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Filed: Timeline
Posted

Hello all, my wife is getting ready for her interview and we need to submit the I864 again. Since I dont make enough money Im using my father to joint sponsor. My mother will fill one out as well and Im pretty sure thats the I864a. They live in a house with my brother so thats a total of 3 people. I own a house that is free and clear of any mortgage. Do I need to fill out the I864 or I864EZ? Also Im self employed and have all of my taxes for the last 3 years and transcripts that my CPA gave me. My stepfather makes around $50,000 a year while my mom makes $30,000. Will my dad have to show property taxes or a deed. Should I send along my deed as well? I did this around 3 years ago and had a bad lawyer. He set me up for failure. Its been such a long time since Ive done it and I forgot most of the things we submitted. Just wanted to check with the pros first considering her interview is at the end of next month in Manila:)

Filed: IR-1/CR-1 Visa Country: England
Timeline
Posted

You have to use the I864 (not EZ). Dad will have to fill out I864 as well. He has to be able to meet the federal poverty guideline by 125% for a household size of 4 (mom, brother, himself & intending immigrant) He cannot use mom's income to qualify. A 2nd joint sponsor can be used in cases where there are more than 1 intending immigrants on the application, so 1st joint sponsor can cover some and 2nd joint sponsor would cover the rest.

The I864a is used by household members of the primary sponsor (you). Unless you all live together it doesn't come into play in your case.

Married Sept.3,2010

02/11/2011: I130 Sent

02/21/2011: NOA1

06/22/2011: NOA2

06/30/2011: NVC

07/05/2011: DS-3032 email received

07/05/2011: DS-3032 emailed

07/06/2011: AOS Bill received

07/06/2011: AOS Fee Paid

07/09/2011: I864 Sent

07/11/2011: IV Fee Bill received

08/30/2011: IV Fee Paid

09/30/2011: IV Pkg Sent

10/24/2011: RFE (we dragged our feet from here on)

(forget all this for now, let's go on holiday!)

03/13/2012: NVC CASE COMPLETE!!

04/05/2012: Received interview appt email

06/22/2012: Medical @ Knightsbridge

06/29/2012: Interview 8am-Result: Pending

??/??/????: I601 Filed at Lock-Box

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

You have to use the I864 (not EZ). Dad will have to fill out I864 as well. He has to be able to meet the federal poverty guideline by 125% for a household size of 4 (mom, brother, himself & intending immigrant) He cannot use mom's income to qualify. A 2nd joint sponsor can be used in cases where there are more than 1 intending immigrants on the application, so 1st joint sponsor can cover some and 2nd joint sponsor would cover the rest.

The I864a is used by household members of the primary sponsor (you). Unless you all live together it doesn't come into play in your case.

The above highlighted piece of info is incorrect. Mom and dad can combine their incomes using the 864 and 864A. There is no requirement that the 864A is only used to combine incomes with the primary sponsor.

OP, if your income on line 22 of your 2011 form 1040 is short of the required income you may be able to make up the difference with your primary residence if you own it free and clear. To use the value of the home you need a recent valuation done by a licensed appraiser (tax bill/valuation is not acceptable).

If you use the parent(s) as joint sponsor(s), they will need to submit proof of their current income (unless self employed ) typically via recent paystubs and employer letter. With the incomes that you stated, their property will not need to be listed.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: IR-1/CR-1 Visa Country: England
Timeline
Posted

But nowhere in the instructions does it say that Joint Sponsor can combine income with other household members in order to qualify, either. The instructions speak to the primary sponsor. Even if it is allowed, as others have said over & over, it is best to find a joint sponsor who can qualify on his/her own.

If dad makes $50,000. then he doesn't need mom to qualify anyway.

Married Sept.3,2010

02/11/2011: I130 Sent

02/21/2011: NOA1

06/22/2011: NOA2

06/30/2011: NVC

07/05/2011: DS-3032 email received

07/05/2011: DS-3032 emailed

07/06/2011: AOS Bill received

07/06/2011: AOS Fee Paid

07/09/2011: I864 Sent

07/11/2011: IV Fee Bill received

08/30/2011: IV Fee Paid

09/30/2011: IV Pkg Sent

10/24/2011: RFE (we dragged our feet from here on)

(forget all this for now, let's go on holiday!)

03/13/2012: NVC CASE COMPLETE!!

04/05/2012: Received interview appt email

06/22/2012: Medical @ Knightsbridge

06/29/2012: Interview 8am-Result: Pending

??/??/????: I601 Filed at Lock-Box

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

But nowhere in the instructions does it say that Joint Sponsor can combine income with other household members in order to qualify, either. The instructions speak to the primary sponsor. Even if it is allowed, as others have said over & over, it is best to find a joint sponsor who can qualify on his/her own.

If dad makes $50,000. then he doesn't need mom to qualify anyway.

The 864A is used to combine income with a sponsor's (there is no distinction as far as primary or joint) qualifying household member.

