I-864 Sponsor Details

[laurenbahia 0]

We are filing DCF in Tokyo, Japan. Because I have few assets and all my income is foreign income my parents will be filing as a joint sponsor for our application.

My parents have been filing joint tax returns for years. Does one of them need to act as the joint sponsor and fill out form I-864A to include the income of the other or will the joint returns count for that? Or do both of them need to act as joint sponsors and fill out separate I-864 forms?

This wording about this form is very technical and we want to make sure we understand it right the first time.

Any advice would be appreciated.

[YuAndDan 153]

Only 2 I-864 forms can be submitted, you are still the primary sponsor and will have to provide an I-864, then 1 parent will be a co sponsor and will provide the other I-864 for CO Sponsor, an I-864A can be filed by your other parent.

Note 2 big requirements for you to file an I-864.

1) Filing IRS Returns.

25. Federal Income Tax Information

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.

You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable. Telefile tax records are not acceptable proof of filing.

Do not submit copies of your State income tax returns. Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal tax return with the United States government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States.

If you provide a photocopy of your tax return(s), you must include a copy of each and every Form W-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy.

If you checked box 22(b ) (self-employed), you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business),Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss) or Schedule F (Profit or Loss from Farming).You must include each and every Form 1040 Schedule, if any,that you filed with your Federal tax return.

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See"Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.

Obtaining Tax Transcripts. You may use Internal Revenue Service (IRS) Form 4506-T to request tax transcripts from the IRS. Complete IRS Form 4506-T with the ending date for each of your three most recent tax years listed on line 9.Follow all instructions for completing and filing Form 4506-T with the IRS

I-864 Instructions page 8

2) Domicile. (Most just show domicile as a parent's home)

15. Country of Domicile. This question is asking you to indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence isnot in the United States, but your country of domicile is the United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

A. You are employed by a certain organization.

Some individuals employed overseas are automatically considered to be domiciled in the United States because of the nature of their employment. The qualifying types of employment include employment by:

An American institution of research recognized by the Secretary of Homeland Security (The list of qualifying institutions may be found at 8 CFR 316.20);

• The U.S. government;
  
• An American institution of research recognized by the Secretary of Homeland Security (The list of qualifying institutions may be found at 8 CFR 316.20);
  
• A U.S. firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm or corporation;
  
• A public international organization in which the United States participates by treaty or statute;
  
• A religious denomination having a bona fide organization in the United States, if the employment abroad involves the person's performance of priestly or ministerial functions on behalf of the denomination; or
  
• A religious denomination or interdenominational missionary organization having a bona fide organization in the United States, if the person is engaged solely as a missionary.
  

B. You are living abroad temporarily.

If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States.Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

C. You intend in good faith to reestablish your domicile in the United States no later than the date of the intendingimmigrant's admission or adjustment of status.

You must submit proof that you have taken concrete steps to establish you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease orpurchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

I-864 instruction page 5-6

[meauxna 15]

We are filing DCF in Tokyo, Japan. Because I have few assets and all my income is foreign income my parents will be filing as a joint sponsor for our application.

My parents have been filing joint tax returns for years. Does one of them need to act as the joint sponsor and fill out form I-864A to include the income of the other or will the joint returns count for that? Or do both of them need to act as joint sponsors and fill out separate I-864 forms?

This wording about this form is very technical and we want to make sure we understand it right the first time.

Any advice would be appreciated.

Bahia,

You understand well--only one person can be the Joint Sponsor. If both parents are willing to contribute their income, they can use the -A route.

You asked me a question in PM that I'd rather answer in public:

"I have had some trouble figuring out the difference between applying for the K3 and the IR-1/CR-1.

I saw a comment that you made that said the K3 interviews in the country where the marriage took place (which in our case is the US), but the IR-1 goes the the embassy or consulate. Is that my correct interpretation? If we both live in Japan together, then is the IR-1/CR-1 our only option?"

First of all, if you can possibly wait a bit longer to file, you may be able to file in Tokyo again in the near future. It will be worth the wait if DCF comes back.

I-130s used to take upwards of three years to get approved--clearly FAR too long to keep spouses apart. So the K-3 visa was invented just a few years ago as a way to bring the foreign spouse to the US to wait for the I-130 to get approved.

I-130s now approve at virtually the same rate as the add-on K-3 process, so for a couple living together, but abroad, the benefit is, well, what is the benefit? A K-3 has no 'real' status in the US, must apply for a work permit, and eventually apply for AOS.

An Immigrant Visa (CR/IR) is the complete immigrant package.

But to answer the question you actually asked, the K-3 interview must, by law, take place in the Consulate in the country where the marriage ceremony took place. If the marriage took placei n the US, the interview defaults to the beneficiary's country of residence. No visa interviews take place in the US.

The IV interview takes place in the country of the beneficiary's residence (home country or third country).

Again, unless everyone is in a big rush to be in the US regardless of status type, a K-3 does not have much benefit for a foreign-based couple, that I can see.

HTH,

mo