look at that tax return and do their own calculation, regardless of what the forms show.

Edited April 10, 2011 by pushbrk

[len ben 12]

Good choice but just to clarify, the reason for my recommendation is NOT that your husband has no income. The recommendation is for two reasons.

1. Your husband's father's income is sufficient on its own, so no need to "combine" income.

2. The I-864/864a combination tends to miscount the qualified sponsor's household size, when the qualified sponsor is the head of household.

Miscounting the head of household's household size by counting only those listed on the I-864 and I-864a can cause a false sense of security with regard to qualification. The true household size is reflected on the I-864 of the head of household and that's the calculation a Consular officer will use either way you go. They'll look at that tax return and do their own calculation, regardless of what the forms show.

It's been a long time but, yes, once again, you clarified things that are very unclear inside my head, thank you! You are saying, it matters in cases where the household members are miscounted in relation to the annual income? is that correct?

[pushbrk 12,246]

It's been a long time but, yes, once again, you clarified things that are very unclear inside my head, thank you! You are saying, it matters in cases where the household members are miscounted in relation to the annual income? is that correct?

That's one thing I said, yes.

[len ben 12]

That's one thing I said, yes.

Hi sir! Thank you very much I saw what you wrote about i-864, somehow I was so enlightened with everything. Can I make one last confirmation?

Now, my husband and I decided to make my father-in-law, a joint sponsor, meaning he would fill out i-864 rather than i-864A because of the following reasons:

1. We filed DCF, so meaning, husband is not part of the household of the father-in-law though we are going to stay with them if and when we go to the US.

2. My husband has zero income since 2008, so we have nothing, $0 income.

We also asked my Mother in Law to fill out i-864A because she lives in the same residence as my Father-in-law. Also, in item #13 in i-864A, my father in law is the sponsor and my mother-in-law has to sign #15.

Are we doing this right? Thank you very much!