FWIW: look at the 864A instruction section titled: What is a sponsor?"

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Timeline
Posted

The 864A is used to combine income with a sponsor's (there is no distinction as far as primary or joint) qualifying household member.

FWIW: look at the 864A instruction section titled: What is a sponsor?"

Ok, thanks for the responses. I really appreciate it. So I'll have my dad send copies of his taxes for the last 3 years with a recent pay stub and letter from his work stating that he works there. Definitely a lot different than the last time we tried this.

Filed: IR-1/CR-1 Visa Country: England
Timeline
Posted

The 864A is used to combine income with a sponsor's (there is no distinction as far as primary or joint) qualifying household member.

FWIW: look at the 864A instruction section titled: What is a sponsor?"

There is no distinction for the I864a!...I stand corrected.

One thing BrianVan should know though is that the I864a may only be used if sponsor cannot meet guideline on his own. Assuming "sponsor" means either Petitioning or Joint, dad doesn't need mom's income to meet the requirements so therefore shouldn't use the I864a. They obviously don't want extra paperwork if not necessary.

Sorry BrianVan, didn't mean to misguide you on that part.

Married Sept.3,2010

02/11/2011: I130 Sent

02/21/2011: NOA1

06/22/2011: NOA2

06/30/2011: NVC

07/05/2011: DS-3032 email received

07/05/2011: DS-3032 emailed

07/06/2011: AOS Bill received

07/06/2011: AOS Fee Paid

07/09/2011: I864 Sent

07/11/2011: IV Fee Bill received

08/30/2011: IV Fee Paid

09/30/2011: IV Pkg Sent

10/24/2011: RFE (we dragged our feet from here on)

(forget all this for now, let's go on holiday!)

03/13/2012: NVC CASE COMPLETE!!

04/05/2012: Received interview appt email

06/22/2012: Medical @ Knightsbridge

06/29/2012: Interview 8am-Result: Pending

??/??/????: I601 Filed at Lock-Box

Filed: Timeline
Posted

There is no distinction for the I864a!...I stand corrected.

One thing BrianVan should know though is that the I864a may only be used if sponsor cannot meet guideline on his own. Assuming "sponsor" means either Petitioning or Joint, dad doesn't need mom's income to meet the requirements so therefore shouldn't use the I864a. They obviously don't want extra paperwork if not necessary.

Sorry BrianVan, didn't mean to misguide you on that part.

No worries, I appreciate you trying to help. Looks like your wife will have her appointment the same week as mine will. Good luck to the both of you!!

Filed: Other Country: China
Timeline
Posted

There is no distinction for the I864a!...I stand corrected.

One thing BrianVan should know though is that the I864a may only be used if sponsor cannot meet guideline on his own. Assuming "sponsor" means either Petitioning or Joint, dad doesn't need mom's income to meet the requirements so therefore shouldn't use the I864a. They obviously don't want extra paperwork if not necessary.

Sorry BrianVan, didn't mean to misguide you on that part.

You probably are not ready to answer sponsorship questions. The bold above is also not correct. There are many cases where a joint sponsor has plenty of income but should also have their spouse provide the I-864a. That you don't know this does not mean anything except that, again, you probably are not ready to answer sponsorship questions. Your errors confuse people unnecessarily and make extra work for the members who ARE prepared to offer meaningful assistance.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: IR-1/CR-1 Visa Country: England
Timeline
Posted

Well I'll leave that up to BrianVan and anyone else here when they read the instructions for the I864a...carefully. It's not brain surgery and you aren't making yourself look anymore important as a member by ripping people's heads off. You will be the reason many people will not return to this site to share Real personal experiences...up-to-date ones.

I will continue trying to help people wherever I can...If I was claiming to be an attorney or USCIS personnel and making an occasional error, then you can tell me when I should or shouldn't comment in a Members forum. Last I checked this wasn't a place to get legal advice.

Married Sept.3,2010

02/11/2011: I130 Sent

02/21/2011: NOA1

06/22/2011: NOA2

06/30/2011: NVC

07/05/2011: DS-3032 email received

07/05/2011: DS-3032 emailed

07/06/2011: AOS Bill received

07/06/2011: AOS Fee Paid

07/09/2011: I864 Sent

07/11/2011: IV Fee Bill received

08/30/2011: IV Fee Paid

09/30/2011: IV Pkg Sent

10/24/2011: RFE (we dragged our feet from here on)

(forget all this for now, let's go on holiday!)

03/13/2012: NVC CASE COMPLETE!!

04/05/2012: Received interview appt email

06/22/2012: Medical @ Knightsbridge

06/29/2012: Interview 8am-Result: Pending

??/??/????: I601 Filed at Lock-Box

Filed: Other Country: China
Timeline
Posted

Well I'll leave that up to BrianVan and anyone else here when they read the instructions for the I864a...carefully. It's not brain surgery and you aren't making yourself look anymore important as a member by ripping people's heads off. You will be the reason many people will not return to this site to share Real personal experiences...up-to-date ones.

