I864 Very Confusing - Help!

[calengineer 4]

My wife, a US citizen, has petitioned her parents using I-130. Here is the situation with the I-864 (affidavit of support):

1. We have filed taxes the last two years as "Married Filing Jointly".

2. Wife has not worked for the past 5 years, but I have therefore the income tax income is solely my salary.

3. I did not meet the poverty line threshold.

4. One joint sponsor, my brother, will sponsor both of my wife's parents.

Here is my questions;

1. Does my wife need to put the annual income that is on the tax returns even if I was the only one that worked?

2. Do I need to submit an i-864A?

3. Given these circumstances, how to fill out "Part 3" of the I-864?

4. Does my wife need to submit two I-864? myself two I-864A? and my brother two I-864? (One of each for Mother and Father of wife).

Please help!!

[calengineer 4]

Also, do we need to file one I-864 for each parent?

[kausar 26]

you have to file i 864 separately for each parent. your wife has to file i 864 but she cannot enter your income against her name. if she doesnt work she need to check the box unemployed in part 6 and put her income as zero and put your name and income in part 6, 6a-6c. you need to fill form i 864 a at the same time.

In part 3 she should check the box yes in #1.

[calengineer 4]

you have to file i 864 separately for each parent. your wife has to file i 864 but she cannot enter your income against her name. if she doesnt work she need to check the box unemployed in part 6 and put her income as zero and put your name and income in part 6, 6a-6c. you need to fill form i 864 a at the same time.

In part 3 she should check the box yes in #1.

Thank you, but what about part 3? If the main immigrant on one form is the mother, does the father also need to be included as a family member under part 3?

[arken 4,197]

Did she file two i130 one for each parent, then she needs to file two i864 one for each parent. If only one i130 is filed for mother and the father listed as mother's spouse, then file only one i864 with primary immigrant being the mother. The father will be listed in Part 3 as family member of primary immigrant. If the father is not planning to come with the mother or within 6 months of mother's arrival to US, u don't include father and should file separate i864 for him when he plans to immigrate.

[calengineer 4]

Did she file two i130 one for each parent, then she needs to file two i864 one for each parent. If only one i130 is filed for mother and the father listed as mother's spouse, then file only one i864 with primary immigrant being the mother. The father will be listed in Part 3 as family member of primary immigrant. If the father is not planning to come with the mother or within 6 months of mother's arrival to US, u don't include father and should file separate i864 for him when he plans to immigrate.

Yes, wife did file an I-130 for each of them. However, both received the same USCIS case number. In that case, tell me if my understanding is correct; Wife has to file an I-864 for each parent, and only mentioned the primary immigrant on part 2, in one the mother and on the other the father? no one should be on part 3 for additional family members... correct? And by the way, both parents intend to immigrate within 6 months.

[arken 4,197]

I belive that's correct.

On part 3 #1, check YES

On Part 3#2, leave blank..

[newacct 688]

There's no point for your wife to list your income or for you to fill out an I-864A since that will still not meet the requirement and you are using a joint sponsor.

[calengineer 4]

I belive that's correct.

On part 3 #1, check YES

On Part 3#2, leave blank..

So you're saying I should only put a main principal immigrant in each I-864? One for parent and on the other the mother correct? And leave part 3#2 blank.

There's no point for your wife to list your income or for you to fill out an I-864A since that will still not meet the requirement and you are using a joint sponsor.

I do not meet the necessary income, my wife and I filed taxes together. Therefore, isn't she required to put our taxes? or to say that she has done taxes in the last three years?

[newacct 688]

I do not meet the necessary income, my wife and I filed taxes together. Therefore, isn't she required to put our taxes? or to say that she has done taxes in the last three years?

Yes, she needs to fill out the "total income" line from her tax returns for the last 3 years and attach 1 year of tax returns.

But that is unrelated to the questions about current income.

[calengineer 4]

Yes, she needs to fill out the "total income" line from her tax returns for the last 3 years and attach 1 year of tax returns.

But that is unrelated to the questions about current income.

Thanks, we will attach them. Since we will file an i-864 for every parent, I assume the following should be left blank:

Part 3 - Question 1B (No, Applicable to only cases of two join sponsors)

Part 3 - Question 2 and any of 2a through 2f.

[Urvashi 11]

Hi everyone, really need some help here.

So my husband and I have been filling the I-864 form and we have a few questions regarding the form.

1) In Part 2, Item 2.a., they are asking for the mailing address of the immigrant. Now my address doesn't fit in the space they have provided(people living in India will understand). What do I do? Just put in the smaller version of the address? Or write however much fits into it electronically and then just write the few letters that don't fit using a pen?

2) In Part 6, Item 5: Current Individual Annual Income. The thing is, my husband got a raise in February or March, so his annual income this year would be more than last year. Whereas, his most recent tax transcripts will obviously show the annual income according to his previous salary. Would this create any problems?

Also, my husband got his employment letter from his HR person and on the letter they have mentioned his annual salary, which does not include any of the bonuses he receives every year. So would the number indicated on the letter be his "Current Individual Annual Income"? Or the one mentioned in his W-2's which are obviously for 2014. We are seriously confused about this current annual income thing.

3) Okay this will be the last question, just double checking. We are supposed to put in N/A or NONE in all the fields that are not applicable to us and allow actually typing those things in, right? What about the fields that do not allow N/A or NONE to be typed in? Example: Immigrant's Alien Number(I don't have one yet.) or since what date my husband(the sponsor) is unemployed(he is not unemployed). Do we just write it down using a pen when we print it out? Or do we just put N/A or NONE in all the places it allows us to and leave other things blank?

4) Also, are we better off just filling the I-864EZ form instead of the I-864?

Thank you so much in advance. I am just concerned and we do not want to get any stupid checklists that will keep me and my husband further apart! Just trying to be really precise here, and would really appreciate any help we can get.

Thank you again.