Form I-864 Contradicting Instructions

[wolcasa 0]

Hello to all in the forum.

I think I've found three inconsistencies and possible contradictions in the instructions the USCIS provides for filling out for I-864 (Affidavit of Support). Sorry if my post seems so long - I quoted for ease of reference passages from the instructions and form. I am obviously not a lawyer but was wondering if these appear to contradictions to anyone else!

SCENARIO: I am the U.S. Citizen sponsor (as identified Part 1 I-864); My wife is the principal and only Immigrant (as identified Part 2 of I-864). I am in the process of opening up a business and am currently unemployed, and have been for more than 1 year. However, my wife has a regular stream of legit income from her country (property rental).

1. Part 3 (Information on the Immigrant you are sponsoring) Section 1
   asks "I am sponsoring the principal immigrant named in Part 2 with the following check boxes & text:
   Yes
   No (Applicable only in cases with two joint sponsors)
   
   While it seems straightforward that I should check "YES", the instructions for this step (page 3 of the instructions Pdf) state "...Indicate whether you are sponsoring the principal immigrant listed in Part 2 in this Form I-864. This only applies to cases with two joint sponsors. Check "No" if you are sponsoring only intended immigrants listed in Part 3, item numbers 2.a. - 6.g. and not the principal immigrant listed in Part 2..."
   
   Can you see the discrepancy? The wording suggests that saying 'yes' implies that these check boxes apply to cases which have two joint sponsors. Do you think 'yes' would be the appropriate answer for me?
   
2. Part 5 (Sponsor's household Size)
   The form asks not to count anyone twice.
   Persons you are sponsoring in this affidavit > Section 1 - Enter the number you entered on line 7 of Part 3. In my case the answer is "1" - i.e. just my wife.
   The form continues:
   Persons NOT sponsored in this affidavit:
   Section 2 - Yourself (my answer: 1)
   Section 3 - If you are currently married, enter "1" for your spouse (Logically, it would seem I cannot enter my wife here as well, although she is the person I am sponsoring and was therefore added to Part 5, section 1.)
   Section 7 - OPTIONAL "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 (Logically, I would leave this blank as well)
   Section 8 - Add together lines 1- 7 and enter the number here. Household Size: My answer is 2 (my wife and I).
   
   -> Does this seem correct according to my scenario? The answer directly impacts the observations & possible contradictions for the point below.
   
3. Part 6: (Sponsor's Income and Employment)
   Section 4 "Unemployed Since" Here I added the date of my unemployment.
   Sections 6 - 9 come under the heading "Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. Please indicate name, relationship and income.
   
   Person 1 (Section 6 a, b, c) Has my wife's name and income amount.
   
   The instructions PDF however, state the following (Page 6, top of page):
   
   "...To determine the filing requirements for your relatives included in Part 6, Item Number 7 - 10 follow these instructions:
   a) If you included the income of your spouse listed in Part 5, Item Number 3 or any child listed in Part 5, Item Number 4 or any dependent listed in Part 5, Item Number 5 or any other relative listed in Part 5 Item Number 6, each one of these individuals must be over 18 years of age and must complete Form I-864A
   
   b) If you included the income of the intending immigrant who is your spouse (he or she would be counted on Item Number 7 of Part 5), evidence that his/her income will continue from the current source after obtaining lawful permanent resident status must be provided. He/she does not need to complete Form I-864A unless he/she has accompanying children..."
   
   Problem for instruction point "a": If I left Part 5, Item Number 3 empty (0) because I already added a "1" in Part 5, Item Number 1 I can't apply this specific instruction to my case.
   Problem for instruction point "b": In this other scenario, the instructions imply (in my opinion) that if the intending immigrant is my spouse, I should have counted her in Item Number 7 of Part 5. But wait, item 7 of part 5 on the form is: "OPTIONAL: 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" Additionally, on Page 5 of the instructions form relating specifically to Item Number 7/Point 5 it states "...This question gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these family members in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this form. To be considered, any relative indicated in this category must sign and submit form I-864A..."
   
   Hope these 3 points and how they appear to be discrepancies make any sense! Any feedback is welcome and thanks for your time if you've read until here!

Thanks!

[KayDeeCee 4,904]

Hello to all in the forum.

I think I've found three inconsistencies and possible contradictions in the instructions the USCIS provides for filling out for I-864 (Affidavit of Support). Sorry if my post seems so long - I quoted for ease of reference passages from the instructions and form. I am obviously not a lawyer but was wondering if these appear to contradictions to anyone else!

SCENARIO: I am the U.S. Citizen sponsor (as identified Part 1 I-864); My wife is the principal and only Immigrant (as identified Part 2 of I-864). I am in the process of opening up a business and am currently unemployed, and have been for more than 1 year. However, my wife has a regular stream of legit income from her country (property rental).

