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What Are the Requirements for a Household Member to Sign USCIS Form I-864a?

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I asked my biological father to be a "household member" in order to sign for the i-864A but i found an article saying that the person must be living with you. Is that true? I guess it makes sense considering it says "household member" but he and my biological mother do still support me in a way despite my living with other relatives. Also, if I can get pass this, does the "household member" need to have filed income tax in the past 3 years? my biological did not file in 2012 or 2011. I have two people living with me who've filled out and signed the papers but the income is not enough hense why i want my biological father to be one as well. This is for petition i-130 spouse

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Filed: Lift. Cond. (apr) Country: China
Timeline

~Moved from K1 Process to IR1/CR1 Process Forum~

~Spousal visa petition inquiry, not K1-related~


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Filed: Lift. Cond. (apr) Country: China
Timeline

If you don't meet the financial requirements of the I-864 on your own and need a joint sponsor and if your father is willing, then he should fill out an I-864 also; not an I-864A.


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Thanks. I just figured that out. Umm so does he need to have filed income tax for 2011 and 2012? He only filed for 2013 and the form says to list the three recent. Would he need to write a letter explaining why he didnt file in 2012 and 2011?

If you don't meet the financial requirements of the I-864 on your own and need a joint sponsor and if your father is willing, then he should fill out an I-864 also; not an I-864A.

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If he was exempt from filing in any of the 3 previous tax years, yes, he has to include a statement as to why he wasn't required to file.


This does not constitute legal advice.

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Is there a certain way to write this letter? who does it need to be addressed to? Is there a template? i also need to write a letter as to why i did not file income tax because i am a college student and never had a job.

If he was exempt from filing in any of the 3 previous tax years, yes, he has to include a statement as to why he wasn't required to file.

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You basically want to write a simple statement explaining your reasons for not filing and not being required to file. I will attach a sample letter, which is the same format that I used when preparing both of my cousins' AOS package.

In the letter the part about the IRS publication only applies if you didn't file for a reason other than low or no income, i.e. you have other income, but it's non taxable. In this case you have to attach a copy of the IRS publication that gives you this exemption. Same goes for your father.

The sample letter is generic in nature so you have to edit the wording to reflect your particular situation, for example if you only filed taxes for one of the 3 years, you can edit it to reflect that. If you didn't file taxes, but had other income, you have to explain that this income was non taxable or what have you, and attach proof of the IRS exemption. Again, same goes for your father.

Also, just to make sure, your father needs to make enough on his own for his household size, he cannot combine his income with yours if you don't live together.


Here is the letter:

August 21, 2013

To Whom It May Concern:

RE: Sponsor’s Name, Petitioning or Joint Sponsor

SS # Sponsor’s SSN

Dear Sir/Madam,

Per the instructions for Form I-864, Affidavit of Support, I am attaching this written explanation for the lack of federal income tax returns for the last three tax years.

I didn’t file federal income tax returns for the years 2013, 2012, and 2011 because I had no income and wasn’t required to file a return. **or whatever other reason.

I am attaching copies from the IRS publications that show my exemption from filing for each of the last three tax years. Please feel free to contact me should you have any further concerns.

Sincerely,

Signature

Print Name


This does not constitute legal advice.

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