I-864 Filing Question

[some128 1]

My father, the petitioning sponsor, is sponsoring my step-mother and step-brother. He filed two separate I-130 forms: one for my step-mother and one for my step-brother. Therefore, he has to file two separate I-864 forms: one for my step-brother and one for my step-mother.

He has been unemployed since January 1st, 2013. So he was unemployed from January 2013 to June 2014. On July of 2014, he began receiving SSI (Supplemental Security Income) for aged individual until now. He has not filed taxes for 2013 and 2014 but he did for 2012.

My question is:

Since he is unemployed, do I put he was unemployed since 2013 or 2014? As far as I know, the NVC looks at the current income so do I put he was unemployed since 2013 or 2014?

Since he is receiving SSI payment starting from last year = 2014 (the most recent and current year) and he does not file taxes, what should I put for his current annual income? Do I put a $0 or do I take his monthly SSI payment and multiply by 12 to get the annual income?

Does he need to submit evidence for the years 2012 and 2013 along with 2014?

Since my father filed two separated I-130 petitions, he has to file two separate I-864 forms. How does he count the household size?

On my step-mother's I-864 form, does he only count himself, me and my step-mother or does he need to count himself, me, my step-mother and step-brother (who would be immigrating within 6 months with her even though he has his own I-130 petition and visa petition)? If he only counts himself, me and my step-mother, how do I fill out the form my step-brother where it asks about my father's spouse?

On my step-brother's I-864 form, how does my father count the household size?

[some128 1]

Can anyone help?

[newacct 688]

My father, the petitioning sponsor, is sponsoring my step-mother and step-brother. He filed two separate I-130 forms: one for my step-mother and one for my step-brother. Therefore, he has to file two separate I-864 forms: one for my step-brother and one for my step-mother.

He has been unemployed since January 1st, 2013. So he was unemployed from January 2013 to June 2014. On July of 2014, he began receiving SSI (Supplemental Security Income) for aged individual until now. He has not filed taxes for 2013 and 2014 but he did for 2012.

My question is:

Since he is unemployed, do I put he was unemployed since 2013 or 2014? As far as I know, the NVC looks at the current income so do I put he was unemployed since 2013 or 2014?

You said he was unemployed since 2013, right? I don't understand what's the ambiguity.

Since he is receiving SSI payment starting from last year = 2014 (the most recent and current year) and he does not file taxes, what should I put for his current annual income? Do I put a $0 or do I take his monthly SSI payment and multiply by 12 to get the annual income?

I think you can put SSI payment times 12.

Does he need to submit evidence for the years 2012 and 2013 along with 2014?

Since my father filed two separated I-130 petitions, he has to file two separate I-864 forms. How does he count the household size?

On my step-mother's I-864 form, does he only count himself, me and my step-mother or does he need to count himself, me, my step-mother and step-brother (who would be immigrating within 6 months with her even though he has his own I-130 petition and visa petition)? If he only counts himself, me and my step-mother, how do I fill out the form my step-brother where it asks about my father's spouse?

On my step-brother's I-864 form, how does my father count the household size?

What do you mean by evidence?

Since my father filed two separated I-130 petitions, he has to file two separate I-864 forms. How does he count the household size?

Each one counts independently

On my step-mother's I-864 form, does he only count himself, me and my step-mother or does he need to count himself, me, my step-mother and step-brother (who would be immigrating within 6 months with her even though he has his own I-130 petition and visa petition)? If he only counts himself, me and my step-mother, how do I fill out the form my step-brother where it asks about my father's spouse?

Himself + immigrant (step-mother) + you if you are a dependent child + step-brother if he is a dependent child.

On my step-brother's I-864 form, how does my father count the household size?

Himself + spouse (step-mother) + immigrant (step-brother) + you if you are a dependent child.

[some128 1]

You said he was unemployed since 2013, right? I don't understand what's the ambiguity.

Since he is receiving SSI payment starting from last year = 2014 (the most recent and current year) and he does not file taxes, what should I put for his current annual income? Do I put a $0 or do I take his monthly SSI payment and multiply by 12 to get the annual income?

I think you can put SSI payment times 12.

Does he need to submit evidence for the years 2012 and 2013 along with 2014?

Since my father filed two separated I-130 petitions, he has to file two separate I-864 forms. How does he count the household size?

On my step-mother's I-864 form, does he only count himself, me and my step-mother or does he need to count himself, me, my step-mother and step-brother (who would be immigrating within 6 months with her even though he has his own I-130 petition and visa petition)? If he only counts himself, me and my step-mother, how do I fill out the form my step-brother where it asks about my father's spouse?

On my step-brother's I-864 form, how does my father count the household size?

What do you mean by evidence?

Since my father filed two separated I-130 petitions, he has to file two separate I-864 forms. How does he count the household size?

Each one counts independently

Himself + immigrant (step-mother) + you if you are a dependent child + step-brother if he is a dependent child.

Himself + spouse (step-mother) + immigrant (step-brother) + you if you are a dependent child.

So where it says unemployment, I just entered 2013 and for the income, I just take the current SSI monthly payment x 12 = current annual income? The picture is below.

What do I fill in for the boxes below? My father filed taxes for 2012 so I have the information for that year. For 2013 and half of 2014, my father was unemployed and I plan to write two separate written explanations: one for each year.

So this is how I fill in for my step-brother's household size?

Persons sponsored on affidavit = my step-brother

Yourself = my father

Spouse = my step-mother (also an intending immigrant)

Other dependent = me

So this is how I fill in for my step mother?

