I-864A help

[Paul at Grand 0]

Please could I ask for some advice and apologies if this has been asked before. It's my first post.

I have just been for my interview at the us embassy in London for my IR-1 visa as the spouse / immediate relative of a US citizen (my wife). I provided I-864 from a joint sponsor (my father in law), along with I-864A from mother in law as household member. All good so far. Except consular officer asked me to produce my wife's I-864 as the main sponsor and she had not completed one!!

She has now produced one for me to courier off to the embassy. My question is, do I need to submit I-864A as household member? Wife's income is now zero. My income is easily in excess of the requirements AND I have already submitted a joint sponsor whose income and assets cover the deal on their own. Our daughter is already in the us. She has a us passport. Is she an accompanying dependent? I think not as she was a returning citizen and I am going through the green card process alone.

The I-864 instructions read :

If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this form only if you have accompanying dependents. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this form, even if you have accompanying dependents.

Additionally, when I was advised that extra documents were required, the consular officer sent me off with a blue form giving advise on what was required. I quote:

Documents indicated below are required to continue visa processing:

"An affidavit of support from the petitioner / sponsor who filed your petition. If both the sponsor and their spouses income are to be used to meet minimum income requirements (not applicable for IR-1 cases), your sponsor and their spouse must complete the I-864A."

Without pre-judging, as it is an IR-1 case, I am guessing that I do NOT need to send I-864A. However, would it hurt to send one with a coving letter explaining that there is some ambiguity in the sets of instructions so I have sent I-864A for completeness, feel free to disregard. I guess what I am saying is that it must be better to send a form that is not required rather than not send it and cause potentially more hold ups.

Sorry for the complicated post but I am guessing that there is quite a bit of expertise to draw on here.

Opinions?

Many many thanks, Paul

[lost_at_sea 995]

The beneficiary doesn't do an I-864, unless they were somehow self sponsoring.

The petitioner (your wife) always does one.

[lost_at_sea 995]

Also - your income may well be in excess, but I assume you work in the UK and not for a US employer (so your job won't be continuing?). You can sponsor yourself if you have a job that meets the criteria and is going to continue into the USA.

[florida4life 29]

Please could I ask for some advice and apologies if this has been asked before. It's my first post.

I have just been for my interview at the us embassy in London for my IR-1 visa as the spouse / immediate relative of a US citizen (my wife). I provided I-864 from a joint sponsor (my father in law), along with I-864A from mother in law as household member. All good so far. Except consular officer asked me to produce my wife's I-864 as the main sponsor and she had not completed one!!

She has now produced one for me to courier off to the embassy. My question is, do I need to submit I-864A as household member? NO Wife's income is now zero. My income is easily in excess of the requirements AND I have already submitted a joint sponsor whose income and assets cover the deal on their own. Our daughter is already in the us. She has a us passport. Is she an accompanying dependent? Did your wife claim your daughter on her taxes if she does she is a household member and she needs to include her as a dependent. I think not as she was a returning citizen and I am going through the green card process alone.

The I-864 instructions read :

If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this form only if you have accompanying dependents. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this form, even if you have accompanying dependents. ( This is for adjustment of status and you don't need to adjust status)

Additionally, when I was advised that extra documents were required, the consular officer sent me off with a blue form giving advise on what was required. I quote:

Documents indicated below are required to continue visa processing:

"An affidavit of support from the petitioner / sponsor who filed your petition. If both the sponsor and their spouses income are to be used to meet minimum income requirements (not applicable for IR-1 cases), your sponsor and their spouse must complete the I-864A." Your spouse just need to do I-864 only her co-sponsor and co-sponsor spouse is who they are talking but you said that her co-sponsor already did a I-864 and I-864A so no need to worry about co-sponsor.

