i864 or i864a

[sugeeamimi15 0]

Hi, I'm applying for my AOS per marriage with a U.S. citizen. My hubby is fresh out of college so we asked his dad and sister to be the green card sponsor. In filing out i864 form I have some questions:

1. Should my sister-in-law file a I-864 or I-I864a?

I know my husband is the petitioning sponsor who definitely needs to file an I-864. Then my father-in-law is also filing an I-864 as a joint sponsor. Though his income is sufficient I asked my sister-in-law to chip in just to be safe. The question is, should she file I-864 or I-864a? My father-in-law files income tax jointly with his wife. My sister-in-law is over 21 yrs, single, and has been filing tax return individually for the last three years. She's by no means her dad's dependent but she lives with her parents in the same house right now with the same household address. In that case, should she file an I-864a as a household member of her dad, or an I-864 as a second joint sponsor?

Also, if she files I-864a, is there any supporting doc needed to prove they live in the same address? All her tax return transcript has the same address as her dad's.

2. Part 6 line 13

In my father-in-law's I-864, I'm confused with Part 6 line 13, annual income.
My in-laws file joint tax return, but I don't intend to let my mother-in-law be a co-sponsor as she's been unemployed since a year ago.
Should Part 6 line 13 be my father-in-law's own income per his W2 or the joint income with his wife per the joint tax return transcript?

If it's just his own income per W2, will the discrepancy confuse the immigration office as it doesn't match the tax return transcript that shows income of him and his wife?

3. Part 6 line 5

I found the current income provided by my sponsors slightly different from their pay stubs. The number calculated per their pay stub is slightly less or more than what they claim in the i864 form, by about 2k (e.g., 65,000 on the form vs. 67000 by projection of pay stub; or 37,500 on the form vs. 35,000 by projection of pay stub). I wonder such disparity will matter? Must the number be very exact even though that's a ball-park projection? I could update the forms based on whatever is suggested here. Just want to know the best practice.

Thanks for your answers in advance!

[KayDeeCee 4,891]

If the father's income meets the requirement for his own household size plus the intending immigrant, then there is no need to add the income of someone else. You can, if you really want to, but might be easier just to have the father fill out his own I-864 and his wife an I-864A to go along with his, since they file jointly. And yes, for his current individual income, you list his income amount alone, backed up with letter from employer and/or recent pay stubs. Since it is joint, provide the joint tax transcript plus his W-2 to point out his individual income from the joint return.

If you go ahead with adding another household member, then the sister can fill out another I-864A, separate from the mother's. There can be more than one I-864A added with an I-864. The incomes will all be combined together on the I-864 and everyone will be included in the household count for meeting the income requirement. Without the sister, the father would not need to count her in his household for meeting the income requirement on his own.

Current income is what they are currently earning, and won't necessarily match what they made in the past that is listed on their tax returns. List the current income amount that is supported by a letter from employer and/or pay stubs.

[sugeeamimi15 0]

Thank you, CayCeeDee, for your reply. Your explanations are very clear. I'll add my sister in law to my father in law's household. So she's filing out the i864a.

Appreciate your help!