I-864, help with this scenario please.

[aadiprasan 0]

Hi.

First up - This forum is a brilliant source of information and guides to get us through the immigration process. Everything I have done is what people in this forum have advised me to do. Thanks to all the contributions and experiences.

Question 1.

I have a particular situation with the I-864.

My wife is the petitioner and my primary sponsor. She quit her job and moved to India to be with me, so she does not have income in 2013 and no income so far in 2014. Now that the visa process is in its last stages, she has moved back to the US to prepare things for my arrival.

My wife's sister is the joint sponsor.

2014 poverty guidelines

125% 2 members = $19662, 3 members = $25737

My wife's (primary sponsor) income. Household size 2 (including me). Min req - $19662

2014 - $0

2013 - $7000 - worked only first 3 months of 2013.

2012 - $29,xxx

2011 - $29,xxx

My wife's sister (joint sponsor) income. Household size 3 (including my wife and I). Min req - $25737

2014 - $2500 + per month so far. On track to making atleast $30,xxx this year. - This will be the current income.

2013 - $30,xxx

2012 - $20,xxx - out of work for few months due to injury

2011 - $26,xxx

We are required to give the last 3 years information. We can provide pay stubs and tax returns and employment letter from the joint sponsor.

Will the joint sponsor income for the year 2012 being below the threshold be an issue ? I hope what matters is the current income and maybe the last tax cycle income which is well above the threshold. Please advise.

Question 2 - I work for an american company in India right now. The same company might offer me a position in the US when I am immigrate. Will this be a red flag in the interview? Will this be misconstrued as immigrating for employment or something like that.

I am sorry if this question is repeated. I gained a lot of knowledge about the i864 by browsing, but I could not find a scenario like this.

Thank you,

Aadi

[J&N071213 57]

Hi, regarding question 1 your wife would still fill out i864 and her household would include herself and you. However, in you in law's household your wife is not included unless she was a dependent of her sister in her tax return. They are interested in current income and you provide last 3 tax return of you think it would help your case.

Question 2, I don't believe having a job offer would cause a red flag.

Good luck.

[aadiprasan 0]

Hi. Thanks for the response.

So, my sister in law, she is not claiming my wife as a dependent in her tax returns. She has to show income only for a household of 2 (herself and i) when we fill out the joint sponsor.

When my sister in law fills out the joint sponsor i864, she just has to mention that she is sponsoring only me, my wife does not figure in that i864 at all. Just me. so it becomes a household of 2 then. Is that right ?

Thanks,

Aadii

[J&N071213 57]

Yes. I found this posted by Nich-Nick on another post, hope it helps.

One tax return. Others optional if it will help your cause

"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."

Tax return requires W2 with it. Transcript is stand alone

"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."

You MAY include evidence of income Not a bad idea to put some extra frosting on the cake. Note the instructions suggest six months, not three.

"You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a Government official. For example, you may include a recent letter from your employer, showing your employer's address and telephone number, and indicating your annual salary. You may also provide pay stub(s) showing your income for the previous 6 months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income."

You need to prove a joint sponsor is a USC OR LPR

"Proof of U.S. citizen, national, or permanent resident status is required for joint and substitute sponsors ""

[aadiprasan 0]

I understand the evidence documents that need to be attached. Thanks a lot J&N. Appreciate your help.

Will make the sponsor i864 for a household of 2 (wife and I) and the joint sponsor i864 for a household of 2 (joint sponsor and I).

[Neal851 3]

I understand the evidence documents that need to be attached. Thanks a lot J&N. Appreciate your help.

Will make the sponsor i864 for a household of 2 (wife and I) and the joint sponsor i864 for a household of 2 (joint sponsor and I).

Aadi, Let me ask you this : Is your wife and her sister lives in same house in USA?

If they are living in the same house, then your wife will file I-864 and your sister-in-law will file I-864A.

If they are living separate ,then your wife will file I-864 and your sister-in-law will also file I-864 with household size of 2.(You and your sister-in-law). [Here I am assuming that your sister-in-law is single and there is no dependent on her tax return.]

Edited July 27, 2014 by Er Neal

[aadiprasan 0]

Er Neal ! I got the best answer possible. Thanks a lot.

1. My wife and her sister live in separate houses.
2. Sister in law is single and no dependents on her tax return.

Household size 2 for both the I864s it is then. Thank you.

[NikLR 13,227]

Aadi, Let me ask you this : Is your wife and her sister lives in same house in USA?

If they are living in the same house, then your wife will file I-864 and your sister-in-law will file I-864A.

If they are living separate ,then your wife will file I-864 and your sister-in-law will also file I-864 with household size of 2.(You and your sister-in-law). [Here I am assuming that your sister-in-law is single and there is no dependent on her tax return.]

No

Just because they live in the same house (which they don't) unless someone is claimed on taxes as a dependent or unless they file jointly like a spouse, a joint sponsor will almost always file an I-864 not an I-864A.

The term household member in this instance is not people who reside in the same house but are household members for tax purposes.

[Neal851 3]

No

Just because they live in the same house (which they don't) unless someone is claimed on taxes as a dependent or unless they file jointly like a spouse, a joint sponsor will almost always file an I-864 not an I-864A.

The term household member in this instance is not people who reside in the same house but are household members for tax purposes.

The following sentence is from I-864 instructions:

"Income from any relatives or dependents living in your household or dependents listed on your most recent Federal tax return who signed a Form I-864A,Contract Between Sponsor and Household Member."

So in the case of , if his wife's sister lives in same house then she will file I-864A , because she is relative of his wife.

[NikLR 13,227]

No. That's not how it works. They have no need to combine incomes if they are not household members in a tax sense.

[Neal851 3]

No. That's not how it works. They have no need to combine incomes if they are not household members in a tax sense.

No. I think you should read again i864 and i864A. Household member need not to be in a tax sense only. It could be spouse, parents or sibling, even if they are filing separate tax returs. Only their residence should be same.

[aadiprasan 0]

No. I think you should read again i864 and i864A. Household member need not to be in a tax sense only. It could be spouse, parents or sibling, even if they are filing separate tax returs. Only their residence should be same.

Hey, so my situation has changed. Sister in law's job situation changed suddenly. So, my mother in law is going to be the joint sponsor.

This is the scenario, please advise on what to do.

Joint Sponsor and husband living in the same residence. Both file married filing separate. Joint sponsor has no dependents. Husband no dependents, MFS.

My wife, is not yet with her own place, so for mail correspondence and by means to reach her she is using her moms address (joint sponsor)

What document is required from my mother in law ? I864 or i864A. Does the husband residing in the same house need to provide any documentation. No mixing of any incomes. Just using the income from my mother in law.

What is the household size for my wife, my mother in law (if she is giving i864). What is the household size for my wife (if JS is i864A and if JS is giving i864)

I really appreciate the help.

That aside. Reading what i864A is - it is a contract between sponsor and the household member. According to this whole I864, household member is the member that you support. The person supported, it has to be either the immigrant or someone else already claimed in taxes. Claiming dependent in tax is the way to clearly establish that you are supporting someone else.

(which is why i was told earlier in this thread that my sister in laws household size is 2(me and herself and no wife) as she is single and no dependents on her taxes)

So, why is being in the same residence considered being part of the same household ? (as mentioned below by Er Neal)

Just really confused. Please help.

-Aadi.

[aadiprasan 0]

Any suggestions/ advice on how to fill it out is welcome. Please.