Form I-864 Joint Sponsor help!

[raheelc 0]

Hi,

So I'm pretty confused about what to do with form I-864. The situation is as follows:

-I am applying for a green card for my wife

-I have not filed any taxes to date

-My father will be the joint sponsor

So here is where the confusion starts. I know i have to fill out a form I-864 myself, and that it will subsequently fail due to no income/tax returns. So the Joint sponsor in my case will be my father. So he will also fill out a form I-864. Now what im getting confused about is that, since my father and mother file taxes jointly, does my mother need to fill out and sign a form I-864A? (my father will be the sponsor on that form and my mother will be the household member)

So should my forms be like this:

----Form I-864 filled by me (which will fail)

----Form I-864 filled by my father (which should pass)

----Form I-864A filled by my mother and signed by her

Is that correct?

Also, a few more questions. On my form I-864, I only need to show my household size as 2 Correct? (me and my wife)

On my fathers I-864 should the household size be three or four? (three would be my father, my mother, and my wife...and if its four it would include me as a dependant child), we do live together.

Any help would be really helpful!!

Thanks!

[maiortum 6]

Hi,

So I'm pretty confused about what to do with form I-864. The situation is as follows:

-I am applying for a green card for my wife

-I have not filed any taxes to date

-My father will be the joint sponsor

So here is where the confusion starts. I know i have to fill out a form I-864 myself, and that it will subsequently fail due to no income/tax returns. So the Joint sponsor in my case will be my father. So he will also fill out a form I-864. Now what im getting confused about is that, since my father and mother file taxes jointly, does my mother need to fill out and sign a form I-864A? (my father will be the sponsor on that form and my mother will be the household member)

So should my forms be like this:

----Form I-864 filled by me (which will fail)

----Form I-864 filled by my father (which should pass)

----Form I-864A filled by my mother and signed by her

Is that correct?

Also, a few more questions. On my form I-864, I only need to show my household size as 2 Correct? (me and my wife)

On my fathers I-864 should the household size be three or four? (three would be my father, my mother, and my wife...and if its four it would include me as a dependant child), we do live together.

Any help would be really helpful!!

Thanks!

In the classic analysis, I-864 is a legal contract that the sponsor signs unilaterally and the contract holder is US Government. If the beneficiary becomes a Public Charge (welfare etc.) the Govt can demand reimbursement. Now the other issue is whether the income stated in the I-864 is sufficient? Here the test is size of household. Which includes all persons living at that address. Some folks can get themselves in hot water if they understate the true size of their household or do not disclose the true income. Not filing income tax returns is another issue. All of these issues are held to scrutiny independently. Good Luck. Many Blessings.

[raheelc 0]

Thanks for the info.

I have one more question:

I am filing form I-130, form I-864, and form I-485 together.

So the question i have is, do i need to submit a separate copy of form I-864 with form I-485? Or is just the one form I-864 enough for both the I-130 and I-485?

[maiortum 6]

Friend

Have you received adjudication of your I-130 Petition from USCIS?

The other forms you mentioned are part of the process not necessarily all lumped together.

[yachachiq12 43]

Are you actually filing DCF?

[raheelc 0]

Yes I know they are not all necessarily lumped together, but submitting them together will save some processing time (as people i know have taken this route)

@ yachachiq12

Yes I am filing DCF

[milimelo 4,853]

You're going to waste a lot of money if you are indeed filing DCF but submitting I-130 AND I-485...

[raheelc 0]

@milimelo

Could you elaborate please?

[Penguin_ie 6,002]

Where are you and your wife? Ie are you currently both living abroad, both in the USA (if so, what visa did she come in on) or you live in the USA and her abroad?

[raheelc 0]

we are both in Pakistan. We both live here. I am a resident of Pakistan and have lived here since 1998. We moved from Florida.

[milimelo 4,853]

we are both in Pakistan. We both live here. I am a resident of Pakistan and have lived here since 1998. We moved from Florida.

In that case, you are only filing I-130 AND you're filing it to Chicago lockbox as there is no longer DCF for Pakistan - they don't have a USCIS office there: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

Follow guide for IR/Cr1 visa and don't expect it to be over soon - 6 months at a minimum.

Moving topic to CR-1/IR visa as this is not DCF.

[raheelc 0]

hmmm, i actually called the embassy on friday here in Islamabad, and they said i can submit it with them

[Ryan H 3,925]

-I am applying for a green card for my wife

Just to get the semantics out of the way, you are not applying for a green card for your wife. You have filed a petition, she will apply for a spousal visa. If the visa is approved by the Embassy, the visa with a CBP admission stamp will act as a temporary green card until the permanent card arrives in the mail.

I am filing form I-130, form I-864, and form I-485 together.

So the question i have is, do i need to submit a separate copy of form I-864 with form I-485? Or is just the one form I-864 enough for both the I-130 and I-485?

I-485 is not submitted when the foreign spouse lives abroad OR the US Citizen and foreign spouse are living together abroad.

The I-485 is used when a foreign citizen is in the US on non-immigrant status and is applying to adjust status to Lawful Permanent Resident.

Edited February 12, 2012 by Ryan H

[raheelc 0]

Thanks for the corrections.

Now i just need to reconfirm whether i can still file DCF here in Islamabad. Will do that first thing in the morning.

On another note, suppose that the embassy does not accept DCF applications anymore. What would be a better option from the following:

1. I send the I-130 petition to the chicago lockbox as soon as possible, and then follow all procedures accordingly which will take a minimum of six months. And run the possibility of being away from my wife for an extended time period if i end up coming back to the US (for work, etc)

2. We wait to apply, and once we both come to the US (my wife already has a non immigrant visa valid until Nov. 2014) we file the I-130 along with the I-485. This way we'll be together and wont have to spend time apart.

[milimelo 4,853]

Thanks for the corrections.

Now i just need to reconfirm whether i can still file DCF here in Islamabad. Will do that first thing in the morning.

On another note, suppose that the embassy does not accept DCF applications anymore. What would be a better option from the following:

1. I send the I-130 petition to the chicago lockbox as soon as possible, and then follow all procedures accordingly which will take a minimum of six months. And run the possibility of being away from my wife for an extended time period if i end up coming back to the US (for work, etc)

2. We wait to apply, and once we both come to the US (my wife already has a non immigrant visa valid until Nov. 2014) we file the I-130 along with the I-485. This way we'll be together and wont have to spend time apart.

Option two would be fraud - wife clearly has immigrant intent.