Without pre-judging, as it is an IR-1 case, I am guessing that I do NOT need to send I-864A. However, would it hurt to send one with a coving letter explaining that there is some ambiguity in the sets of instructions so I have sent I-864A for completeness, feel free to disregard. I guess what I am saying is that it must be better to send a form that is not required rather than not send it and cause potentially more hold ups. You are sure to hold up things for yourself and complicate things so no you don't need to send any I-864 0r I-864A

Sorry for the complicated post but I am guessing that there is quite a bit of expertise to draw on here.

Opinions?

Many many thanks, Paul

Edited August 28, 2013 by florida4life

[NikLR 13,234]

Your daughter if under the age of 18, will be included as a household member of your wife's I-864 even if she isn't claimed at a dependant by your wife. I assume the child is both of yours and is a USC?

[Paul at Grand 0]

Thank you so much for the advice. Really great. To summarise then. Wife submits I-864 because she is petitioner, even though we have a joint sponsor in her parents. Wife does NOT submit I-864 A. Not required for IR-1 unless I travel with dependants. My earnings are on her i-864. Daughter is a USC already in USA with wife. Daughter included on I-864 as household member. Wife has filed delinquent taxes for 2010,11 and 12 and offset all earnings in the uk using foreign earned income exclusion.

I am UK airline crew, commuting from USA to work in uk so job will continue.

So, the packet will contain :

I-864 from wife

Signed tax return from wife

Proof of assets and income from both of us

Please, have I got this right?

Many thanks again.

[pushbrk 13,623]

The beneficiary doesn't do an I-864, unless they were somehow self sponsoring.

The petitioner (your wife) always does one.

The beneficiary/applicant doesn't do their own I-864 regardless of self sponsoring.

Also - your income may well be in excess, but I assume you work in the UK and not for a US employer (so your job won't be continuing?). You can sponsor yourself if you have a job that meets the criteria and is going to continue into the USA.

Yes, but even so, no separate affidavit from the visa applicant.

[NikLR 13,234]

Thank you so much for the advice. Really great. To summarise then. Wife submits I-864 because she is petitioner, even though we have a joint sponsor in her parents. Wife does NOT submit I-864 A. Not required for IR-1 unless I travel with dependants. My earnings are on her i-864. Daughter is a USC already in USA with wife. Daughter included on I-864 as household member. Wife has filed delinquent taxes for 2010,11 and 12 and offset all earnings in the uk using foreign earned income exclusion.

I am UK airline crew, commuting from USA to work in uk so job will continue.

So, the packet will contain :

I-864 from wife

Signed tax return from wife

Proof of assets and income from both of us

Please, have I got this right?

Many thanks again.

Beneficiary is never required to do I-864A even if travelling with dependants. Generally speaking their income is foreign earned and not applicable. After you become a US LPR you will be required to file US taxes even with a foreign based job.

Not sure why your earnings are on her I-864? Your earnings are not included.

Assets should be US based assets (income needs to be US based income) in US citizen's name (or joint name.) Also should be able to be liquidated within a year I believe? Pushbrk would know more about this.

[Nich-Nick 3,354]

Thank you so much for the advice. Really great. To summarise then.

So, the packet will contain :

I-864 from wife

Signed tax return from wife

Proof of assets and income from both of us

Please, have I got this right?

Many thanks again.

To keep this real simple and get your visa.

1) Wife fills out an I-864 and puts zero income because she is required to submit an affidavit of support.

2) She provides one tax return because it is a required document with an I-864.

Done! You get a visa.

You have an adequate joint sponsor with income. Don't worry about your wife 's or your income. You are covered by the joint sponsor. They just need a signed I-864 from the wife saying she is legally on the hook for you.

Edited August 29, 2013 by Nich-Nick

[pushbrk 13,623]

To keep this real simple and get your visa.

1) Wife fills out an I-864 and puts zero income because she is required to submit an affidavit of support.

2) She provides one tax return because it is a required document with an I-864.

Done! You get a visa.

You have an adequate joint sponsor with income. Don't worry about your wife 's or your income. You are covered by the joint sponsor. They just need a signed I-864 from the wife saying she is legally on the hook for you.

