Jump to content
Dave and Kinnari

I-864 Question...kinda confused

 Share

47 posts in this topic

Recommended Posts

Filed: Lift. Cond. (apr) Country: India
Timeline

Just need to clear up something here.

I am the one sponsoring for my wife. Primary Sponsor. I do not make enough to be able to sponsor her solo (I am a full time student that is currently unemployed). I will be having a joint sponsor (my father) that I do live with and he does claim me on his taxes as a Dependant.

So, I understand I will have to fill out I-864 Joint Sponsor, with all the W-2, 1040's etc. (The past 3 years 2007-2010, I was working part-time but still did not have to cover the poverty guidelines) but my main question is, since I live at the same residence as my joint sponsor (Dad) will he have to fill out 1-864A or another I-864. We will be living with him as well when she arrives in the US. And is counted into my household count on my I-864?

Thanks A lot!

USCIS- (77 Days)
I-130 Sent : 04-05-2011
I-130 NOA1 : 04-08-2011
I-130 NOA2 : 06-24-2011

NVC- (29 Days)
NVC Received : 07-25-2011

NVC Case Closed: 08-23-2011
Medical/VFS/Interview
Interview Date Recieved: 09-02-2011
Medical Completed: 09-16-2011
VFS Fees Paid and Documents Submitted: 10-21-2011
Interview: 11-10-2011

Interview Status: Approved
Visa In Hand: 11-10-2011

USA

P.O.E- Chicago, IL: 12-16-11
Recieved Welcome Letter: 01-03-2012
Received Green Card: 01-19-2012
Re-applied for SSN: 01-23-2012
Received SSN: 01-27-2012

Apply for Removal of Conditions: 09-17-13

ROC- (112 Days)

I-751 Sent (CSC): 11-22-13

Check Cashed: 11-27-13

I-751 NOA1: 11-30-13

Biometrics: 12-23-13
Case Status: Approved
Green Card Issued: 3-14-14

Green Card In Hand: 3-20-14

CITIZENSHIP

Apply For N-400: 1-28-15

Check Cashed: 02-5-15

NOA: 02-11-15

Biometrics: 03-2-15

In Line Interview: 06-10-15

Interview: 07-20-15

Interview Status: Approved

Oath Ceremony: 08-20-15

Link to comment
Share on other sites

  • Replies 46
  • Created
  • Last Reply

Top Posters In This Topic

You are the main sponsor. He fills out I-864 A and counts as your household member. He still needs to include his taxes, W2's, pay stubs, employer letters as well as proof of his relationship to you and proof you live in the same residence.

England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: India
Timeline

Just need to clear up something here.

I am the one sponsoring for my wife. Primary Sponsor. I do not make enough to be able to sponsor her solo (I am a full time student that is currently unemployed). I will be having a joint sponsor (my father) that I do live with and he does claim me on his taxes as a Dependant.

So, I understand I will have to fill out I-864 Joint Sponsor, with all the W-2, 1040's etc. (The past 3 years 2007-2010, I was working part-time but still did not have to cover the poverty guidelines) but my main question is, since I live at the same residence as my joint sponsor (Dad) will he have to fill out 1-864A or another I-864. We will be living with him as well when she arrives in the US. And is counted into my household count on my I-864?

Thanks A lot!

Can't edit my orignial post! :angry:

Last sentence should say "And is MY DAD counted into my household count on my I-864?"

Thanks again.

USCIS- (77 Days)
I-130 Sent : 04-05-2011
I-130 NOA1 : 04-08-2011
I-130 NOA2 : 06-24-2011

NVC- (29 Days)
NVC Received : 07-25-2011

NVC Case Closed: 08-23-2011
Medical/VFS/Interview
Interview Date Recieved: 09-02-2011
Medical Completed: 09-16-2011
VFS Fees Paid and Documents Submitted: 10-21-2011
Interview: 11-10-2011

Interview Status: Approved
Visa In Hand: 11-10-2011

USA

P.O.E- Chicago, IL: 12-16-11
Recieved Welcome Letter: 01-03-2012
Received Green Card: 01-19-2012
Re-applied for SSN: 01-23-2012
Received SSN: 01-27-2012

Apply for Removal of Conditions: 09-17-13

ROC- (112 Days)

I-751 Sent (CSC): 11-22-13

Check Cashed: 11-27-13

I-751 NOA1: 11-30-13

Biometrics: 12-23-13
Case Status: Approved
Green Card Issued: 3-14-14

Green Card In Hand: 3-20-14

CITIZENSHIP

Apply For N-400: 1-28-15

Check Cashed: 02-5-15

NOA: 02-11-15

Biometrics: 03-2-15

In Line Interview: 06-10-15

Interview: 07-20-15

Interview Status: Approved

Oath Ceremony: 08-20-15

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: India
Timeline

You are the main sponsor. He fills out I-864 A and counts as your household member. He still needs to include his taxes, W2's, pay stubs, employer letters as well as proof of his relationship to you and proof you live in the same residence.