Persons sponsored on this affidavit = step-mother (principal immigrant) and step-brother (immigrating together but he has his own I-130 petition and immigration visa application)

Yourself = my father

Other dependent = me

But I am confused about this? If I check the box saying that my father is sponsoring the following immigrants with the principal immigrant which means my step-brother is immigrating with my step-mother at the same time or within 6 months. However, the last sentence says to not include any relatives on a separate visa petitions. My step-brother has his own I-130 form and separate AOS fee invoice, IV fee invoice and IV application. Does that make a difference on how I should fill in for the household size then?

When I mention the evidence of the years 2012 - 2014? I mean the evidence of income/tax.

2011 and previous years - he worked and filed taxes every year.

2012 - My father did file taxes.

2013 - My father was unemployed so he did not file taxes.

2014 - My father was unemployed so he did not file taxes and began receiving SSI payment during the middle half of the year.

As far as I know, the NVC requires the evidence for the most recent 3 years, how should I present the evidence for the years 2013 and 2014?

Edited July 10, 2015 by some128

[some128 1]

I am thinking that for my step-mother's household size, the answer is 3 as it only counts my step-mother (intending immigrant), my father (main petitioning sponsor) and myself (dependent).

While on my step-brother's household size, the answer is 4 as it counts my father (main petitining sponsor), my step-mother (spouse - who has her own I-864), myself and my step-brother.

Can anyone check this if I think it right? The reason for my thinking is that my step-mother and step-brother have separate visa petitions even though the NVC will try to schedule an interview for both of them.

[newacct 688]

So where it says unemployment, I just entered 2013 and for the income, I just take the current SSI monthly payment x 12 = current annual income? The picture is below.

Sounds good

What do I fill in for the boxes below? My father filed taxes for 2012 so I have the information for that year. For 2013 and half of 2014, my father was unemployed and I plan to write two separate written explanations: one for each year.

Sounds good

So this is how I fill in for my step-brother's household size?

Persons sponsored on affidavit = my step-brother

Yourself = my father

Spouse = my step-mother (also an intending immigrant)

Other dependent = me

Yes, if you are really a dependent child of your parents.

So this is how I fill in for my step mother?

Persons sponsored on this affidavit = step-mother (principal immigrant) and step-brother (immigrating together but he has his own I-130 petition and immigration visa application)

Yourself = my father

Other dependent = me

But I am confused about this? If I check the box saying that my father is sponsoring the following immigrants with the principal immigrant which means my step-brother is immigrating with my step-mother at the same time or within 6 months. However, the last sentence says to not include any relatives on a separate visa petitions. My step-brother has his own I-130 form and separate AOS fee invoice, IV fee invoice and IV application. Does that make a difference on how I should fill in for the household size then?

Your step-mother and step-brother are on separate petitions, so each I-864 should only list one immigrant.

However, I am guessing that your step-brother is a dependent child of your father's (it sounds like he is being petitioned as an under-21 child, and most under-21 children are probably dependents). If so, it would be 1 (persons sponsored on this affidavit) + 1 (yourself) + 0 (spouse) + 2 (dependent children), assuming you are a dependent child.

When I mention the evidence of the years 2012 - 2014? I mean the evidence of income/tax.

2011 and previous years - he worked and filed taxes every year.

2012 - My father did file taxes.

2013 - My father was unemployed so he did not file taxes.

2014 - My father was unemployed so he did not file taxes and began receiving SSI payment during the middle half of the year.

As far as I know, the NVC requires the evidence for the most recent 3 years, how should I present the evidence for the years 2013 and 2014?

The I-864 form requires 1 year of tax return; 3 years is optional. Don't know about NVC. You obviously don't need to provide the ones for the years for which you have already provided an explanation that they did not file.

[some128 1]

Sounds good

Sounds good

Yes, if you are really a dependent child of your parents.

Your step-mother and step-brother are on separate petitions, so each I-864 should only list one immigrant.

However, I am guessing that your step-brother is a dependent child of your father's (it sounds like he is being petitioned as an under-21 child, and most under-21 children are probably dependents). If so, it would be 1 (persons sponsored on this affidavit) + 1 (yourself) + 0 (spouse) + 2 (dependent children), assuming you are a dependent child.

The I-864 form requires 1 year of tax return; 3 years is optional. Don't know about NVC. You obviously don't need to provide the ones for the years for which you have already provided an explanation that they did not file.

Thank you very much for the above answers. I am finishing up all the last required documents so I can send to the NVC. We just found a joint sponsor and my father is very happy about the news. I just have a few more questions, if you don't mind.

Yes, my step-mother and step-brother are on separate petitions. Therefore, I know that for my step-mother's petition, the household size only counts my father, me and my step-mother. It won't count my step-brother as he's on a different petition. Therefore, wouldn't my step-brother's household size be 1 (persons sponsored on this affidavit) + 1 (my father = sponsor = yourself) + 1 (spouse = my step-mother = also an immigrant) and 1 (dependent = myself) = 4? My father is married to my step-mother (spouse) who is my step-brother's mother. So won't she be counted as the spouse instead?

Step-mother's AOS Household Size: 3 = 1 (persons sponsored on this affidavit) + 1 (sponsor = my father) + 1 (dependent = myself)

Step-brother's AOS Household Size: 4 = 1 (persons sponsored ont his affidavit) + 1 (sponsor = my father) + 1 (spouse = my step-mother) + 1 (dependent = myself)

My next questions is, do I check the box in the below below even though my father only has income tax return for the year 2012 and no tax returns for 2013 and 2014?

According to the visajourney wiki, it says "Although the I-864 instructions say if the answer is none or N/A, then to leave it blank, do NOT do this." Should I write in "none" or "N/A" in those blank spaces or just leave them blank?

My step-mother and step-brother have two different priority dates, will this affect their interview time? I mean, will they be able to get the same time or will they have their own interview time? Will this affect the time they get the visa?

Thank you very much!

Edited July 10, 2015 by some128