i864 OR i864A

[Ankitc 0]

Hi ,

I have received my interview letter and I will have to re-submit form i864 at the interview because NVC has closed my case and asked me to submit the require forms at the interview.

Here is What I have sent

My wife have filed i864 but she does not make enough to be able to sponsor me So I have a joint sponsor My father in law

They both have the same address and my wife lives with his father and he claims her as a dependent.

My question is, since my wife lives at the same residence as my joint sponsor(her dad)will he have to fill out 1-864A or another I-864?

Earlier I have sent i864 filed by my wife and another i864 files by my father in law and NVC have reviewed the forms and sent checklist letter to me

Checklist for I-864 (filed by the petitioner my wife)

Supporting Documents missing or incomplete

Part 8 Sponsor's Contract

[x] The sponsor's signature must be original.

[x] The sponsor's signature must be in blue or black pen.

Checklist for I-864 (filed by the joint sponsor my father in law)

Supporting Documents missing or incomplete

Part 6 Sponsor's Income and Employment

[x] Name Of Joint Sponsor's income indicated on the I-864 Part 25 does not correspond to that

shown on the most recent tax return and W-2(s).

My Father in law is filling taxes jointly with her wife so I will need to make this correction ?

Question 23. My current individual annual income is: 39k $ (from W2)

Question 25. Federal income tax return information. My total income (adjusted gross income on IRS) : 60k

Another twist is that today I went to meet an immigrant lawyer in my town and show him the corrected i864 form While he was looking at the forms he asked me that does your wife and his father live in the same house ? I replied yes

Then he said that Your affidavit of support forms will be denied

You need i864 filed by the petitioner (my wife) and i864a filed by the joint sponsor (my father in law)

I am totally lost and confused right now coz a member have suggested

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.

Can anyone please guide me in the right direction ?

Thanks,

Ankit C

[Navyk 78]

Hi ,

I have received my interview letter and I will have to re-submit form i864 at the interview because NVC has closed my case and asked me to submit the require forms at the interview.

Here is What I have sent

My wife have filed i864 but she does not make enough to be able to sponsor me So I have a joint sponsor My father in law

They both have the same address and my wife lives with his father and he claims her as a dependent.

My question is, since my wife lives at the same residence as my joint sponsor(her dad)will he have to fill out 1-864A or another I-864?

Earlier I have sent i864 filed by my wife and another i864 files by my father in law and NVC have reviewed the forms and sent checklist letter to me

Checklist for I-864 (filed by the petitioner my wife)

Supporting Documents missing or incomplete

Part 8 Sponsor's Contract

[x] The sponsor's signature must be original.

[x] The sponsor's signature must be in blue or black pen.

Checklist for I-864 (filed by the joint sponsor my father in law)

Supporting Documents missing or incomplete

Part 6 Sponsor's Income and Employment

[x] Name Of Joint Sponsor's income indicated on the I-864 Part 25 does not correspond to that

shown on the most recent tax return and W-2(s).

My Father in law is filling taxes jointly with her wife so I will need to make this correction ?

Question 23. My current individual annual income is: 39k $ (from W2)

Question 25. Federal income tax return information. My total income (adjusted gross income on IRS) : 60k

Another twist is that today I went to meet an immigrant lawyer in my town and show him the corrected i864 form While he was looking at the forms he asked me that does your wife and his father live in the same house ? I replied yes

Then he said that Your affidavit of support forms will be denied

You need i864 filed by the petitioner (my wife) and i864a filed by the joint sponsor (my father in law)

I am totally lost and confused right now coz a member have suggested

Can anyone please guide me in the right direction ?

Thanks,

Ankit C

1. Your wife must file I-864.
2. Your father-in-law neds to file I-864A (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0c7e8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD).
3. I suggest that you ask your father-in-law to use the following link and get his IRS Tax Transcripts (http://www.tusculum.edu/faid/forms/TaxTranscriptRequest.pdf).
4. Ask your father-in-law to sign using a good blue ink pen.
5. The form I-864A item 11 has the 2010, 2009 & 2008 total income details to be filled in. These details will be different from your father-in-law's individual salaray as he files his returns with your mother-in-law jointly, so it is good to include w-2 of both of them and explain the same in an explanation letter. There is no need for your mother-in-law to join the sponsorship.
6. If you still have questions, let me know.

[Ankitc 0]

Your father-in-law neds to file I-864A (http://www.uscis.gov...00045f3d6a1RCRD).

Even If My wife is dependent on his tax returns ?

Other vj members have some different view

See this post

We Have had sent i864 filed by my wife and i864 filed by my father in law and NVC has sent a checklist letter.

