I-864

[len ben 12]

Good day all!

My husband and I are set to have an interview on July 11th here in Manila Philippines, but we still have to complete our I-864 forms. We filed CR-1 DCF here in Manila because he is living here for the past three years now because he is currently studying. He decided to take up nursing after he was laid off from work last 2008. WE met each other in school last 2009, got married December 2010 and is now expecting a baby.

My questions are:

1. What do we attach to the I-864 if he is not working for the past 3 years? From what I read, we need to attach w2 and ITR on his i-864 but as I've said, he is currently not working.

2. Since my in-laws are providing the annual income requirement and we (me and my husband) will be staying at their house when we get there, what forms should they fill out? is it 1-864 or i-864a because they belong to our household?

3. My in-laws are also filing joint taxes, should they sign 2 forms i-864/a or just one? What other document should be attached onto their form/s?

4. Do we need additional proof of income/property? just to be on the safe side?

[frenchphenom5 0]

Hi, the 864/a is always a source of confusion. If you do a quick search on the forum you can find other topics and other questions that people have asked. But, it's also good to make your own thread like you did now. I'm no expert, but I just did this so I'll do my best to help you out.

1. They just want the 3 most recent years when you filed taxes. When I did it, I didn't give them 2010 because we filed for a tax extension. So they got the tax transcripts from 2009, 2008 and 2007. I did however provide my w2s from 2010 along with the irs acknowledgement of my extension along with the tax extension form.

2. Both your husband (he's the USC?) and his father need to fill out separate 864 forms.

3. His father will fill out a i-864 and then his mother can fill out an accompanying i-864a form, but this is with regard to her husband's 864 because they filed jointly.

4. If you have bank accounts together, I suggest getting a print out of the latest bank statement where both of your names are visible. Maybe the past 3 months to be safe.

That's my best on the 864 stuff. But there's lots of other posts on it, and there's some good information, including questions and answers.

Hope it helps!

[len ben 12]

Hi, the 864/a is always a source of confusion. If you do a quick search on the forum you can find other topics and other questions that people have asked. But, it's also good to make your own thread like you did now. I'm no expert, but I just did this so I'll do my best to help you out.

1. They just want the 3 most recent years when you filed taxes. When I did it, I didn't give them 2010 because we filed for a tax extension. So they got the tax transcripts from 2009, 2008 and 2007. I did however provide my w2s from 2010 along with the irs acknowledgement of my extension along with the tax extension form.

2. Both your husband (he's the USC?) and his father need to fill out separate 864 forms.

3. His father will fill out a i-864 and then his mother can fill out an accompanying i-864a form, but this is with regard to her husband's 864 because they filed jointly.

4. If you have bank accounts together, I suggest getting a print out of the latest bank statement where both of your names are visible. Maybe the past 3 months to be safe.

That's my best on the 864 stuff. But there's lots of other posts on it, and there's some good information, including questions and answers.

Hope it helps!

Thank you!

But what if he has not worked for the past years coz he's been laid off last 2008 and he is now studying?

[Penguin_ie 5,986]

Your husband is still the primary sponsor and will need to fill in the I-864. Instead of tax filings, he can submit a letter explaining why he was not required to file.

[len ben 12]

Your husband is still the primary sponsor and will need to fill in the I-864. Instead of tax filings, he can submit a letter explaining why he was not required to file.

Oh okay, the letter that we have to attach to the form, does it have to be notarized? or we just have to site the appropriate publication which says that he is not required to file for taxes?

[Penguin_ie 5,986]

No need to notarise.

[len ben 12]

Hi, the 864/a is always a source of confusion. If you do a quick search on the forum you can find other topics and other questions that people have asked. But, it's also good to make your own thread like you did now. I'm no expert, but I just did this so I'll do my best to help you out.

1. They just want the 3 most recent years when you filed taxes. When I did it, I didn't give them 2010 because we filed for a tax extension. So they got the tax transcripts from 2009, 2008 and 2007. I did however provide my w2s from 2010 along with the irs acknowledgement of my extension along with the tax extension form.

2. Both your husband (he's the USC?) and his father need to fill out separate 864 forms.

3. His father will fill out a i-864 and then his mother can fill out an accompanying i-864a form, but this is with regard to her husband's 864 because they filed jointly.

4. If you have bank accounts together, I suggest getting a print out of the latest bank statement where both of your names are visible. Maybe the past 3 months to be safe.

That's my best on the 864 stuff. But there's lots of other posts on it, and there's some good information, including questions and answers.

Hope it helps!

- yes. my husband is the US citizen. my follow up question is, why does his father need to fill out a separate i-864 form? My husband and his parents still lives in the same house, so from my understanding, his father and mother (since they file joint taxes) they have to fill i-864A.

please anyone???

No need to notarise.

why does his father need to fill out a separate i-864 form? My husband and his parents still lives in the same house, so from my understanding, his father and mother (since they file joint taxes) they have to fill i-864A.

please anyone???

[frenchphenom5 0]

I'm not entirely sure on the "why they both need to fill out an i-864." They just do. Your husband needs to fill out an i-864 because he is the primary sponsor, but since he doesn't make enough to fulfill the financial requirement he needs another sponsor, which is his dad.

Like I said, I was in a somewhat similar situation, 'cause Grad Students make little to nothing, I had to get my Dad to be a joint-sponsor to fulfill the 864 requirements. I filled one out (864), my dad filled one out (864) and since my mom and dad file taxes jointly my mother filled out an 864a.

Sorry I can't give you the logic behind it all, it's just what I did, and from what I've read a lot of other people have had to do as well. I know a few months ago there was someone who filed, and his joint-sponsor (one of his parents) filled out the 864a instead of the 864. When the USC went to the Embassy they turned him down because they said they needed a 864 from his joint-sponsor...

[len ben 12]

I'm not entirely sure on the "why they both need to fill out an i-864." They just do. Your husband needs to fill out an i-864 because he is the primary sponsor, but since he doesn't make enough to fulfill the financial requirement he needs another sponsor, which is his dad.

Like I said, I was in a somewhat similar situation, 'cause Grad Students make little to nothing, I had to get my Dad to be a joint-sponsor to fulfill the 864 requirements. I filled one out (864), my dad filled one out (864) and since my mom and dad file taxes jointly my mother filled out an 864a.

Sorry I can't give you the logic behind it all, it's just what I did, and from what I've read a lot of other people have had to do as well. I know a few months ago there was someone who filed, and his joint-sponsor (one of his parents) filled out the 864a instead of the 864. When the USC went to the Embassy they turned him down because they said they needed a 864 from his joint-sponsor...

Ok. I'm asking because the father is already part of the household that we are going to live in, thereby, my petitioner already included his father in PART 6, #24 question. So, that's the reason which made me ask why. From what I understand a joint sponsor is required to fill out i-864 because they live in a separate house, different addresses. But if they live together, the father is now part of the household, which will make him the household member, thus you have to write his name under part6, question 24, according to the instructions, you just need to provide recent taxes filed for the previous year, proof of relationship to the household member and proof that they actually live under the same roof.

[frenchphenom5 0]

Okay, I see what you are saying now. I don't remember what I wrote there. I'd definitely do a search on other 864 posts on the forum and see what people said.

My only guess as to why they both have to fill one out is because his dad is the head of the household. But, this is definitely out of my league of expertise.

Can anyone shed some light on this topic!?