Perfect thanks.

So I am guessing that for proof of same residence...can we use both of our Driver's Licenses, bills made out to us with the same address?

Proof of relationship to me, I am going to use my U.S. Birth Certificate, his name is on it.

USCIS- (77 Days)
I-130 Sent : 04-05-2011
I-130 NOA1 : 04-08-2011
I-130 NOA2 : 06-24-2011

NVC- (29 Days)
NVC Received : 07-25-2011

NVC Case Closed: 08-23-2011
Medical/VFS/Interview
Interview Date Recieved: 09-02-2011
Medical Completed: 09-16-2011
VFS Fees Paid and Documents Submitted: 10-21-2011
Interview: 11-10-2011

Interview Status: Approved
Visa In Hand: 11-10-2011

USA

P.O.E- Chicago, IL: 12-16-11
Recieved Welcome Letter: 01-03-2012
Received Green Card: 01-19-2012
Re-applied for SSN: 01-23-2012
Received SSN: 01-27-2012

Apply for Removal of Conditions: 09-17-13

ROC- (112 Days)

I-751 Sent (CSC): 11-22-13

Check Cashed: 11-27-13

I-751 NOA1: 11-30-13

Biometrics: 12-23-13
Case Status: Approved
Green Card Issued: 3-14-14

Green Card In Hand: 3-20-14

CITIZENSHIP

Apply For N-400: 1-28-15

Check Cashed: 02-5-15

NOA: 02-11-15

Biometrics: 03-2-15

In Line Interview: 06-10-15

Interview: 07-20-15

Interview Status: Approved

Oath Ceremony: 08-20-15

Link to comment
Share on other sites

Driver's licenses with matching addresses and a birth certificate would be perfect. Good luck!

England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

Link to comment
Share on other sites

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

I believe that in this instance where Dad is head of household and you are counted in that household (if he claimed you as a dependent on his 2010 return) that joint sponsor Dad ought to complete the I-864 rather than the I-864A.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: India
Timeline

I believe that in this instance where Dad is head of household and you are counted in that household (if he claimed you as a dependent on his 2010 return) that joint sponsor Dad ought to complete the I-864 rather than the I-864A.

I thought so too. Hmm... confused again. LOL.

USCIS- (77 Days)
I-130 Sent : 04-05-2011
I-130 NOA1 : 04-08-2011
I-130 NOA2 : 06-24-2011

NVC- (29 Days)
NVC Received : 07-25-2011

NVC Case Closed: 08-23-2011
Medical/VFS/Interview
Interview Date Recieved: 09-02-2011
Medical Completed: 09-16-2011
VFS Fees Paid and Documents Submitted: 10-21-2011
Interview: 11-10-2011

Interview Status: Approved
Visa In Hand: 11-10-2011

USA

P.O.E- Chicago, IL: 12-16-11
Recieved Welcome Letter: 01-03-2012
Received Green Card: 01-19-2012
Re-applied for SSN: 01-23-2012
Received SSN: 01-27-2012

Apply for Removal of Conditions: 09-17-13

ROC- (112 Days)

I-751 Sent (CSC): 11-22-13

Check Cashed: 11-27-13

I-751 NOA1: 11-30-13

Biometrics: 12-23-13
Case Status: Approved
Green Card Issued: 3-14-14

Green Card In Hand: 3-20-14

CITIZENSHIP

Apply For N-400: 1-28-15

Check Cashed: 02-5-15

NOA: 02-11-15

Biometrics: 03-2-15

In Line Interview: 06-10-15

Interview: 07-20-15

Interview Status: Approved

Oath Ceremony: 08-20-15

Link to comment
Share on other sites

Filed: Other Country: China
Timeline

I believe that in this instance where Dad is head of household and you are counted in that household (if he claimed you as a dependent on his 2010 return) that joint sponsor Dad ought to complete the I-864 rather than the I-864A.

