Need help with which 864 form(s) to fill out

[hosyu7 0]

First of all, thank you everyone at VJ for providing a wealth of information on the whole IV process!

I filed an I-130 petition for my wife and recently got confirmation that it was approved and was sent the electronic packet 3 to prepare for the visa interview.

My situation is this: I work as a volunteer for a non-profit organization and also part time at another job, but I do not fulfill the financial requirements to be the sole sponsor for my wife. I am also living in the basement of my parents' home. It is my permanent residence. And that is where I intend to live with my wife for the first few years. My dad has agreed to be my wife's financial sponsor for her immigration.

In this case, which 864 forms do I need to fill out?

Do I fill out an 864 and my dad fill out an 864? Or is an 864a involved?

Thanks in advance!

[Anh map 2,098]

You as the petitioner complete an I-864 regardless of income or joint sponsor.

It is often better in circumstances similar to yours that the joint sponsoring parent completes an I-864 rather than the 864A. It gives the adjudicating officer a clearer picture of the joint sponsor's household.

[Penguin_ie 6,005]

You are the prime sponsor and will fill out a I-864.

Are you financially dependant on your parents/ do they claim you on their tax return?

[hosyu7 0]

You are the prime sponsor and will fill out a I-864.

Are you financially dependant on your parents/ do they claim you on their tax return?

Thank you.

Yes, I am a financial dependent.

[Anh map 2,098]

If your parents claim you as a dependent then your parent completes an I-864.

[hosyu7 0]

Thank you guys.

I have a much better idea of what to do now. I have another question...

In part 5, question 21.g. of the I-864, it asks if I have siblings, parents or adult children with the same residence who are combining their income with mine by submitting an I-864A to enter the number of people.

On my parents parents' I-864 I am listed as a dependent, so they would fill out a total household size of 4 including me and my wife.

But for my form, would my household size include my parents (they file their taxes jointly) to be 4 people? Or would it just be 2 (me and my wife)?

Edited May 1, 2012 by hosyu7

[trojam227 18]

Thank you guys.

I have a much better idea of what to do now. I have another question...

In part 5, question 21.g. of the I-864, it asks if I have siblings, parents or adult children with the same residence who are combining their income with mine by submitting an I-864A to enter the number of people.

On my parents parents' I-864 I am listed as a dependent, so they would fill out a total household size of 4 including me and my wife.

But for my form, would my household size include my parents (they file their taxes jointly) to be 4 people? Or would it just be 2 (me and my wife)?

Wait, do your parents actually claim you as a dependent on their tax returns? If not it's a different scenario.

[hosyu7 0]

Wait, do your parents actually claim you as a dependent on their tax returns? If not it's a different scenario.

Yes, they claim me as a dependent.

[trojam227 18]

OK, I just wanted to make sure because it's important for household size.

You fill out I864 include you & wife.

Your parent fills out I864 (the other parent fills out I864a if income needed) includes you, your wife & themselves (and any other dependents they claim on taxes, if any)

You will not be combining income so NO to 21.g (because like the other posters said, it's best to keep income seperate by both you & parents filing individual I864's)

[hosyu7 0]

OK, I just wanted to make sure because it's important for household size.

You fill out I864 include you & wife.

Your parent fills out I864 (the other parent fills out I864a if income needed) includes you, your wife & themselves (and any other dependents they claim on taxes, if any)

You will not be combining income so NO to 21.g (because like the other posters said, it's best to keep income seperate by both you & parents filing individual I864's)

Thank you again so much.

I just want to make it crystal clear... what you said still applies despite the fact that I also live in the same home with my parents?

[trojam227 18]

Sorry, correction: your parent (joint sponsor has to make 125% of federal poverty guideline) so I864a wouldn't apply to them. Whichever parent exceeds the 125% should be the only joint sponsor. (sorry, it's getting late & I am tired )

[trojam227 18]

Yes, still applies. Doesn't matter that you live in the same residence. You can file I864 and have your dad fill out I864a, but it's not the preferred method to use according to the experts.

[Anh map 2,098]

Yes, still applies. Doesn't matter that you live in the same residence. You can file I864 and have your dad fill out I864a, but it's not the preferred method to use according to the experts.

With the petitioner being a dependent on the parent's most recent tax return the 864A is not an option. Dad does an 864 including the petitioner and the intending alien in the household count. Petitioner does an 864 as well with household count of 2.