General I-864 Questions

[Stressed Out 81]

Since we're doing DCF and got our approval notice yesterday, I figured I better start filling stuff out ahead of time. My mom's due to Skype with me on Sunday to fill out her own I-864 for my dad. (He has zero computer skills, that's why she's helping him, haha) For those of you that don't know me yet, I live in Germany with my husband and we don't even have enough assets to meet the requirements, so we need my dad to joint sponsor with me. We'll be moving in with them upon our arrival.

Anyhow...the I-864 is quite the beast to me. I've figured out a good bit, but still hoping you wonderful people can help clean this mess up for me:

For my dad's I-864:

1. On Part 3 does he list me as one of the family members accompanying the primary immigrant? I know being a USC I'm not really an immigrant, but I don't see how else he should add me into his Household Size on Part 5

2. As mentioned above, how does my dad list me in his household size? It'll be my parents and my husband and me living together when we move. They don't claim me in their taxes anymore.

For my I-864:

1. In Part 4 "Other Information" where it asks country of domicile, what should I put? I live in Germany, but am required to have domicile in the US to qualify as a sponsor. I can show proof of reestablishment of US domicile in the past year, but I don't want to lie and just write "USA" when I stay in Germany most of the year.

2. I only include myself and my husband in our household size, right? The whole thing lies on my dad's petition anyway since I don't meet the requirements, so the household size he puts down (with us moving in) is what they're looking for, correct?

3. For my income....like I said I live in Germany and have a couple paper route jobs is all. Do I list my income as $0 simply because it's a foreign income that stops when I move?

4. Am I even required to fill out the assets section if I have a joint sponsor? It says optional, but I know that's for petitioners in the US who make enough money.


That should be it...for now, lol. Thanks for any insight you might be able to provide!

[KayDeeCee 4,891]

You are not part of your father's household size as he does not claim you as a dependent on his taxes.

Domicile is the US and you will need to prove you have still established the US as your domicile or are in the process of establishing it. See page 3 of the I-864 instructions, and this thread is helpful > http://www.visajourney.com/forums/topic/485927-proof-of-us-domicile/

Yes, your household is just you and your husband.

You can list your foreign income, but it will not be counted. You can also list $0. You need to provide your most recent tax transcript and list the income amounts from the last 3 years. If you did not file any of the last 3 years, then you must provide a statement as to why you were not legally required to file.

Assets are not required for anyone. Assets are used by those that want/need to use them in place of income or along with income in order to meet the poverty guideline requirement.

~ Moved from IR-1/CR-1 Process to Direct Consular Filing - OP doing DCF ~

[Stressed Out 81]

So putting $0 for my income and and leaving the whole asset section BLANK is acceptable for them?

And you're saying even with me moving in with them, that my dad will list only 3 people as his household size?

[KayDeeCee 4,891]

Yes. It states on the I-864 form that the assets section is not required in bold and that you can skip to part 8. Leave that whole part 7 blank.

Everyone you live with is not necessarily in your household count.

From page 8 of the I-864 instructions:

How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ

[Stressed Out 81]

Yeah but it mentioned on the assets section if your income exceeds or meets the poverty line that it's not required, so I didn't know if I was required to fill it out since we're under that threshold, but I just wrote "using joint sponsor" in the first box there. They shouldn't complain.

btw, thanks for the link. Can you tell me if this cover letter looks meaty enough?(And if you think I should leave out the employment part for my husband) I've heard you're not supposed to seek employment without an approved visa, but this is a family business and they're going to take him over either way, so I'm not sure whether to add that or not.

NAME(NG)
SSN#
FORM I-864
Part 4, Question 5: Country of Domicile

I, NG, am currently residing in Germany with my spouse, LG. Below you will find a list of attached documents to show that my principle residence is in the US and the steps that I have taken to return to the US with my husband.

Steps I have taken to maintain US Domicile:
-- Maintained my Oklahoma voter registration (have also voted absentee in two elections from Germany)
-- Maintained my VISA credit card registered with US mailing address
-- Reopened/Maintained my bank account at Arvest Bank
-- Maintained my Oklahoma drivers license (my only drivers license)
-- Beginning to ship items to my parents' address where we will live permanently (**Note Explanation Letter)
-- Maintained my US mailing address
-- Have property (Furniture) in the care of my parents
-- Obtained jobs for myself and my husband (upon receiving Green Card) with my parents' 33-year-old HVAC business (**Note Explanation Letter)

Supporting Documents for the above steps I have taken:
-- Copy of voter registration card showing permanent US address/married name
-- VISA credit card statement showing US billing address
-- Proof of Arvest bank account showing permanent US address

-- Copy of Oklahoma drivers license showing permanent US address

-- Copies of receipts from DHL as proof of shipping belongings to my previous residence
-- Letter from my parents stating that my living quarters and property have been maintained during my absence

-- Letter from myself explaining our personal situation now and upon arriving in the US (**Regarding above-mentioned topics)
-- Formal TH H&C Co. Letterhead stating parents' intent to employ us

I declare that I intend in good faith to re-establish my domicile in the United States at the same date as my husband's entry to the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: Date:
NG

[Ian H. 207]

Even if your income is zero you have to sponsor since you are the petitioner, which is why they require an I-864 from you. All you need to do is fill out the required parts as suggested above. This is why they would need a joint sponsor, in this case your parents.

