I-864 Clarification

[Maria & Tam 0]

I apologize if this has been discussed elsewhere or if I'm in the wrong spot but I'm just learning to navigate

Our petition has been approved and I'm trying to get stuff for the affidavit of support together so we're prepared and there are no surprises for my parents.

So quick summary before I get to my real question. I am currently living with my parents in their household until we can get my husbands visa. My parents have agreed to help by signing the I-864a and giving us a place to stay until we are financial stable enough to move out on our own. I just need some clarification as far as what forms I'm to sign and what I need to submit. I'd like to have as much ready as possible.

I live with my parents and am not their dependent and fall just short of the poverty line. my parents have always filed joint tax returns and are also self-employed owning a business. Does their filing jointly mean that both my father and mother need their own separate I-864A forms even though the attached tax returns would be the same? And also on the instructions for the i-864a it says to include proof that we reside in the same household. What counts as proof for that? And what counts as proof that I'm their child since I have since changed my last name to my husbands?

Sorry if any of these seem vague or stupid but any help is greatly appreciated THANKS!

[Nich-Nick 3,354]

I live with my parents and am not their dependent and fall just short of the poverty line. my parents have always filed joint tax returns and are also self-employed owning a business. Does their filing jointly mean that both my father and mother need their own separate I-864A forms even though the attached tax returns would be the same? And also on the instructions for the i-864a it says to include proof that we reside in the same household. What counts as proof for that? And what counts as proof that I'm their child since I have since changed my last name to my husbands?

Sorry if any of these seem vague or stupid but any help is greatly appreciated THANKS!

It's a little complicated with the self employment and I assume joint ownership of the business, so not a dumb question at all. Basically you list anybody on your form who is going to contribute. It will Mom and Dad both if you can't separate out his income. (My husband is self-employed but he is the sole owner and the Schedule C and SE are his income only. I would be able to identify his income.) But if you can't do one person, then list both. I guess in that case, list half the total by each name. Anybody you list needs to give their written "permission" for you to use their income. Think of the I-864A as the permission slip they sign. One family member listed = 1 permission slip. Two people listed = 2 permissions. The joint tax return has both of their names, so just one photocopy should do it.

Same address? -photocopies of everybody's driver's license is a good one.

Related?- Photocopy of your birth certificate showing their names listed as parents.

On my applications I always highlighted or circled in red pen what I wanted them to see. Like circle each name on their joint return. Highlight or circle their names on the photocopy of your BC. If there's room, label it: Sponsor's birth certificate showing James Smith and Mary Smith (joint sponsors) as her parents.

Edited May 20, 2012 by Nich-Nick

[Ryan H 3,812]

I live with my parents and am not their dependent and fall just short of the poverty line. my parents have always filed joint tax returns and are also self-employed owning a business. Does their filing jointly mean that both my father and mother need their own separate I-864A forms even though the attached tax returns would be the same? And also on the instructions for the i-864a it says to include proof that we reside in the same household. What counts as proof for that? And what counts as proof that I'm their child since I have since changed my last name to my husbands?

One of your parents will need to complete an I-864, the other parent will complete an I-864A.

[Maria & Tam 0]

The fact that I got two completely different replies worries me. I'm pretty sure that I want them to both do I-864A because I'm wanting to add their finances to mine...?

[pushbrk 12,968]

The fact that I got two completely different replies worries me. I'm pretty sure that I want them to both do I-864A because I'm wanting to add their finances to mine...?

It doesn't work that way. The head of your parents' household must file an I-864, as it's the only way their household size can accurately be counted. If one or both parents have sufficient income to qualify as sponsor there is no need to "combine" income. The person who responded indicating your parents would both complete I-864a forms was simply wrong. It happens. Then, others come along and correct the misinformation.

[Nich-Nick 3,354]

The fact that I got two completely different replies worries me. I'm pretty sure that I want them to both do I-864A because I'm wanting to add their finances to mine...?

I disagree that getting a small bump over the threshhold by adding a parent's income to your I-864 is wrong. They are counted in the household size in 21g on page 3. (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.)

If you had zero income then I would go with the other way for sure. It would be silly to say you had zero income and need to add the entire support from her father to your form. There are several options on the I-864. Another way to do it without adding a family member to your form--

Sponsor does an I-864 alone and falls short.

Joint sponsor Dad does an I 864 and proves his separate income (like with a W2 that this Dad doesn't have)

--or--

Sponsor does an I-864 alone and falls short.

Joint sponsor Dad does an I 864 and adds Mom's income to his form as his family member.

Mom completes I-864A and attaches to Dad's saying he is allowed to use her income (as well as agreeing to help provide for the immigrant).

[JenniferJacobsson 0]

If you are the petitioner then YOU have to file the form I-864. I'm in the same situation, however Im the applicant in the process of app. for my adjustment of status (green card) and Employment authorization. I had my husbands mother fill in the form I-864 because she meets the financial requirements and my husband just started working full-time and have been in school for the last one and a half years and before that collected un-employment. I thought it would be the right way to do so, but it wasn't, today I received a request for evidence from the USCIS requesting my petitioner (the person that filed the I-130 or I-129F) to file the I-864 and any additional household member that you want to add for additional support like siblings or parents etc. should file the I-864A.

So I have to do the whole thing over again, so I want you t avoid that because it's gonna cause the process time to be longer then you want. Finger crossed tat this wont pro-long my process time too much. Just follow the instructions for I-864 and fill it in yourself if you are the petitioner for your husband coming to the US. and have additional supporting household members file I-864A.

Trust me, I have the papers from the USCIS in my hands stating I need my petitioner file the form.

Hope this helps you