i-864/864a General Question & #24 Question

[Know_Ledge 6]

It's still the clarity issue because of my parent's filing their taxes jointly. Regardless of the fact that my mom makes enough for both 3 and 4 people, will it hurt to have my dad's income included in 24b?

If you're using your dad's income, then your mom will have to include it in 24b and the total in 24c plus his i-864a.

Use his income, to alleviate any problems (just as u said)

[Navyk 78]

I hope you are clear with Item 24.

reagrading Item 21 of your I-864, your need to fill "0" in 21 C becuase your wife is not currently being supported and is not in US yet - she is being sponsored in your I-864. Also read the Item 21 carefully, which states "Do not count anyone twice", so if you enter "1" in 21 c, then you will be counting your wife twice. Hope this explains Item 21.

[Tim Corbin 0]

I hope you are clear with Item 24.

reagrading Item 21 of your I-864, your need to fill "0" in 21 C becuase your wife is not currently being supported and is not in US yet - she is being sponsored in your I-864. Also read the Item 21 carefully, which states "Do not count anyone twice", so if you enter "1" in 21 c, then you will be counting your wife twice. Hope this explains Item 21.

Well the issue is that "don't enter anyone twice" and "put your spouse here" are incompatible and contradictory statements (without an explanation like the one you provided). I totally agree with you, but how would someone really know what they meant? Like I said, I agree with you, but the gov't could seriously be more clear - not that I'm the first one to say this.

[Navyk 78]

We all learned from ours as well as the experiences of others who shared here at VJ. This is the basic purpose of the VJ forum - share experiences and help one another.

Yes, that it is what government meant - they could have drafted it better - just think of a case where you are sponsoring someone else (not your wife) and your wife is already here in US. Then the someone else is counted once in item 10 and your wife is counted once as you enter 1 in 21 C. But in this case your wife is already counted once in Item 10, so Government meant that you don't count her twice by entering her again in 21 c and hence the caution "Do not enter anyone twice".

[pushbrk 13,611]

Well the issue is that "don't enter anyone twice" and "put your spouse here" are incompatible and contradictory statements (without an explanation like the one you provided). I totally agree with you, but how would someone really know what they meant? Like I said, I agree with you, but the gov't could seriously be more clear - not that I'm the first one to say this.

Actually, they are very clear about not counting anybody twice and clearly when the spouse is the intending immigrant it's counter-intuitive to leave the spouse square blank. Bear in mind that the affidavit is used for more than spouse cases, so your mother will count your spouse as the intending immigrant and HER spouse, your father, as her spouse because she's sponsoring YOUR spouse, not hers.

[Tim Corbin 0]

Actually, they are very clear about not counting anybody twice and clearly when the spouse is the intending immigrant it's counter-intuitive to leave the spouse square blank. Bear in mind that the affidavit is used for more than spouse cases, so your mother will count your spouse as the intending immigrant and HER spouse, your father, as her spouse because she's sponsoring YOUR spouse, not hers.

Right, in that situation it makes sense, but again, for anyone who's spouse is the immigrant, it doesn't make sense. The moral of the story is: you've helped me figure this out, thanks!.

We all learned from ours as well as the experiences of others who shared here at VJ. This is the basic purpose of the VJ forum - share experiences and help one another.

Yes, that it is what government meant - they could have drafted it better - just think of a case where you are sponsoring someone else (not your wife) and your wife is already here in US. Then the someone else is counted once in item 10 and your wife is counted once as you enter 1 in 21 C. But in this case your wife is already counted once in Item 10, so Government meant that you don't count her twice by entering her again in 21 c and hence the caution "Do not enter anyone twice".

Totally, that makes sense. Why don't they hire you to redraft these documents?

Edited July 8, 2011 by Tim Corbin

[bigdog 377]

I'm a USC, my wife is Chinese and we filed the I-130 via DCF in Beijing at the beginning of June. Everything's going well so far. We didn't front load the financial info, so we're getting it all ready now, as her P3 should show up soon. Here's what we're planning for the financial affidavits.

I don't make enough money so:

I will file an i-864

My mother will file an i-864 as a joint sponsor

My father will file an i-864a as a co-sponsor since my parents file joint taxes (I wanna play it on the safe side, since they file jointly, and have him file an i-864a, even though my mother makes enough)

So, the question is:

On the i-864 Question 24:

Line a. should be: My income

Line b. should be: My father's income?? What about my mother's income??

Is this the best course of action overall?

Thanks!

Tim & Yan

Form from mother only as she makes enough money, you're income is on A Q 24. They know their stuff in GZ follow the rules and forms.

[Tim Corbin 0]

Form from mother only as she makes enough money, you're income is on A Q 24. They know their stuff in GZ follow the rules and forms.

Right, but that still takes us back to the issue of: other people have been denied because their parents filed their taxes jointly but only one parent filled out a i-864/i-864a.

Ultimately, it's an issue of subjectivity and potential improper interpretation on the part of the visa officer, but it's the reality of the situation, better to be safe than sorry.

[Anh map 2,098]

Yeah, I just don't understand how they figured you can "not count anyone twice" if the sponsored immigrant is also the spouse of the sponsor. Go US Gov't!

Line 21a is about person being sponsored in the affidavit. Your spouse is being sponsored and is counted here.

Lines 21b -21g are persons NOT sponsored in the affidavit. Your spouse cannot be entered in any of those lines because she IS being sponsored in the affidavit.

The relevant distinction is who is being sponsored, not their relation to you (or the joint sponsor).

[LBeachey 46]

It's still the clarity issue because of my parent's filing their taxes jointly. Regardless of the fact that my mom makes enough for both 3 and 4 people, will it hurt to have my dad's income included in 24b?

Thanks for your help thus far!

My take, while the consulate can not reject the affidavit if your mother can show sufficient income. Depending on what your mother vs. father make, the VO might question why your mother is the sponsor and not your father. I think having both of them be a sponsor shows that both are supportive of the marriage which helps to establish the legitimacy of the marriage in the VO's eyes.

[Tim Corbin 0]

My take, while the consulate can not reject the affidavit if your mother can show sufficient income. Depending on what your mother vs. father make, the VO might question why your mother is the sponsor and not your father. I think having both of them be a sponsor shows that both are supportive of the marriage which helps to establish the legitimacy of the marriage in the VO's eyes.

That's a really good point Beachey, I hadn't thought of it that way.

[Tim Corbin 0]

Line 21a is about person being sponsored in the affidavit. Your spouse is being sponsored and is counted here.

Lines 21b -21g are persons NOT sponsored in the affidavit. Your spouse cannot be entered in any of those lines because she IS being sponsored in the affidavit.

The relevant distinction is who is being sponsored, not their relation to you (or the joint sponsor).

It all makes sense when it's explained. Thanks for your help.

[Anh map 2,098]

My take, while the consulate can not reject the affidavit if your mother can show sufficient income. Depending on what your mother vs. father make, the VO might question why your mother is the sponsor and not your father. I think having both of them be a sponsor shows that both are supportive of the marriage which helps to establish the legitimacy of the marriage in the VO's eyes.

For the US citizen the approval of parents has no impact.

The reason that some CO's have requested an 864A from the joint sponsor's spouse (when the joint sponsor has sufficient income) is to verify that the spouse is aware of the financial obligation being undertaken.