I will continue trying to help people wherever I can...If I was claiming to be an attorney or USCIS personnel and making an occasional error, then you can tell me when I should or shouldn't comment in a Members forum. Last I checked this wasn't a place to get legal advice.

When you give wrong information, you don't help people. You aren't ready to answer questions about affidavits of support. You don't know enough. Others do. If you'll leave it to those who do until you learn, it will help people. The two participants in this thread who DO know the answers the OP seeks, have spent more time correcting you than would be needed to answer the OP.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: IR-1/CR-1 Visa Country: England
Timeline
Posted

Oh Don't be Condescending with me please. I am not trying to get ready for anything. I am simply trying to offer help based on my own personally aquired knowledge relevant to my case, that may assist others. Beyond that, it is their job to determine what is relevant to theirs.

Married Sept.3,2010

02/11/2011: I130 Sent

02/21/2011: NOA1

06/22/2011: NOA2

06/30/2011: NVC

07/05/2011: DS-3032 email received

07/05/2011: DS-3032 emailed

07/06/2011: AOS Bill received

07/06/2011: AOS Fee Paid

07/09/2011: I864 Sent

07/11/2011: IV Fee Bill received

08/30/2011: IV Fee Paid

09/30/2011: IV Pkg Sent

10/24/2011: RFE (we dragged our feet from here on)

(forget all this for now, let's go on holiday!)

03/13/2012: NVC CASE COMPLETE!!

04/05/2012: Received interview appt email

06/22/2012: Medical @ Knightsbridge

06/29/2012: Interview 8am-Result: Pending

??/??/????: I601 Filed at Lock-Box

Filed: Other Country: China
Timeline
Posted (edited)

Oh Don't be Condescending with me please. I am not trying to get ready for anything. I am simply trying to offer help based on my own personally aquired knowledge relevant to my case, that may assist others. Beyond that, it is their job to determine what is relevant to theirs.

And, unfortunately the job of others to correct your misinformation. You are not "helping" by posting false information. Your own case has its own context. When the context doesn't match, usually the answer doesn't either.

All that said, you did not just try to help based on your own personally acquired knowledge. You misinterpreted instructions you read by saying somebody "CAN'T" do something that they absolutely CAN do, for starters. You had no actual knowledge at all. You misinterpreted instructions regarding two separate issues that directly impact the OP.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: IR-1/CR-1 Visa Country: England
Timeline
Posted

I didn't misinterpret anything. The I 864 is the primary form used by all sponsors. The instructions are clearly guiding the Petitioning sponsor on what to do (ie: if you do not have adequate income/assets to meet the guideline, this is what you can do...household member, joint sponsor etc. etc.) Nowhere does it gives specific instructions for joint sponsor (ie: combine income with other household members via the I864a etc.)

The I864a instructions do not show a distinction. But the instructions under "What is This Form?" state that I-864A MAY ONLY BE USED when a sponsor's income and assets do not meet the income requirements of form I-864 AND the qualifying household member chooses to combine his/her resources.....)

There is no "use this form to combine income with household members even if you meet the guidelines".

Explain that one....

Married Sept.3,2010

02/11/2011: I130 Sent

02/21/2011: NOA1

06/22/2011: NOA2

06/30/2011: NVC

07/05/2011: DS-3032 email received

07/05/2011: DS-3032 emailed

07/06/2011: AOS Bill received

07/06/2011: AOS Fee Paid

07/09/2011: I864 Sent

07/11/2011: IV Fee Bill received

08/30/2011: IV Fee Paid

09/30/2011: IV Pkg Sent

10/24/2011: RFE (we dragged our feet from here on)

(forget all this for now, let's go on holiday!)

03/13/2012: NVC CASE COMPLETE!!

04/05/2012: Received interview appt email

06/22/2012: Medical @ Knightsbridge

06/29/2012: Interview 8am-Result: Pending

??/??/????: I601 Filed at Lock-Box

Filed: Other Country: China
Timeline
Posted

I didn't misinterpret anything. The I 864 is the primary form used by all sponsors. The instructions are clearly guiding the Petitioning sponsor on what to do (ie: if you do not have adequate income/assets to meet the guideline, this is what you can do...household member, joint sponsor etc. etc.) Nowhere does it gives specific instructions for joint sponsor (ie: combine income with other household members via the I864a etc.)

The I864a instructions do not show a distinction. But the instructions under "What is This Form?" state that I-864A MAY ONLY BE USED when a sponsor's income and assets do not meet the income requirements of form I-864 AND the qualifying household member chooses to combine his/her resources.....)

There is no "use this form to combine income with household members even if you meet the guidelines".

Explain that one....

You just explained both your misinterpretations but misinterpretations they were, just the same. Some instructions are not intuitive. Your interpretations were logical but still wrong. Others with more and broader experience don't make these mistakes but, unfortunately, we spend a lot of time correcting others who do.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
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