I-864A help please

[Oyehope 5]

Hello

My husband lives with his brother and sister inlaw (brothers wife) and infant nephew.

His brothers tax return is joint with his wife.

My husband does not meet the minimum threshold so his brother is doing the 1864A household member form. His brother makes more then enough to cover all of us.

We have all the documents now but we are wondering if his wife needs to fill one out since their tax return is joint?

His wife does not work and she does not make an income.

There is no where on the 1864 for my husband to include her in the form. There is also no where for his brother to include her or his son on his 1864a form.

We are trying hard to not get a checklist.

Any and every bif of help will really be appreciated! Please.

[Oyehope 5]

Do we include her as a household member on my husbands 1864. Then she does a seperate 1864A?

[aleful 1,905]

hi

no, because as you stated she doesn't work, so what income would she be combining with her husband?

the i864 and the i864A is to combine income

so the petitioner will file the i864 and his brother the i864A, and send in copies of his W2's

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Oyehope 5]

hi

no, because as you stated she doesn't work, so what income would she be combining with her husband?

the i864 and the i864A is to combine income

so the petitioner will file the i864 and his brother the i864A, and send in copies of his W2's

Thank you Aleful

So NVC won't need an I864A even though she is listed on her husbands tax return?

[NikLR 13,227]

His brother should do an I-864 not an I-864a.

[KayDeeCee 4,893]

Your husband won't list his brother's household members, just his own and his brother, because he is filling out an I-864A as his household member to combine incomes with his. So, if it was just you and your husband and no other dependents, then it will come out to a total household size of 3: himself, you and his brother. Their combined incomes need to meet the requirement for that household size.

The brother should provide his most recent tax transcript plus a copy of his W-2 to show his individual income. That way they can see all the income comes from his brother and none from the wife.

They should both also provide proof of current income, with a letter from employer and/or recent pay stubs. They also need to provide proof of their relationship and that they share the same residence.

[Oyehope 5]

His brother should do an I-864 not an I-864a.

But they live in the same house and therefore are household members. What would be the reason for his brother doing a I-864 instead of their-864a?

NVC pretty clear on there website that if it's a household member you do the i-864a.

Your husband won't list his brother's household members, just his own and his brother, because he is filling out an I-864A as his household member to combine incomes with his. So, if it was just you and your husband and no other dependents, then it will come out to a total household size of 3: himself, you and his brother. Their combined incomes need to meet the requirement for that household size.

The brother should provide his most recent tax transcript plus a copy of his W-2 to show his individual income. That way they can see all the income comes from his brother and none from the wife.

They should both also provide proof of current income, with a letter from employer and/or recent pay stubs. They also need to provide proof of their relationship and that they share the same residence.

KeyDeeCee you are awesome! Thank you so much. That makes lots of sense now.

Cheers.

[NikLR 13,227]

They are not household members in a tax sense which is what matters here. The brother and his wife are, but not your husband.

[Oyehope 5]

They are not household members in a tax sense which is what matters here. The brother and his wife are, but not your husband.

Thank you for your response. Where are you getting your information from. Your statement doesn't seem to add up to what NVC are saying. They define household members as people living together.

[NikLR 13,227]

From reading the instructions for all the i-864 and doing research online. The i-864a is for family members to combine income. Like a husband and wife, parents and dependent child, etc... when you combine incomes it increases the household size as well. So they have to prove a family relationship and the fact they live at the same home plus combine their incomes. If your brother in law qualifies on his own with 3 people (or however many are in his own household) that may be an easier route for you with both your husband and his brother using the i-864.

[Oyehope 5]

From reading the instructions for all the i-864 and doing research online. The i-864a is for family members to combine income. Like a husband and wife, parents and dependent child, etc... when you combine incomes it increases the household size as well. So they have to prove a family relationship and the fact they live at the same home plus combine their incomes. If your brother in law qualifies on his own with 3 people (or however many are in his own household) that may be an easier route for you with both your husband and his brother using the i-864.

Ok I get you now lol (all this stuff is a bit confusing). I'm gonna try call NVC to ask them what's they would prefer we do just in case. I really really don't want a checklist.

Thank you again for your response. I appreciate the help.

[Ian H. 207]

Hmm...correct me if I'm wrong, but in this case it may be better for the brother to do an I-864A instead of his own I-864.

By filing the I-864A the brother doesn't have to include his spouse and child as part of his household size because his income will simply be combined with the OP's husband. Unless I'm missing something huge here, I don't think that the brother's wife and child show up anywhere on the form if the brother will fill out an I-864A.

If he fills out a separate I-864, then he would have to make enough for a household of 4(brother, OP, wife, child) whereas if he does the I-864A the total household size would be 3 (the OP, husband, and brother).

As for proving the relationship, a copy of the brother and husband's birth certs. For proving the same address the tax transcripts would serve as proof plus one form of current evidence such as paystubs (which you would use anyway) or a utility bill or bank statement. Basically something official with the same address slapped across it for each of them.

[Oyehope 5]

Hmm...correct me if I'm wrong, but in this case it may be better for the brother to do an I-864A instead of his own I-864.

By filing the I-864A the brother doesn't have to include his spouse and child as part of his household size because his income will simply be combined with the OP's husband. Unless I'm missing something huge here, I don't think that the brother's wife and child show up anywhere on the form if the brother will fill out an I-864A.

If he fills out a separate I-864, then he would have to make enough for a household of 4(brother, OP, wife, child) whereas if he does the I-864A the total household size would be 3 (the OP, husband, and brother).

As for proving the relationship, a copy of the brother and husband's birth certs. For proving the same address the tax transcripts would serve as proof plus one form of current evidence such as paystubs (which you would use anyway) or a utility bill or bank statement. Basically something official with the same address slapped across it for each of them.

Hi Ian yeah I think that's the way we are going to go use the I-864A with all the evidence plus brothers W-2 like KayDeeCee suggested.

But I'm going to try get in touch with NVC when they open just to make sure.

My worry is that brothers tax return States that he is married (even though the wife makes no money).

[Ian H. 207]

It shouldn't matter if he is married as long as he can prove that is his share of the income which can be done with the W2 plus the letter of employment/pay stubs.