Need help with I-864 please!!!

[simochaib1 0]

Hi Everybody,

I just heard about this amazing website, so I’m kinda new here and I have some questions if someone could advice/help me to do it the right way and this is my story.

I got my USC in mid June 2014 and filed I-130 first week of July 2014 for my spouse, our child (One year old), my parents and two brothers (Over 21 years old) whom all live overseas and never been in US before. One I-130 for each which I knew it will take a few months to get the approvals at least for immediate relatives (Spouse, Child and Parents) and couple years for my brothers.

As most people I would like to prepare all documents and forms I will need to send for AOS and IV and I’m little confused with Affidavit of Support like what to put in the I-864 form, should I add all six of them in one form, make copies and signs all of them? Or should I fill out an I-864 separately like I did with the I-130? Also if separately do I need to add all of them in each form or not? I’ve also heard that I need to file an I-864W for my child instead of I-864. Is that true? And what should I put in the household?

Please advice me as I got a little confused from reading different experiences that are not the same sorry for all these questions.

Thanks a lot!!!

[Ian H. 207]

Hello, and congrats on becoming a USC!

First, your brothers petitions may be approved in a couple of years, but they will be unable to immigrate for at least another 8 years. The reason being that siblings of USC's are currently taking 10+ years for their priority date to become current. Since your brother won't be entering the US anytime soon, you do not include them on your I864.

Second, you will need to include in your household size, your wife, your parents, and your child, not your brothers. You need to include as well, anyone else that lives with you or that is dependent from you or any other immigrant you have sponsored that is still under the I 864. The instructions for the form helps you determine who to include in your household.

Third, you will need a separate form for each person you are petitioning, with the exception of your brothers because they will not need that now. You need an I 864 for your wife, and your parents. One for each person, three in total. Your child, if he is your biological or adopted child, and not a stepchild, he will become a USC upon entry to the US. Therefore, you will need to submit an I 864W for him.

You have to include separate supporting documents for each person you are petitioning because they are separate cases. So since you need 3 I 864's, you would need 3 employment letters/paystubs, 3 tax returns (9 if you're using the last 3 years), 3 copies of w2's, etc. For your child since he is exempt, you don't need to provide the supporting documentation.

So your household size should be 5 people including yourself, assuming that you don't have anyone else to include. For a family of 5, you have to make at least $34,887 a year. If you do not make that amount, you have get a joint sponsor. You can have up to 2 joint sponsors, and you cannot combine your income with theirs. They have to make enough on their own or combined with a member of their household.

Here is a link to the poverty guidelines:

http://www.uscis.gov/i-864p

Edited July 30, 2014 by Ian H.

[simochaib1 0]

Hello, and congrats on becoming a USC!

First, your brothers petitions may be approved in a couple of years, but they will be unable to immigrate for at least another 8 years. The reason being that siblings of USC's are currently taking 10+ years for their priority date to become current. Since your brother won't be entering the US anytime soon, you do not include them on your I864.

Second, you will need to include in your household size, your wife, your parents, and your child, not your brothers. You need to include as well, anyone else that lives with you or that is dependent from you or any other immigrant you have sponsored that is still under the I 864. The instructions for the form helps you determine who to include in your household.

Third, you will need a separate form for each person you are petitioning, with the exception of your brothers because they will not need that now. You need an I 864 for your wife, and your parents. One for each person, three in total. Your child, if he is your biological or adopted child, and not a stepchild, he will become a USC upon entry to the US. Therefore, you will need to submit an I 864W for him.

You have to include separate supporting documents for each person you are petitioning because they are separate cases. So since you need 3 I 864's, you would need 3 employment letters/paystubs, 3 tax returns (9 if you're using the last 3 years), 3 copies of w2's, etc. For your child since he is exempt, you don't need to provide the supporting documentation.

So your household size should be 5 people including yourself, assuming that you don't have anyone else to include. For a family of 5, you have to make at least $34,887 a year. If you do not make that amount, you have get a joint sponsor. You can have up to 2 joint sponsors, and you cannot combine your income with theirs. They have to make enough on their own or combined with a member of their household.

Here is a link to the poverty guidelines:

http://www.uscis.gov/i-864p

First of all I wanna thank you so much Ian H but I still need some explanations about some other things in the From if you don’t mind please.

The first advise about my brothers’ yes I know that it will take that long which I’m ok with it and it’s good to know that I won’t have to include them in the I-864 Form with the rest of my family.

