Confusion with Affidavits of Support

[americanjetset 0]

Hello VJers!

I thought I had my Affidavit of Support under control, but the more I read, the more confused I become.

I am filling for DCF in London. I am (USC) currently on the last month of my student visa and will be coming back to the USA in the upcoming months.

My husband (UKC) and I will then be living with my father and his wife in their home (also my childhood home that I am using in my links to domicile section).

I would prefer my father to fill out an I-864 form because it seems more straightforward to me.

However, does he have to fill out an I-864A because he will be a household member (bear in mind that I have just graduated and have no income/jobs, so is an I-864A necessary as there is nothing to combine his income with and he is wholly sponsoring my husband?)

Another spanner in the wheel is that I am worried that if he fills out an I-864A, his wife will have to fill out a separate I-864A as well because they file taxes jointly.
My father, however, does not want to release any of his wife's pay stubs (evidence of her employment) as he says she does not make much money and it is hers to use.

Can anyone offer any advice? I am worried about my husband simply coming to the interview with an I-864 as I have heard horror stories in the past where a CO will refuse the application and demand that another interview be rescheduled once an I-864A has been acquired

Thanks!.

[lost_at_sea 995]

This thread is similar and may help: http://www.visajourney.com/forums/topic/442176-uncle-as-only-sponsor/?p=6376905

The OP in that thread has been a student, also.

[florida4life 29]

You got to fill out the I-864 and your father got to fill out the I-864 too his wife do not. He must send in his tax transcript with his W2's the wife do not have to fill out any form. The only time she would fill out a form is if they are combining there income to meet the income threshold of the poverty guidelines.

petitioner fill I-864

co-sponsor fill I-864

[Nich-Nick 3,354]

Hello VJers!

I thought I had my Affidavit of Support under control, but the more I read, the more confused I become.

I am filling for DCF in London. I am (USC) currently on the last month of my student visa and will be coming back to the USA in the upcoming months.

My husband (UKC) and I will then be living with my father and his wife in their home (also my childhood home that I am using in my links to domicile section).

I would prefer my father to fill out an I-864 form because it seems more straightforward to me.

However, does he have to fill out an I-864A because he will be a household member (bear in mind that I have just graduated and have no income/jobs, so is an I-864A necessary as there is nothing to combine his income with and he is wholly sponsoring my husband?)

Another spanner in the wheel is that I am worried that if he fills out an I-864A, his wife will have to fill out a separate I-864A as well because they file taxes jointly.

My father, however, does not want to release any of his wife's pay stubs (evidence of her employment) as he says she does not make much money and it is hers to use.

Can anyone offer any advice? I am worried about my husband simply coming to the interview with an I-864 as I have heard horror stories in the past where a CO will refuse the application and demand that another interview be rescheduled once an I-864A has been acquired

Thanks!.

You: fill out I-864 even with zero income. Required. Attach a statement as mentioned in that link in place of your 2012 tax return because if you didn't file, you must state why not required.

Dad: fill out I-864. State only his portion of the income where it asks income. Fill in the tax return lines just as his joint tax returns read. They don't have to match his stated individual income. Include proof of his separate income since the tax return shows joint income. A w2, employer letter, or pay stubs could be used. Include 2012 tax return and proof that he is a USC or permanent resident. Mom has to do nothing if Dad documents his separate income is sufficient.

Edited July 19, 2013 by Nich-Nick

[americanjetset 0]

Great! Thank you for all the help!

lost_at_sea--> I'm a bit different to Dbkrantz as I've lived in the USA up until 3 years ago and have consistently filed tax returns. Thanks for posting it as an example though!

florida4life and Nich-Nick --> I'm so relieved that I won't have to bother with the convoluted I-864A! Would there ever be a reason that they would ask for an I-864A instead of an I-864?

[Dbkrantz 16]

Your case is easier than mine in that case, because now I have to show intent to domicile !!

[americanjetset 0]

I'm sure you'll be fine! I've never voted (left just before I turned 18 and then was too late in registering!) and you have a driver's license! Both of those are great links to domicile!

[Nich-Nick 3,354]

Great! Thank you for all the help!

lost_at_sea--> I'm a bit different to Dbkrantz as I've lived in the USA up until 3 years ago and have consistently filed tax returns. Thanks for posting it as an example though!

florida4life and Nich-Nick --> I'm so relieved that I won't have to bother with the convoluted I-864A! Would there ever be a reason that they would ask for an I-864A instead of an I-864?

Example:

25,000 required

Dad makes 20,000

Mom makes 20,000

Neither qualifies to sponsor.

Because they live in the same house and are related, they can pool their income.

Dad does I-864 and adds Mom's income in the proper place as a household member, but he needs her agreement.

Mom grants her permission for Dad to use her income (and also pledges support to immigrant) with the I-864A.

Same scenario if immigrant didnt make enough money and wanted to pool with dad, who didn't make enough because they are related and live together.

If one makes enough on their own, it is cleaner to just let that one be the sponsor or joint sponsor.

There is no "instead of". I-864A is in "addition to" an I-864 and is like the permission slip to use a family member's income on one's I-864.

Edited July 19, 2013 by Nich-Nick

[americanjetset 0]

Thank you for explaining that to me! That makes so much more sense!