I-864 or I-864A?

[bensonuk89 0]

Hi everyone,

I have two issues with the Affidavit of support as below, I'd really appreciate some help

I'll give a little info 1st.. My wife (US citizen) has been with me for over a year in the UK and has been working while here. We are using her step father as a sponsor to meet the financial requirements. So I have the following questions..

1) I assume my wife's current individual income should be $0.00 as her income has not been made in the US? Also, should she still fill out the sections for her tax return for 2013 & 2012?

2) If the above is correct and my wifes income is listed as $0, can her stepfather's salary be classed as household income where he would simply submit a I-864A for the full financial amount? Or do both he and my wife submit a I-864?

3) How is the household size calculated.. my understanding is the immigrant(me), wife (Sponsor) & step dad (Household income used). Therefore a total household size of 3, would her mother be counted even though she is not being used as part of the household income to meet the income requirement?

Any help would really be appreciated!

Thanks,

Callum

[dnp2014 44]

1) Yes.. you should fill all income information from past 3 years also current..

2) SF should submit I-864 with his tax returns and W2 (or whatever income source)

3) Household Size >> SF, any of his dependents (spouse, if any kids on tax returns), plus you

[Nich-Nick 3,353]

Wife's I-864 is household of 2 (her, you)

Dad's separate I-864 is household of 3 (Dad, his wife, you)

He may add his wife's income to his on the form. If so his wife does an I 864A to show it's okay for Dad to list her income toward the immigrant.

Read the instructions while looking at a printout of the form(s) and it will become clearer to you. Read them 2-3 times even.

Since your wife is in the UK, are you planning to file at the LONDON USCIS office instead of Chicago lockbox? With DCF, you won't submit the affidavit of support until you go to your interview. Useful guide for that specific to the UK http://www.visajourney.com/wiki/index.php/DCF_London

[bensonuk89 0]

Thanks for the quick replies:)

So just to clarify, my wife fills out a I-1864 with no income and I guess ticks that she is the 1st of two joint sponsors? Or is she just the petitioner and step father would fill out the I-1864 & tick that he is the only joint sponsor?

Thanks again,

Callum

[Nich-Nick 3,353]

Thanks for the quick replies:)

So just to clarify, my wife fills out a I-1864 with no income and I guess ticks that she is the 1st of two joint sponsors? Or is she just the petitioner and step father would fill out the I-1864 & tick that he is the only joint sponsor?

Thanks again,

Callum

So-o-o, I guess you couldn't be bothered the read the instructions???

Part 1. Basis for Filing Affidavit of Support.

(Wife) 1.a. Check Item Number "1.a." if you are the petitioner who is filing or who has already filed a Form I-129F for a fiancé (e), Form I-130 for a family member, or Form I-600 or Form I-600A for an orphan. If you are the petitioner, you must sponsor each intending immigrant.

(Dad) 1.d. Check Item Number "1.d." if you are the only joint sponsor.

1. Who Completes and Signs Form I-864?

A sponsor completes and signs Form I-864. A sponsor is required to be at least 18 years old and domiciled in the United States, or its territories or possessions (see Part 4, Information on the Sponsor, Item Number 5. of these instructions for more information on domicile). The petitioning sponsor must sign and complete Form I-864, even if a joint sponsor also submits an I-864 to meet the income requirement. The list below identifies who must become sponsors by completing and signing a Form I-864.

a. The U.S. citizen or lawful permanent resident who filed a Form I-129F, Petition for Alien Fiance(e), for a fiance(e), Form I-130, Petition for Alien Relative, for a family member; Form I-600, Petition to Classify Orphan as an Immediate Relative, or Form I-600A, Application for Advance Processing of Orphan Petition,

Your wife gets around the domicile thing by showing she intends to reestablish her domicile in the US. She doesn't have to go before you. She can wait on you and the visa.

Edited December 17, 2014 by Nich-Nick