That is correct. I-864 for each of you. You count in Dad's household but he does not count in yours. This is because Dad is the head of household. It's not that you "can't" do it the other way but we've seen the I-864a get rejected when the only qualified sponsor is the head of household. The reason, IMO, is that two I-864 forms is the only way that Dad, as head of household, gets HIS household size properly disclosed.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: India
Timeline

That is correct. I-864 for each of you. You count in Dad's household but he does not count in yours. This is because Dad is the head of household. It's not that you "can't" do it the other way but we've seen the I-864a get rejected when the only qualified sponsor is the head of household. The reason, IMO, is that two I-864 forms is the only way that Dad, as head of household, gets HIS household size properly disclosed.

I thought this was the correct way of doing it just from reading the documents, but I just wanted to make sure.

So, just to make this clear. Currently the household consists of myself, my father and mother and soon to be my wife.

So on my I-864...I would have my wife and my mother and myself...which is a total of 3.

On Dad's I-864...I would have My Dad, My Mom, myself and my wife? Or would my wife be exempt on this?

Also, How would I go about this in terms of a cover letter to NVC?

Thanks so much!

Edited by Dave and Kinnari

USCIS- (77 Days)
I-130 Sent : 04-05-2011
I-130 NOA1 : 04-08-2011
I-130 NOA2 : 06-24-2011

NVC- (29 Days)
NVC Received : 07-25-2011

NVC Case Closed: 08-23-2011
Medical/VFS/Interview
Interview Date Recieved: 09-02-2011
Medical Completed: 09-16-2011
VFS Fees Paid and Documents Submitted: 10-21-2011
Interview: 11-10-2011

Interview Status: Approved
Visa In Hand: 11-10-2011

USA

P.O.E- Chicago, IL: 12-16-11
Recieved Welcome Letter: 01-03-2012
Received Green Card: 01-19-2012
Re-applied for SSN: 01-23-2012
Received SSN: 01-27-2012

Apply for Removal of Conditions: 09-17-13

ROC- (112 Days)

I-751 Sent (CSC): 11-22-13

Check Cashed: 11-27-13

I-751 NOA1: 11-30-13

Biometrics: 12-23-13
Case Status: Approved
Green Card Issued: 3-14-14

Green Card In Hand: 3-20-14

CITIZENSHIP

Apply For N-400: 1-28-15

Check Cashed: 02-5-15

NOA: 02-11-15

Biometrics: 03-2-15

In Line Interview: 06-10-15

Interview: 07-20-15

Interview Status: Approved

Oath Ceremony: 08-20-15

Link to comment
Share on other sites

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

Your household is you and your wife. Total of 2

Dad's household is Dad, Mom, You (if you were claimed on the 2010 tax return by your parents) and your wife. Total of 4. If there are more dependent children in your parents' family they would also be added to the count.

Cover letter is simple. Your dad is being submitted as joint sponsor.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: India
Timeline

Thanks! I appreciate it!

USCIS- (77 Days)
I-130 Sent : 04-05-2011
I-130 NOA1 : 04-08-2011
I-130 NOA2 : 06-24-2011

NVC- (29 Days)
NVC Received : 07-25-2011

NVC Case Closed: 08-23-2011
Medical/VFS/Interview
Interview Date Recieved: 09-02-2011
Medical Completed: 09-16-2011
VFS Fees Paid and Documents Submitted: 10-21-2011
Interview: 11-10-2011

Interview Status: Approved
Visa In Hand: 11-10-2011

USA

P.O.E- Chicago, IL: 12-16-11
Recieved Welcome Letter: 01-03-2012
Received Green Card: 01-19-2012
Re-applied for SSN: 01-23-2012
Received SSN: 01-27-2012

Apply for Removal of Conditions: 09-17-13

ROC- (112 Days)

I-751 Sent (CSC): 11-22-13

Check Cashed: 11-27-13

I-751 NOA1: 11-30-13

Biometrics: 12-23-13
Case Status: Approved
Green Card Issued: 3-14-14

Green Card In Hand: 3-20-14

CITIZENSHIP

Apply For N-400: 1-28-15

Check Cashed: 02-5-15

NOA: 02-11-15

Biometrics: 03-2-15

In Line Interview: 06-10-15

Interview: 07-20-15

Interview Status: Approved

Oath Ceremony: 08-20-15

Link to comment
Share on other sites

Filed: Other Country: China
Timeline

Your household is you and your wife. Total of 2

Dad's household is Dad, Mom, You (if you were claimed on the 2010 tax return by your parents) and your wife. Total of 4. If there are more dependent children in your parents' family they would also be added to the count.

Cover letter is simple. Your dad is being submitted as joint sponsor.