Can we submit the new i864 and i864a to the Mumbai consular via VSF ?

Thanks

[SandMax 1]

In my case, I filed an I864 and my mother (same household) filed an I864 as well. We did send copies of her W-2's and paycheck stubs as she files joint with my father and we had to prove that her income alone was enough to sponsor my husband. However, if my dad's income was also needed (which is wasn't) then he would have had to file an I864A as their income was combined.

I've seen it either way, but it looks like they're just asking for proof that the father's income alone is sufficient.

Good luck.

[Navyk 78]

Even If My wife is dependent on his tax returns ?

Other vj members have some different view

See this post

We Have had sent i864 filed by my wife and i864 filed by my father in law and NVC has sent a checklist letter.

Can we submit the new i864 and i864a to the Mumbai consular via VSF ?

Thanks

It is always safer to file I-864. I suggest that you take both I-864 and I-864A to the US consulate just in case.........

[Dave and Kinnari 31]

Thats my thread and I have confirmed it with NVC as well that I should file for I-864 and not I-864A.

I suggest you do what NavyK has suggested. Take both completed forms with you to the Intreview.

[Dave and Kinnari 31]

On the co-sponsor i-864 does you Father in Law and Mother in Law file a joint claim?

Are you using both of their income to pass the poverty lines?

If you are only using your father in laws income and it is a joint return you MUST include his W-2's/Paystubs so the reviewing officer can break the income apart to be able to see if his income alone can sponsor you.

Edited August 1, 2011 by Dave and Kinnari

[Ankitc 0]

Thats my thread and I have confirmed it with NVC as well that I should file for I-864 and not I-864A.

I suggest you do what NavyK has suggested. Take both completed forms with you to the Intreview.

I will have to submit the required documents (AOS,PCC,Medical etc) to VFS office prior my interview date.

Thanks

[Dave and Kinnari 31]

I will have to submit the required documents (AOS,PCC,Medical etc) to VFS office prior my interview date.

Thanks

That is correct. I forgot about VFS. Submit both forms if you are still unsure which path to take.

[Ankitc 0]

Are you using both of their income to pass the poverty lines?

If you are only using your father in laws income and it is a joint return you MUST include his W-2's/Paystubs so the reviewing officer can break the income apart to be able to see if his income alone can sponsor you.

No I am using only my father in law's income.

I have last three years w2 and tax return transcripts of my wife, my father in law and also my mother in law.But right now I am trying to figure out which form to use for co/joint sponsor.

Thanks again

[Dave and Kinnari 31]

No I am using only my father in law's income.

I have last three years w2 and tax return transcripts of my wife, my father in law and also my mother in law.But right now I am trying to figure out which form to use for co/joint sponsor.

Thanks again

Did you submit this to NVC originally? Both of the joint tax return W2's so they officer can break the incomes apart?

[Ankitc 0]

That is correct. I forgot about VFS. Submit both forms if you are still unsure which path to take.

Will have to make sure with VFS about that.

I dont know if they will accept 2 AOS documents or not.

Regards

[Dave and Kinnari 31]

Will have to make sure with VFS about that.

I dont know if they will accept 2 AOS documents or not.

Regards

You still can carry in those docs with you. There is no rule against that.

[Navyk 78]

Did you submit this to NVC originally? Both of the joint tax return W2's so they officer can break the incomes apart?

File I-864 - leave 24 b blank, as your father-in-laws income is sufficient (27,937 for 4 - FIL, MIL, Wife and you). you mentioned it to be 39,000. I-864 is the safest to use in case of any doubt. Yes include copies of your FIL's W-2s.

[Ankitc 0]

Did you submit this to NVC originally? Both of the joint tax return W2's so they officer can break the incomes apart?

Yes I have

From My earlier Post

Earlier I have sent i864 filed by my wife and another i864 files by my father in law and NVC have reviewed the forms and sent checklist letter to me

Checklist for I-864 (filed by the petitioner my wife)

Supporting Documents missing or incomplete

Part 8 Sponsor's Contract

[x] The sponsor's signature must be original.

[x] The sponsor's signature must be in blue or black pen.

Checklist for I-864 (filed by the joint sponsor my father in law)

Supporting Documents missing or incomplete

Part 6 Sponsor's Income and Employment

[x] Name Of Joint Sponsor's income indicated on the I-864 Part 25 does not correspond to that

shown on the most recent tax return and W-2(s).

My Father in law is filling taxes jointly with her wife so I will need to make this correction ?

Question 23. My current individual annual income is: 39k $ (from W2)

Question 25. Federal income tax return information. My total income (adjusted gross income on IRS) : 60k