The petitioner provides a tax return only if required to file one. With zero income for any of the prior years, no tax returns would be required. Same goes for zero income for 2012.

[Nich-Nick 3,354]

Agree. Then a statement saying why petitioner wasn't required to file instead of a tax return. He said she had back filed 2010-2012 so I figure she could send 2012.

[Paul at Grand 0]

Tax: wife was earning in the UK up to July 2013 but had not filed us taxes since she moved to UK in 2002. IRS allows rectification of simple delinquent taxes with a no jeopardy filing of last 3 years, plus last 6 years FBAR if greater than $10000 in accounts in any year. She quit work in July 13. Taxes are properly filed by CPA and full schedules are in hand. Joint sponsor covers financial requirement. My income is UK earned but I will be moving for non-res tax status in UK as of 2014 new tax year. So, she files I-864. Zero income. My income is on it but may not count as UK earned. No I-864A requirement at all. Send. Hello visa.

Your guys rock (I believe the Americans say).

[pushbrk 13,623]

Tax: wife was earning in the UK up to July 2013 but had not filed us taxes since she moved to UK in 2002. IRS allows rectification of simple delinquent taxes with a no jeopardy filing of last 3 years, plus last 6 years FBAR if greater than $10000 in accounts in any year. She quit work in July 13. Taxes are properly filed by CPA and full schedules are in hand. Joint sponsor covers financial requirement. My income is UK earned but I will be moving for non-res tax status in UK as of 2014 new tax year. So, she files I-864. Zero income. My income is on it but may not count as UK earned. No I-864A requirement at all. Send. Hello visa.

Your guys rock (I believe the Americans say).

There is no need to state YOUR income as it is not being USED in any way to satisfy the public charge concern. Your wife would have to be making quite a good income abroad to actually owe any taxes. The issue with your income is not that it was earned in the UK but that it will not continue from the same source, once you immigrate.

[Nich-Nick 3,354]

Tax: wife was earning in the UK up to July 2013 but had not filed us taxes since she moved to UK in 2002. IRS allows rectification of simple delinquent taxes with a no jeopardy filing of last 3 years, plus last 6 years FBAR if greater than $10000 in accounts in any year. She quit work in July 13. Taxes are properly filed by CPA and full schedules are in hand. Joint sponsor covers financial requirement. My income is UK earned but I will be moving for non-res tax status in UK as of 2014 new tax year. So, she files I-864. Zero income. My income is on it but may not count as UK earned. No I-864A requirement at all. Send. Hello visa.

Your guys rock (I believe the Americans say).

The only reason you would want to get your income counted on an I-864 is if you didn't have a joint sponsor. Then you would need proof from employer that you will continue in that airline job from the US. That is just too much bother to document when you have a willing joint sponsor.

As for wife, the concern is her current income. She is currently unemployed. In part 6 of the form--

4. X Unemployed since 07/??/2013

5. My current individual annual income is $0

(blank)

10. My current annual household income is $0

(blank)

13. X

13 abc. Get the numbers off line 22 of the tax returns. They don't have to match her current income or anything else.

Part 7 assets--you can list the assets if you want, but then you need to attach proof of those assets. It's not going to allow her to be the only sponsor so not really needed because you have the joint sponsor.

Now I have a question. Did the embassy give you a phone number of how to send your document and passport back to them? I ask because calling the old number for DX, they say they don't do that anymore since the embassy switched over their courier procedure. Can you share what you were told about sending your missing documentation to the embassy?

[Paul at Grand 0]

My apologies for the delay. I was asked to call 0871 562 6666 option 1 for collection of documents to the embassy. They offer a next day collection service. Mine were collected on the 1st September and....

...IR-1 arrived by DX courier on the 11th (today). I have paid ELIS $165 immigrant visa processing fee and am now waiting to board for the USA.

Not a bad journey by all accounts. Started the process in mid April and received IR-1 5 months later.

Thank you to all for your advice and I am happy to share any experiences that may help other UK residents on their journey to the United States.