1. Part 3 (Information on the Immigrant you are sponsoring) Section 1

   asks "I am sponsoring the principal immigrant named in Part 2 with the following check boxes & text:

   Yes

   No (Applicable only in cases with two joint sponsors)

   While it seems straightforward that I should check "YES", the instructions for this step (page 3 of the instructions Pdf) state "...Indicate whether you are sponsoring the principal immigrant listed in Part 2 in this Form I-864. This only applies to cases with two joint sponsors. Check "No" if you are sponsoring only intended immigrants listed in Part 3, item numbers 2.a. - 6.g. and not the principal immigrant listed in Part 2..."

   Can you see the discrepancy? The wording suggests that saying 'yes' implies that these check boxes apply to cases which have two joint sponsors. Do you think 'yes' would be the appropriate answer for me? <-- Yes is the correct answer. You cannot have more than one joint sponsor, and you are not a joint sponsor anyway. It is not a discrepancy, and does not apply to your situation. If someone is sponsoring more than one immigrant at once, they can use a total of 2 joint sponsors, which can split between the immigrants. Example: There are 3 intending immigrants being sponsored and the 1st joint sponsor agrees to sponsor 2 of them and the 2nd joint sponsor agrees to sponsor the remaining one.

2. Part 5 (Sponsor's household Size)

   The form asks not to count anyone twice.

   Persons you are sponsoring in this affidavit > Section 1 - Enter the number you entered on line 7 of Part 3. In my case the answer is "1" - i.e. just my wife.

   The form continues:

   Persons NOT sponsored in this affidavit:

   Section 2 - Yourself (my answer: 1)

   Section 3 - If you are currently married, enter "1" for your spouse (Logically, it would seem I cannot enter my wife here as well, although she is the person I am sponsoring and was therefore added to Part 5, section 1.)

   Section 7 - OPTIONAL "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 (Logically, I would leave this blank as well)

   Section 8 - Add together lines 1- 7 and enter the number here. Household Size: My answer is 2 (my wife and I).

   -> Does this seem correct according to my scenario? The answer directly impacts the observations & possible contradictions for the point below. <- What contradictions? It states clearly not to count anyone twice and also states clearly that anyone listed below the intending immigrant being sponsored are those NOT being sponsored in the affidavit. You put a 0 for spouse. If a married joint sponsor was filling out the form, they would put a 1 for a spouse, since their spouse would not be the one that was being sponsored in the affidavit. Remember, the form is used by more than just those that have a spouse as an intending immigrant that they are sponsoring. If no one you reside with is being included as a household member filling out an I-864A, then section 7 would be a zero as well.

3. Part 6: (Sponsor's Income and Employment)

   Section 4 "Unemployed Since" Here I added the date of my unemployment.

   Sections 6 - 9 come under the heading "Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. Please indicate name, relationship and income.

   Person 1 (Section 6 a, b, c) Has my wife's name and income amount.

   The instructions PDF however, state the following (Page 6, top of page):

   "...To determine the filing requirements for your relatives included in Part 6, Item Number 7 - 10 follow these instructions:

   a) If you included the income of your spouse listed in Part 5, Item Number 3 or any child listed in Part 5, Item Number 4 or any dependent listed in Part 5, Item Number 5 or any other relative listed in Part 5 Item Number 6, each one of these individuals must be over 18 years of age and must complete Form I-864A

   b) If you included the income of the intending immigrant who is your spouse (he or she would be counted on Item Number 7 of Part 5), evidence that his/her income will continue from the current source after obtaining lawful permanent resident status must be provided. He/she does not need to complete Form I-864A unless he/she has accompanying children..."

   Problem for instruction point "a": If I left Part 5, Item Number 3 empty (0) because I already added a "1" in Part 5, Item Number 1 I can't apply this specific instruction to my case.

   Problem for instruction point "b": In this other scenario, the instructions imply (in my opinion) that if the intending immigrant is my spouse, I should have counted her in Item Number 7 of Part 5. But wait, item 7 of part 5 on the form is: "OPTIONAL: 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" Additionally, on Page 5 of the instructions form relating specifically to Item Number 7/Point 5 it states "...This question gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these family members in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this form. To be considered, any relative indicated in this category must sign and submit form I-864A..."

   Hope these 3 points and how they appear to be discrepancies make any sense! Any feedback is welcome and thanks for your time if you've read until here! <--The intending immigrant does not need to fill out an I-864A, but must prove their income will continue even after they receive their green card. Item b. is clearly a mistake(not the first one found in the instructions), and I agree that it is confusing because of that.

Check out the example form here on VJ > http://www.visajourney.com/examples/INS-Form-I-864.pdf

[wolcasa 0]

Thanks Jay-Kay,

I immensely appreciate your feedback and clarifications. Phew - happy I wasn't crazy and there actually were inconsistencies!

Thanks again!