I-864 - who needs to fill out for a K1?

[Zcomuto 16]

I'm the spouce of a US citizen who recently came in on a K1 visa, got married (yesterday, actually) and now I am filing for the Adjustment of Status.

I have a question/complication, though. Me and my fiancé at the time lived abroad for a number of years, and as we have just moved to the US neither of us has income right now. Her parents who do meet the poverty guidelines agreed to be a sponsors, and so filled out the I-134 for the initial petition, but now I'm confused about the I-864.

Does my wife now need to fill out the I-864, even though it's pretty much blank, with her father/mother as 'household members' on two separate copies of the I-864A, or should her mother fill out a second I-864 with her father doing an I-864A (or vice versa) as well as my wife's I-864?

Thanks!

[Zcomuto 16]

Also one more question: Is an official transcript of any of the other proof of income mentioned required if my wife has zero income, and both her parents included their proof as joint household sponsors on I-864A?

[Nich-Nick 3,353]

. -864.

Does my wife now need to fill out the I-864, even though it's pretty much blank, with her father/mother as 'household members' on two separate copies of the I-864A, or should her mother fill out a second I-864 with her father doing an I-864A (or vice versa) as well as my wife's I-864?

Thanks!

Best choice in my opinion..two affidavits of support.

1) I-864 by wife

2) I-864 (separate one) by parent who earns the most. I-864A by other parent to go along with it.

Also one more question: Is an official transcript of any of the other proof of income mentioned required if my wife has zero income, and both her parents included their proof as joint household sponsors on I-864A?

Each person must follow the instructions. It is not one big affidavit. So father/mother tax return supports #2 above.

If you will read the instructions to the I-864, it will explain it well on the page about income tax returns. For #1 above, the wife's, it will tell you submitting the latest tax return (or transcript) is required. But if she didn't file, she needs to give a reason. No income is a good reason not to file, but she must include a signed statement attesting to that. Read that part in the instructions to get the longer, better version of what I just briefly explained.

[Zcomuto 16]

Alright, thanks. I'll get the pair of forms filled out.

Another questions: I'm looking at Part 5, household size, and Part 1 (Principle Immigrant) and Part 3 (spouse) are the same person, me. I take it I simply do not count this twice for box 8 (total)?

[KayDeeCee 4,893]

As the form states, you do not count anyone twice. Also, Part 5 #3 is under the heading, "Persons NOT sponsored in this affidavit:"

Your USC petitioner/sponsor would put a 0 there. Your joint sponsor is married, so they would put a 1 there, since their spouse is someone that is not being sponsored in their affidavit of support, only you are and you are always counted in Part 5 #1.

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

Edited June 10, 2014 by KayDeeCee

[Allie and Nigel 2]

I'm also in somewhat the same situation: I'm the CO/JOINT sponsor to my nephew who came over, so his new wife and 1yr old is US CITIZENS who don't meet the income guidelines...am I counting as household size the 5 of us or just the 3 of THEM?

So confusing! lol...

[Nich-Nick 3,353]

I'm also in somewhat the same situation: I'm the CO/JOINT sponsor to my nephew who came over, so his new wife and 1yr old is US CITIZENS who don't meet the income guidelines...am I counting as household size the 5 of us or just the 3 of THEM?

So confusing! lol...

The Americans wouldn't require your support. They can go on benefits. Count your family plus the immigrant.