The second one on the I-864 From it asks us to not include any relatives listed in a separate visa petition and at the same time it asks to include family members immigrating at the same time or within 6 months which confuse all of us here and it really doesn’t make any sense unless if I’m stupid enough to not get what they want lol and my other question also about the same thing if I have to include all the sponsored family members in one form who should be the principal? Would be always my spouse I mean in all of the I-864 Forms? Or each form has to have the sponsored person as principal???

By the way I don’t have any dependent here in US and/or sponsored anyone here before.

The third one I will definitely file an I-864W for my child as I’m the biologic father but in other hand you said I have to file only one for my parents. I don’t know if they will accept it as I filed a separate I-130 From for each, so the first thing comes to my mind is the same question above about not including any relatives in a separate visa petition???

I’m thinking or filing out an I-864 in two ways meaning one I will include all my relatives (Me, Spouse, Child and Parents) and one separately without including them and send them both for each case with a letter explaining the situations and how I got confused and ask them to accept the right one and reject the wrong one. Is this a good idea? Do you know if anyone did it before?

I will really appreciate your help and GOD bless you and your family!!!

[Ian H. 207]

Ok well I searched the net and the instructions regarding this kind of situation. The instructions mention that you need separate I864's for each intending immigrant, but it doesn't explain how to calculate the household size. From what I have read online and the instructions, I would calculate it how it says in the instructions.

So you are petitioning your wife, son, and 2 parents, we'll disregard your brothers because they will not need this now and aren't part of your household. That brings the total to 5 people including yourself.

So the principal immigrant is the person for whom you filed an I-130 for. So you have 4 principal immigrants in total. Family members immigrating at the same time or within 6 months is only an option for immigrants that are allowed to bring other family members (ie sibling of a USC is allowed to bring spouse and/or minor children).

So for your relatives, you only list the immigrant for whom you filed the I-130, do not include anyone else you petitioned. So in the part that says that, you leave it blank and only enter the principal immigrant.

Now since you have a household size of 5 people you need to make the 125% of the amount shown for 5 people in the I-864P, poverty guidelines.

When you calculate the household size for each of your relatives, with the exception of your child because he will need the I-864W, you will calculate it per the instructions.

To calculate your household size on each I-864:

So for your wife's I-864, you would list her in part 5 no. 1, don't list her again on no. 3 where it says "if you are currently married," no. 4 enter 1 for your child, and in number 8 you add the total which is 3.

Even though you will be a household of 5 people and not 3, you cannot include your parents in this because there is no place to put them, per the instructions. You cannot put them in no. 5 because they aren't your dependents. You cannot put them in no. 6 because they aren't LPR's yet, and you can't put them in no. 7 because they don't live with you.

When you do your mom's I-864, you would enter 1 in part. 5 no. 1, your wife in no. 3. and your child in no. 4. You don't include your dad here either because again there is no place to put him. So this time you have a household of 4.

When you do your dad's I-864, you would enter 1 in part 5. no. 1, your wife in no. 3 and your child in no.4, again a household of 4 people, there is no place for your mom here.

Now even though you list 3 people on your wife's I-864, and 4 people on the I-864's for your parents you still need to make enough for 5 people in order for them to all be able to immigrant, and if you don't you would need a joint sponsor.

For your child you fill out the I-864W and there is no household size to calculate on this form.

You need to provide supporting documentation for each I-864 (except the I-864W). So your transcript or tax return will have to be 3 copies in total one for each, 9 if you are using last 3 years. Three employment letters/ paystubs, etc.

When you send these to the NVC, they will know how to handle the forms. I know it's confusing and they really should provide clearer instructions on how to handle these kind of situations. You can send a cover letter with the situation, but it may be unnecessary since they should already know what to do. Also I wouldn't send an I-864 listing everyone because the form doesn't provide a space to include them according to the instructions and it just may delay your case.

Since it looks like you petitioned for them together, you should let the NVC know so that they can have the interview at the same time. You should only have to pay the $88 fee once for your child and wife. But you will have to pay it separately for each of your parents. The IV fee of $230 is for each person.

If you still have questions, don't worry about asking, we're here to help.

Edited July 31, 2014 by Ian H.

[simochaib1 0]

Ok well I searched the net and the instructions regarding this kind of situation. The instructions mention that you need separate I864's for each intending immigrant, but it doesn't explain how to calculate the household size. From what I have read online and the instructions, I would calculate it how it says in the instructions.

So you are petitioning your wife, son, and 2 parents, we'll disregard your brothers because they will not need this now and aren't part of your household. That brings the total to 5 people including yourself.

