Decrypting the new I-864

[sege5641 0]

My wife and I are starting to freak out over this application process and no one will help us because we are in the middle of our application process.

Here is our back story:

I'm a US citizen by birth and have lived in Minnesota in tell I moved to South Africa two years ago. My wife and I meet in Minnesota while we were working five years ago and we married in South Africa two years ago. Now we both want to move to Minnesota to live and work but we are in over our heads.

We have completed the interview at the Jo'burg embassy and they have asked for more paper work. What I really need help with is this new I-864 form because every time I look at it my understanding of what it is asking changes.

My mother is going to be the sponsor since I have no income to show for 2012 and she makes over the 125% poverty line.

So my first question is if I'm the petitioner must I also be a sponsor?

If I'm not a sponsor must I still enter my South African income?

If I'm living in South Africa with my wife but we are both moving to my mothers address in Minnesota how do I fill out the I-864 correctly?

[Inky 1,110]

You are required to submit an 864 regardless of no income or not enough income because you are the petitioner.

You fill out your form with your information and provide the supporting documents.

Your mother fills out her form with her information and her supporting documents.

[speedwell 224]

If you have specific questions about specific line items on the I-864, or questions about establishing domicile or what qualifies as enough income or assets, sege, please search this forum throughly and come back with your questions. Don't panic

[Dave&Roza 748]

My wife and I are starting to freak out over this application process and no one will help us because we are in the middle of our application process.

Here is our back story:

I'm a US citizen by birth and have lived in Minnesota in tell I moved to South Africa two years ago. My wife and I meet in Minnesota while we were working five years ago and we married in South Africa two years ago. Now we both want to move to Minnesota to live and work but we are in over our heads.

We have completed the interview at the Jo'burg embassy and they have asked for more paper work. What I really need help with is this new I-864 form because every time I look at it my understanding of what it is asking changes.

My mother is going to be the sponsor since I have no income to show for 2012 and she makes over the 125% poverty line.

So my first question is if I'm the petitioner must I also be a sponsor?

If I'm not a sponsor must I still enter my South African income?

If I'm living in South Africa with my wife but we are both moving to my mothers address in Minnesota how do I fill out the I-864 correctly?

Have you been FILING a US income tax return on the income (or lack there of) you have been earning in South Africa? If not, then the USCIS will be asking for a tax return from you as the petitioner so I would FILE a 2012 tax return or you will have to show no income and cite from the IRS CFR why you were not REQUIRED to file a US income tax return--this is the one item that trips up most people when they have been living overseas and the USCIS sends an RFE for income tax returns from the petitioner. Take care of this requirement first.

Dave

Edited May 20, 2013 by Dave&Roza

[sege5641 0]

Have you been FILING a US income tax return on the income (or lack there of) you have been earning in South Africa? If not, then the USCIS will be asking for a tax return from you as the petitioner so I would FILE a 2012 tax return or you will have to show no income and cite from the IRS CFR why you were not REQUIRED to file a US income tax return--this is the one item that trips up most people when they have been living overseas and the USCIS sends an RFE for income tax returns from the petitioner. Take care of this requirement first.

Dave

My Income for 2012 was only $2,000 so I'm not filling for last year. I know that I will have to include a letter explaining why I did not file for 2012.

[sege5641 0]

Edited May 20, 2013 by sege5641

[sege5641 0]

If you have specific questions about specific line items on the I-864, or questions about establishing domicile or what qualifies as enough income or assets, sege, please search this forum throughly and come back with your questions. Don't panic

I really hate creating new threads but in this case since the I-864 form has been re-designed I'm having trouble understanding the old information with the new.

Inky, on 20 May 2013 - 7:03 PM, said:

You are required to submit an 864 regardless of no income or not enough income because you are the petitioner.

You fill out your form with your information and provide the supporting documents.

Your mother fills out her form with her information and her supporting documents.

Oh yeah I know that I must file a I-864 but how I fill it out is my question. I'm really having trouble figuring out my "Status" ether Petitioner/Sponsor or just Petitioner? Also I'm finding that the address information is vary vague on what they are looking for.

Dave&Roza, on 20 May 2013 - 7:10 PM, said:

Have you been FILING a US income tax return on the income (or lack there of) you have been earning in South Africa? If not, then the USCIS will be asking for a tax return from you as the petitioner so I would FILE a 2012 tax return or you will have to show no income and cite from the IRS CFR why you were not REQUIRED to file a US income tax return--this is the one item that trips up most people when they have been living overseas and the USCIS sends an RFE for income tax returns from the petitioner. Take care of this requirement first.

Dave

My Income for 2012 was only $2,000 so I'm not filling for last year. I know that I will have to include a letter explaining why I did not file for 2012.

Edited May 20, 2013 by sege5641

[Inky 1,110]

You are the petitioner. You are sponsoring her.

Your mother is the co-sponsor.

A letter will not complete the documentation as to why you did not file. You will have to include IRS proof as to why you are not required to file taxes.

[sege5641 0]

You are the petitioner. You are sponsoring her.

Your mother is the co-sponsor.

A letter will not complete the documentation as to why you did not file. You will have to include IRS proof as to why you are not required to file taxes.

I'm including my payslips along with my wife's and I year to date banking statements showing the deposits from my work.

The IRS doesn't give proof they can only show that I did not file. Its really dumb if you think about it because why would I hind the fact if I were to file. The more money I make the easier it is to support the immigrate right?

But my question is do mark 1.a or 1.d or even 1.e on the new form? Because it clearly shows that I can only be a Petitioner, Sponsor, or a Joint Sponsor but not more then one. So I'm the Petitioner do I still need to enter my financial information even though I have a vary good Sponsor?

Edited May 20, 2013 by sege5641

[Inky 1,110]

Yes the IRS gives proof - you send the pages of IRS instructions/ rules that clearly state who does not need to file.

[Darnell 8,478]

You will need to prepare documentation of re-establishing U.S.A. domicile and put that in with the I-864.

So, that's one I-864 on you.

and ONE I-864 on your mother.

If she filed joint taxes with her husband, then the husband files a I-864A.

[sege5641 0]

You will need to prepare documentation of re-establishing U.S.A. domicile and put that in with the I-864.

So, that's one I-864 on you.

and ONE I-864 on your mother.

If she filed joint taxes with her husband, then the husband files a I-864A.

I am the husband. Wouldn't my mother need to complete a I-864a also?

I have documentation showing domicile in the US.

I still need help on what address goes were on this form.

Edited May 21, 2013 by sege5641

[Darnell 8,478]

the i-864A is only used (to the best of my understanding)

if

the joint sponser / co-sponser (your mother) is domiciled at the same address as the sponser (you).

OR

a joint sponser filing the I-864 has joint income with a spouse, that 2nd spouse files the I-864A.

I could, of course, be dead wrong.

Edited May 21, 2013 by Darnell

[sege5641 0]

Yes the IRS gives proof - you send the pages of IRS instructions/ rules that clearly state who does not need to file.

Where do I get this proof? Is there a web URL?

[sege5641 0]

the i-864A is only used (to the best of my understanding)

if

the joint sponser / co-sponser (your mother) is domiciled at the same address as the sponser (you).

OR

a joint sponser filing the I-864 has joint income with a spouse, that 2nd spouse files the I-864A.

I could, of course, be dead wrong.

No I'm sure your right. I'm starting to think that the new I-864 should replace the I-864a since it asks for the same information.

Ok but my wife and I will be moving into my mothers place for at least the first five months. So does the I-864a apply in our case?