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moneyburner

Does my wife need to file a I864 and I864a or 2 I864 forms?

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My wife has filed an I130 for me and we are getting the AOS part ready but I am a bit confused.

My wife does not work and has no recent tax forms. I understand that she still needs to file a I864 for me.

My wife is 5 months pregnant. At the time we will be (likely) filing the I864 she will still be pregnant however depending on how slow things go getting the NOA2 and other paperwork she may give birth before our interview. Do we need to count our unborn baby as a dependent? I realize if the baby is born before we send in the I864 that we need to include it on that form as a dependent, section 5 number 4.

My wife still lives at home with her family and her father has agreed to help sponsor me. My wife is 25.

On my wifes I864 for section 5, our answers should look like this (right?)

1. 1

2. 1

3. 0 (We don't put 1 here because I am counted in #1 correct?)

4. 0

5. 0

6. 0

7. 1 (this would be her dad?)

8. 3

Or, do I need to fill it out like this since she has siblings. I don't think this is correct but if using the above option, there is no place to list the number of dependents her dad has that I can see)

1. 1

2. 1

3. 0 (We don't put 1 here because I am counted in #1 correct?)

4. 4 (number of siblings at home, unmarried under the age of 21)

5. 1 (this would be her mom)

6. 0

7. 1 (this would be her dad?)

8. 8

Now because she lives at home still, her dad only needs to file a I864a correct?

Thanks for any help you can provide. It seemed so simple until I started thinking about it.

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hi

It is simple you are overthinking

she fills out an i864, her household is 2, you and her, the baby doesn't count because he or she hasn't been born. her father is not her dependent, she did not claim him on her taxes as her dependent or unless she filed for him and he is still an LPR. she will fill it out with $0 income and include a letter explaining why she doesn't have to file taxes.

her father files an i864 as the joint sponsor, he doesn't need to file the i864A since they aren't combining income,

if he has dependents such as spouse and children, they will be listed on his own i864, plus you

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Answers:

  • The unborn baby is not included in the household count. If it is born prior to the interview, an updated I-864 reflecting the change in the household count will have to be brought to the interview.
  • Your will enter 0 in the married section, you were already counted.
  • Her dad is not included in her household count nor are any siblings.
  • Her dad needs to fill out an I-864, not an I-864A. I-864A is for combining income and your wife has no income to combine with her dad.
  • Does her dad claim her or her siblings on his tax return? If no, then his household count is him, his wife, and you. Anyone else who is claimed on the tax return would then be included in the count.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Thank you both for your responses. I'm glad I asked.

Answers:

  • The unborn baby is not included in the household count. If it is born prior to the interview, an updated I-864 reflecting the change in the household count will have to be brought to the interview.

In regards to the baby, will we need to bring in 2 I864 forms if the baby is born before the interview? Hers and her dads?

In regards to her dad's I864, his dependents will be the ones that he will/did put on his taxes for 2013 or 2014?

Edited by moneyburner

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In regards to the baby, will we need to bring in 2 I864 forms if the baby is born before the interview? Hers and her dads?

Your wife will need to redo her I-864, her dad will not.

A Consular Report of Birth Abroad for the baby will need to be obtained so it can be issued a US Passport.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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I'm putting together my evidence and want to make sure I have everything covered.

My wife will submit:

Form I-864

letter stating that she did not file taxes because she was below the threshold

My father-in-law will file:

Form I-864

photocopy of transcript for 2013

photocopy of Form W-2 and 1099 for 2013

photocopy of recent pay stub

photocopy of birth certificate or passport (complete passport of just picture page?)

Everything will be put together in one envelope. Her I864 and supporting doc will be paper clipped together and his I864 and supporting docs will be paper clipped together. Case number will be written on the top of each page.

I'm filing the forms out online and will be printing them off. That fancy barcode isn't generating, which is good because I don't have my A number yet. I also will need to fill some parts of the form out later by hand. Will this be an issue?

Is there anywhere on my wife's I864 that indicates that her father will be filing an I864 as well or is the fact that they are both sent in together enough?

Is there any real benefit for attaching copies of the 3 most recent tax years if my father in law is making over the threshold? Under what conditions would this actually make a difference?

Edited by moneyburner

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Answers in bold and red:

I'm putting together my evidence and want to make sure I have everything covered.

My wife will submit:

Form I-864

letter stating that she did not file taxes because she was below the threshold

My father-in-law will file:

Form I-864

photocopy of transcript for 2013

photocopy of Form W-2 and 1099 for 2013 Not needed when using transcripts

photocopy of recent pay stub

photocopy of birth certificate or passport (complete passport of just picture page?) Data page should be sufficient

Everything will be put together in one envelope. Her I864 and supporting doc will be paper clipped together and his I864 and supporting docs will be paper clipped together. Case number will be written on the top of each page.

I'm filing the forms out online and will be printing them off. That fancy barcode isn't generating, which is good because I don't have my A number yet. I also will need to fill some parts of the form out later by hand. Will this be an issue?

Is there anywhere on my wife's I864 that indicates that her father will be filing an I864 as well or is the fact that they are both sent in together enough?

The fact that he is submitting a form is sufficient enough.

Is there any real benefit for attaching copies of the 3 most recent tax years if my father in law is making over the threshold? Under what conditions would this actually make a difference?


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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