So the principal immigrant is the person for whom you filed an I-130 for. So you have 4 principal immigrants in total. Family members immigrating at the same time or within 6 months is only an option for immigrants that are allowed to bring other family members (ie sibling of a USC is allowed to bring spouse and/or minor children).

So for your relatives, you only list the immigrant for whom you filed the I-130, do not include anyone else you petitioned. So in the part that says that, you leave it blank and only enter the principal immigrant.

Now since you have a household size of 5 people you need to make the 125% of the amount shown for 5 people in the I-864P, poverty guidelines.

When you calculate the household size for each of your relatives, with the exception of your child because he will need the I-864W, you will calculate it per the instructions.

To calculate your household size on each I-864:

So for your wife's I-864, you would list her in part 5 no. 1, don't list her again on no. 3 where it says "if you are currently married," no. 4 enter 1 for your child, and in number 8 you add the total which is 3.

Even though you will be a household of 5 people and not 3, you cannot include your parents in this because there is no place to put them, per the instructions. You cannot put them in no. 5 because they aren't your dependents. You cannot put them in no. 6 because they aren't LPR's yet, and you can't put them in no. 7 because they don't live with you.

When you do your mom's I-864, you would enter 1 in part. 5 no. 1, your wife in no. 3. and your child in no. 4. You don't include your dad here either because again there is no place to put him. So this time you have a household of 4.

When you do your dad's I-864, you would enter 1 in part 5. no. 1, your wife in no. 3 and your child in no.4, again a household of 4 people, there is no place for your mom here.

Now even though you list 3 people on your wife's I-864, and 4 people on the I-864's for your parents you still need to make enough for 5 people in order for them to all be able to immigrant, and if you don't you would need a joint sponsor.

For your child you fill out the I-864W and there is no household size to calculate on this form.

You need to provide supporting documentation for each I-864 (except the I-864W). So your transcript or tax return will have to be 3 copies in total one for each, 9 if you are using last 3 years. Three employment letters/ paystubs, etc.

When you send these to the NVC, they will know how to handle the forms. I know it's confusing and they really should provide clearer instructions on how to handle these kind of situations. You can send a cover letter with the situation, but it may be unnecessary since they should already know what to do. Also I wouldn't send an I-864 listing everyone because the form doesn't provide a space to include them according to the instructions and it just may delay your case.

Since it looks like you petitioned for them together, you should let the NVC know so that they can have the interview at the same time. You should only have to pay the $88 fee once for your child and wife. But you will have to pay it separately for each of your parents. The IV fee of $230 is for each person.

If you still have questions, don't worry about asking, we're here to help.

You really made me so happy and all you said make sense, so thanks a lot and may GOD bless and protect you as you're a good person to help others.

Yes I make enough money to support all of them I guess (A little over 50k a year).

My last questions are (I hope will be last question but I can't promise you lol). In I-864W Form in Part 1, it asks to put information about you or your adopted child and as you know I'm filing for my child and I'm the biologic father, so should I put my child's info or mine? And should I mark the second box in Part 2? And also Can I sign the Form in Part 3? Since my child is only one year old.

In addition as my spouse and I got married in mid 2012, and when I was filing my taxes, the Tax Office I filed with asked me if I'm single and I told him I'm married but my wife still back home and he added her there without SSN in 2012 and 2013 as I'm supporting her and our child that was born in Aug 2013 by sending money every month and I have proof of it in my bank statements. Last month I was talking to someone and he advised me to apply for an ITIN when I filed 2014 Taxes, so what do you think? Should I be ok with Taxes of 2012 and 2013? or it doesn't matter as my wife is not working and I'm the one who's working supporting them? Which I believe my annual income should be enough to support all my relatives and of course my W-2 and Pay Stubs will show them that as well.

[Ian H. 207]

The form is to be filled out in the name of your child, so it would be his name and information, not yours. You would sign at the bottom his name and then next to it, in parenthesis, you would write the word father.

50$k a year would put you well above the poverty level for a family of 5, which only requires around $35,000k. So you make more than enough.

As for the ITIN, I wouldn't apply for it because it is unnecessary. You don't have to get an ITIN for your wife because she doesn't live here yet, and doesn't have to report her income(if she has any) with the US. There is too much hassle involved in getting an ITIN from abroad. Since she isn't subject to US taxes, it is better for you to file your taxes as married filing separately. You don't qualify for head of household because your dependent child doesn't live here with you. So for 2014 you should file your taxes as you have been doing. For 2015 taxes, your wife should already be here and you can then file married filing jointly.