Correct. This petitioner has household of only two. Dad counts mom, any and all dependents and the intending immigrant.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: India
Timeline

So for Sponsor's household size...

A. Enter the number you entered on line 10...with is 01 (The Principal Immgirant)

B. Yourself...that is 01.

C. If you are currently married....which I am to my wife who is the pricipal immigrant that would make it 01 again. BUT, its says to not count anyone twice. So what do I do here? Leave it blank?

USCIS- (77 Days)
I-130 Sent : 04-05-2011
I-130 NOA1 : 04-08-2011
I-130 NOA2 : 06-24-2011

NVC- (29 Days)
NVC Received : 07-25-2011

NVC Case Closed: 08-23-2011
Medical/VFS/Interview
Interview Date Recieved: 09-02-2011
Medical Completed: 09-16-2011
VFS Fees Paid and Documents Submitted: 10-21-2011
Interview: 11-10-2011

Interview Status: Approved
Visa In Hand: 11-10-2011

USA

P.O.E- Chicago, IL: 12-16-11
Recieved Welcome Letter: 01-03-2012
Received Green Card: 01-19-2012
Re-applied for SSN: 01-23-2012
Received SSN: 01-27-2012

Apply for Removal of Conditions: 09-17-13

ROC- (112 Days)

I-751 Sent (CSC): 11-22-13

Check Cashed: 11-27-13

I-751 NOA1: 11-30-13

Biometrics: 12-23-13
Case Status: Approved
Green Card Issued: 3-14-14

Green Card In Hand: 3-20-14

CITIZENSHIP

Apply For N-400: 1-28-15

Check Cashed: 02-5-15

NOA: 02-11-15

Biometrics: 03-2-15

In Line Interview: 06-10-15

Interview: 07-20-15

Interview Status: Approved

Oath Ceremony: 08-20-15

Link to comment
Share on other sites

Filed: Other Country: China
Timeline

So for Sponsor's household size...

A. Enter the number you entered on line 10...with is 01 (The Principal Immgirant)

B. Yourself...that is 01.

C. If you are currently married....which I am to my wife who is the pricipal immigrant that would make it 01 again. BUT, its says to not count anyone twice. So what do I do here? Leave it blank?

Yes, leave it blank on yours. If the joint sponsor is married they will count their spouse (also once) in this section but THEIR spouse is not already counted as the intending immigrant.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: India
Timeline

Yes, leave it blank on yours. If the joint sponsor is married they will count their spouse (also once) in this section but THEIR spouse is not already counted as the intending immigrant.

Gotcha.

So to recap what I have done.

I (Primay Sponsor) have filled out i-864 with myself and my wife (Principal Immigrant) as my household size...total of 2.

My father (Joint Sponsor) has filled out i-864 with myself, my wife (principal immigrant) my mother and himself as his household size...total of 4.

I'm glad that I am doing this wayyyyyy ahead of time, it can get confusing, more so after you have read the forms a dozen times :wacko:. I haven't even cleared NOA1 1 month yet... but I am ready for all the steps for NVC now.

Thanks for all the help!

Edited by Dave and Kinnari

USCIS- (77 Days)
I-130 Sent : 04-05-2011
I-130 NOA1 : 04-08-2011
I-130 NOA2 : 06-24-2011

NVC- (29 Days)
NVC Received : 07-25-2011

NVC Case Closed: 08-23-2011
Medical/VFS/Interview
Interview Date Recieved: 09-02-2011
Medical Completed: 09-16-2011
VFS Fees Paid and Documents Submitted: 10-21-2011
Interview: 11-10-2011

Interview Status: Approved
Visa In Hand: 11-10-2011

USA

P.O.E- Chicago, IL: 12-16-11
Recieved Welcome Letter: 01-03-2012
Received Green Card: 01-19-2012
Re-applied for SSN: 01-23-2012
Received SSN: 01-27-2012

Apply for Removal of Conditions: 09-17-13

ROC- (112 Days)

I-751 Sent (CSC): 11-22-13

Check Cashed: 11-27-13

I-751 NOA1: 11-30-13

Biometrics: 12-23-13
Case Status: Approved
Green Card Issued: 3-14-14

Green Card In Hand: 3-20-14

CITIZENSHIP

Apply For N-400: 1-28-15

Check Cashed: 02-5-15

NOA: 02-11-15

Biometrics: 03-2-15

In Line Interview: 06-10-15

Interview: 07-20-15

Interview Status: Approved

Oath Ceremony: 08-20-15

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...