i864 or i864a

[chance3349 0]

I have got some suggestions on this but I wanted to make sure with other VJ members.

This is my scenario:

I want to give a small background so both of us are on the same page:

I am on F1 visa. I married a US citizen on December of 2010. Right now both of us have been living with my in-laws until we stand on our feet financially. My USC wife doesn't have enough income so my father-in-law is willing to sponsor me along with my wife. My USC wife is filling out i864 and my father-in law is filling out i864A. My FIL makes well enough to support me and is well above the poverty guideline. ($90k/year income)

In the house there are 4 members: My in-laws, myself and my wife who is a US citizen.

MY QUESTION:

1. In i864 Part 5-section 21 g, do I have to include my mother-in law as well who is NOT combining her income but is living in the same residence? Because in that section it says : If you have siblings, parents, or adult children with the same principal residence who are COMBINING their income with yours by submitting Form I-864A, enter the number here." Only my father-in law is combining his income so I was thinking of putting "1" in that box.

This is how my section 21 looks now:

21 a: "1" (for myself)

21 b: "1" (for my USC wife)

21 c: "None" (because I am already counted in 21 a)

21 g: "1" (for my FIL who is combining his income and filling out i864A)

Total: "3" BUT we have 4 people living in the house. The household size is not correct.

2. Is it ok if my FIL fills out i864 instead of i864A even though he is living in the same house?

Thank you so much.

[pushbrk 12,978]

I have got some suggestions on this but I wanted to make sure with other VJ members.

This is my scenario:

I want to give a small background so both of us are on the same page:

I am on F1 visa. I married a US citizen on December of 2010. Right now both of us have been living with my in-laws until we stand on our feet financially. My USC wife doesn't have enough income so my father-in-law is willing to sponsor me along with my wife. My USC wife is filling out i864 and my father-in law is filling out i864A. My FIL makes well enough to support me and is well above the poverty guideline. ($90k/year income)

In the house there are 4 members: My in-laws, myself and my wife who is a US citizen.

MY QUESTION:

1. In i864 Part 5-section 21 g, do I have to include my mother-in law as well who is NOT combining her income but is living in the same residence? Because in that section it says : If you have siblings, parents, or adult children with the same principal residence who are COMBINING their income with yours by submitting Form I-864A, enter the number here." Only my father-in law is combining his income so I was thinking of putting "1" in that box.

This is how my section 21 looks now:

21 a: "1" (for myself)

21 b: "1" (for my USC wife)

21 c: "None" (because I am already counted in 21 a)

21 g: "1" (for my FIL who is combining his income and filling out i864A)

Total: "3" BUT we have 4 people living in the house. The household size is not correct.

2. Is it ok if my FIL fills out i864 instead of i864A even though he is living in the same house?

Thank you so much.

Yes, your FIL should provide an I-864 in addition to one from your wife. This is because as head of household, only an I-864 will properly count HIS household size. In this case, income is NOT combined.

[chance3349 0]

Yes, your FIL should provide an I-864 in addition to one from your wife. This is because as head of household, only an I-864 will properly count HIS household size. In this case, income is NOT combined.

Thank you for the reply pushbrk. Just making sure to double check. Since, my in laws filed joint tax return and my FIL's income is enough to sponsor, can I separate FIL's income only from tax return and use that and attach his W2's as an evidence?

I hope the same household member filling out i864 instead of i864A won't be a problem. What's your opinion on it?

[pushbrk 12,978]

Thank you for the reply pushbrk. Just making sure to double check. Since, my in laws filed joint tax return and my FIL's income is enough to sponsor, can I separate FIL's income only from tax return and use that and attach his W2's as an evidence?

I hope the same household member filling out i864 instead of i864A won't be a problem. What's your opinion on it?

Yes, in a situation with a joint tax return, state only the sponsor's income and use a complete tax return with W2 forms to document the individual income. For your second question, obviously I already gave you my opinion on it. If it were a problem, I wouldn't have recommended it.

[chance3349 0]

Yes, in a situation with a joint tax return, state only the sponsor's income and use a complete tax return with W2 forms to document the individual income. For your second question, obviously I already gave you my opinion on it. If it were a problem, I wouldn't have recommended it.

Thank you so much. I really appreciate your replies.