In part 3, you and your dad only answer yes on no 1, and leave everything else in that section blank, except for no 7, where you enter "1" for your husband.

If your mom will be counting her income as well, she will need an I-864A. Otherwise your dad needs to prove his share of the income if they file jointly.

[Stressed Out 81]

Yeah I know I have to sponsor, I was only asking if I should write $0 since it's a foreign income or the $3,972. I just wrote $0 though.

My mom and dad own their company together, but mom hasn't drawn a paycheck in a few years, giving my dad a raise instead...it's a long, chaotic story. They were under a rough economy. So, mom won't be submitting any I-864a, just my dad since his income alone is more than enough.

[Ian H. 207]

Ok, I understand, but if they file taxes jointly, he needs to prove that's his share of the income. Since he is self employed, they would want to see his schedule C from his taxes. Otherwise they will require an I-864A for mom.

In my experience, in cases of self employment, they wanted to see the full tax return. I received a checklist from the NVC for this, and they asked for a letter of self employment. I don't know, maybe it varies due to the nature of the business.

As for the foreign income, I didn't know like suggested above, it wouldn't be counted so you can just put zero. This won't affect you because you have a joint sponsor. The important thing here is your taxes, as long as you filed them or are exempt from filing and attach an explanation, they won't bother you about your income.

[Stressed Out 81]

Yeah I'm getting ready to type up the tax exemption explanation. Can you look at that cover letter I just posted above and tell me what you think?

And I hear you on the joint tax returns. My uncle was a CPA for years and did the taxes for them. I told him what was needed for this stuff and he said he'd make sure my parents had the right documents in order.

[KayDeeCee 4,891]

Yeah but it mentioned on the assets section if your income exceeds or meets the poverty line that it's not required, so I didn't know if I was required to fill it out since we're under that threshold, but I just wrote "using joint sponsor" in the first box there. They shouldn't complain.

btw, thanks for the link. Can you tell me if this cover letter looks meaty enough?(And if you think I should leave out the employment part for my husband) I've heard you're not supposed to seek employment without an approved visa, but this is a family business and they're going to take him over either way, so I'm not sure whether to add that or not.

NAME(NG)

SSN#

FORM I-864

Part 4, Question 5: Country of Domicile

I, NG, am currently residing in Germany with my spouse, LG. Below you will find a list of attached documents to show that my principle residence is in the US and the steps that I have taken to return to the US with my husband.

Steps I have taken to maintain US Domicile:

-- Maintained my Oklahoma voter registration (have also voted absentee in two elections from Germany)

-- Maintained my VISA credit card registered with US mailing address

-- Reopened/Maintained my bank account at Arvest Bank

-- Maintained my Oklahoma drivers license (my only drivers license)

-- Beginning to ship items to my parents' address where we will live permanently (**Note Explanation Letter)

-- Maintained my US mailing address

-- Have property (Furniture) in the care of my parents

-- Obtained jobs for myself and my husband (upon receiving Green Card) with my parents' 33-year-old HVAC business (**Note Explanation Letter)

Supporting Documents for the above steps I have taken:

-- Copy of voter registration card showing permanent US address/married name

-- VISA credit card statement showing US billing address

-- Proof of Arvest bank account showing permanent US address

-- Copy of Oklahoma drivers license showing permanent US address

-- Copies of receipts from DHL as proof of shipping belongings to my previous residence

-- Letter from my parents stating that my living quarters and property have been maintained during my absence

-- Letter from myself explaining our personal situation now and upon arriving in the US (**Regarding above-mentioned topics)

-- Formal TH H&C Co. Letterhead stating parents' intent to employ us

I declare that I intend in good faith to re-establish my domicile in the United States at the same date as my husband's entry to the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: Date:

NG

The part about how if your income meets the requirement, then assets not needed is because if someone's income alone is not enough, then they can use assets to offset the amount they are short. They are still not required, even if you don't meet the income requirement. You can use a joint sponsor instead, which you are doing.

I have never had to prove domicile, but what you have looks pretty good to me. You are allowed to look for jobs before gaining permanent residency upon entry to the US. You just cannot begin working before having the legal presence in the US that allows employment. It is ok to say he will have a job after he enters the US.