The most recent taxes filed would be your 2013, however since your case hasn't been approved yet, by the time it is and is sent to the NVC it would be 2015. Which means that your most recent tax return would be for 2014. The last 3 years of tax returns are optional. They only require the most recent year. You can send the last 3 years. So by the time your case is at the NVC, it would be your 2014, 2013, and 2012 taxes. Send in a copy of your w2's and most recent paystub or employment letter, 3 of each.

You're very welcome!

[simochaib1 0]

The form is to be filled out in the name of your child, so it would be his name and information, not yours. You would sign at the bottom his name and then next to it, in parenthesis, you would write the word father.

50$k a year would put you well above the poverty level for a family of 5, which only requires around $35,000k. So you make more than enough.

As for the ITIN, I wouldn't apply for it because it is unnecessary. You don't have to get an ITIN for your wife because she doesn't live here yet, and doesn't have to report her income(if she has any) with the US. There is too much hassle involved in getting an ITIN from abroad. Since she isn't subject to US taxes, it is better for you to file your taxes as married filing separately. You don't qualify for head of household because your dependent child doesn't live here with you. So for 2014 you should file your taxes as you have been doing. For 2015 taxes, your wife should already be here and you can then file married filing jointly.

The most recent taxes filed would be your 2013, however since your case hasn't been approved yet, by the time it is and is sent to the NVC it would be 2015. Which means that your most recent tax return would be for 2014. The last 3 years of tax returns are optional. They only require the most recent year. You can send the last 3 years. So by the time your case is at the NVC, it would be your 2014, 2013, and 2012 taxes. Send in a copy of your w2's and most recent paystub or employment letter, 3 of each.

You're very welcome!

Thanks a lot for the great news!!! Wishing the best in your life!!!

[simochaib1 0]

Thanks a lot for the great news!!! Wishing the best in your life!!!

That's why I couldn't promise you and I’m sorry to bother you again with this if that is ok with you. As I’m getting all the I-864s ready the way you told me and as I was filling out my wife’s I-864 the way you told me in your last posting: (So for your wife's I-864, you would list her in part 5 no. 1, don't list her again on no. 3 where it says "if you are currently married," no. 4 enter 1 for your child, and in number 8 you add the total which is 3) Which I did but I noticed something in the I-864 instruction saying: Part 3 no 2 Family Members: The immigrant you’re sponsoring may be bringing a spouse and/or children to the United States. If the spouse and/or children will be traveling with the immigrant, or within 6 months of the immigrant’s entry to the United States and you’re sponsoring them, you should list the names and other requested information of the lines provided.

Do I need to add our child in my wife I-864 in Family Member 1 or not? Since she is bring our child with her or not worry about this as our child has a separate I-130 petition and do it the way you told me???

Thank you so much!!!

[Ian H. 207]

No you don't list your child on that part. He has a separate I-130 so he cannot be included in your wife's I-864.

As I said before, this section is only for other categories of immigrants that are allowed to bring family members.

When you fill out part 3 for your wife and your parents, you will check the box for "yes" in part. 3 no. 1. You will leave no. 2 blank and everything else in part 3 blank. At the end of part 3 no. 7, you would enter "1".

For part 5. fill out how I explained before in each I-864.

That's why I couldn't promise you and I’m sorry to bother you again with this if that is ok with you. As I’m getting all the I-864s ready the way you told me and as I was filling out my wife’s I-864 the way you told me in your last posting: (So for your wife's I-864, you would list her in part 5 no. 1, don't list her again on no. 3 where it says "if you are currently married," no. 4 enter 1 for your child, and in number 8 you add the total which is 3) Which I did but I noticed something in the I-864 instruction saying: Part 3 no 2 Family Members: The immigrant you’re sponsoring may be bringing a spouse and/or children to the United States. If the spouse and/or children will be traveling with the immigrant, or within 6 months of the immigrant’s entry to the United States and you’re sponsoring them, you should list the names and other requested information of the lines provided.

Do I need to add our child in my wife I-864 in Family Member 1 or not? Since she is bring our child with her or not worry about this as our child has a separate I-130 petition and do it the way you told me???

Thank you so much!!!

Edited July 31, 2014 by Ian H.

[simochaib1 0]

No you don't list your child on that part. He has a separate I-130 so he cannot be included in your wife's I-864.

As I said before, this section is only for other categories of immigrants that are allowed to bring family members.

When you fill out part 3 for your wife and your parents, you will check the box for "yes" in part. 3 no. 1. You will leave no. 2 blank and everything else in part 3 blank. At the end of part 3 no. 7, you would enter "1".

For part 5. fill out how I explained before in each I-864.

Great that will work, so thank you again Ian H!!!!