Affidavit of Support

[me_2015 0]

Can someone please be kind enough to give me some thoughts to all my questions below. Thank you.

a. I'm not working for over 3 years now because I have to take care of my kid but my father in law is willing to become my joint sponsor. As a petitioner I will have to fill out FORM I864 and my joint sponsor will fill out FORM I864 as well am I right? I have read that it is better to use FORM I864 than using FORM I864A because it makes it more complicated.

b. In the question if I filed tax return from the previous 3 years should I just leave it blank or check it that I filed, but the thing is my husband claimed me as his dependent and filed jointly with me eventhough I don't have an income. If I decided to hand copies of the tax return my husband filed from the last 3 years will he also file FORM I864A even though he has nothing to do with this petition because he is not my joint sponsor?

c. My joint sponsor filed taxes jointly with his wife as well should his wife fill out FORM I864A since her income was also added in the tax return.

I would really appreciate it if someone can answer my questions. I have posted this in the other topics but people are just viewing it and no one give any opinions. I just want to know which form I need to use.

Thank you.

[Penguin_ie 5,994]

I think one reason people didn't answer you is because this is confusing- who are you filing for, and where are they? If you are filing for your husband, and he is already in the USA and working, what visa is he on?

a- correct, and assuming the father in law is legally in the USA, that is fine,

b. you probably need to send the tax returns, but it depends on the questions above (ie who are you filing for), and how you filed- married filing jointly?

c- yes.

[newacct 688]

a. A "joint sponsor" would fill out an I-864. A "household member" of yours would fill out an I-864A so that their income can be counted in your household. Your father in law is probably not your household member.

b. If you filed Married Filing Jointly with your husband, then that's your tax return. You need to provide the "total income" line from your tax return for those years. Your husband does not have to fill out an I-864A if you are not including his income in your household income (and there is no point to include his income anyway since there is a joint sponsor).

c. If the joint sponsor's own income is not enough, he can include his spouse's income by having her fill out an I-864A.

[me_2015 0]

I think one reason people didn't answer you is because this is confusing- who are you filing for, and where are they? If you are filing for your husband, and he is already in the USA and working, what visa is he on?

a- correct, and assuming the father in law is legally in the USA, that is fine,

b. you probably need to send the tax returns, but it depends on the questions above (ie who are you filing for), and how you filed- married filing jointly?

c- yes.

Thank you for your reply I really appreciate it. I am petitioning my mom to live here who is in the Philippines right now. My husband and father in law are both US citizen. I am using my father in law as a joint sponsor because my husbands income doesn't meet the above the poverty requirements. I filed my tax return married filing jointly.

[me_2015 0]

a. A "joint sponsor" would fill out an I-864. A "household member" of yours would fill out an I-864A so that their income can be counted in your household. Your father in law is probably not your household member.

b. If you filed Married Filing Jointly with your husband, then that's your tax return. You need to provide the "total income" line from your tax return for those years. Your husband does not have to fill out an I-864A if you are not including his income in your household income (and there is no point to include his income anyway since there is a joint sponsor).

c. If the joint sponsor's own income is not enough, he can include his spouse's income by having her fill out an I-864A.

I thank you for your reply. Regarding the tax return I am a bit confuse because if I put the total income for those years it will appear that I earned an income even though it is not mine it's from my husband. (Forgive me but I am not knowledgeable when it comes to this.)In my mind I didn't have a job so I should put 0. But I guess the way you say it sounds like my husbands income tax return is mine as well since we file jointly, is this correct? Lastly, my joint sponsor's income is enough so which means his wife doesn't need to fill out an I-864? But how will this work when I put the total income of my joint sponsor, where will I find the separate total income he made for certain years without including the amount his wife made.

[dolphase 0]

I am the petitioner. I have my wife and 15months old baby that coming to join me soon. Am asked to submit affidavit of support. I am the only sponsor. I will be sponsoring my wife and my daughter on my own. But the confusion is. Am not quote sure which form to fill. Either I 864EZ or I 864. Even though there are instructions on both. But I still get confused. Please help me out people. I need to submit this form this week. I just need which form to fill. I know I have to fill a separate form but I don't know what type. Thanks

[nilx25 18]

I am the petitioner. I have my wife and 15months old baby that coming to join me soon. Am asked to submit affidavit of support. I am the only sponsor. I will be sponsoring my wife and my daughter on my own. But the confusion is. Am not quote sure which form to fill. Either I 864EZ or I 864. Even though there are instructions on both. But I still get confused. Please help me out people. I need to submit this form this week. I just need which form to fill. I know I have to fill a separate form but I don't know what type. Thanks

Is your wife and child have different case numbers? If they have same case and child is derivative beneficiary then you need to file I864. I 864ez is for people who has only one intending immigrant. I highly recommend to file I864.

[dolphase 0]

They have different case number.

[me_2015 0]

Is your wife and child have different case numbers? If they have same case and child is derivative beneficiary then you need to file I864. I 864ez is for people who has only one intending immigrant. I highly recommend to file I864.

nairabill i agree with nilx25's opinion... goodluck

[nilx25 18]

I thank you for your reply. Regarding the tax return I am a bit confuse because if I put the total income for those years it will appear that I earned an income even though it is not mine it's from my husband. (Forgive me but I am not knowledgeable when it comes to this.)In my mind I didn't have a job so I should put 0. But I guess the way you say it sounds like my husbands income tax return is mine as well since we file jointly, is this correct? Lastly, my joint sponsor's income is enough so which means his wife doesn't need to fill out an I-864? But how will this work when I put the total income of my joint sponsor, where will I find the separate total income he made for certain years without including the amount his wife made.

As my understanding is that if you want have you filled out I864, your husband I864A, your father in law I864 and his wife I864A. Its more paperwork to do but its full proof. If you want to know your father in law's only income then use his income from W2 forms and Employment letter. Most of time NVC really want to know your current income but As I said if all family members file above forms. It will avoid some problems.

They have different case number.

Then you need to file two I864 for each cases.

[newacct 688]

As my understanding is that if you want have you filled out I864, your husband I864A, your father in law I864 and his wife I864A. Its more paperwork to do but its full proof. If you want to know your father in law's only income then use his income from W2 forms and Employment letter. Most of time NVC really want to know your current income but As I said if all family members file above forms. It will avoid some problems.

Then you need to file two I864 for each cases.

It doesn't make sense for the petitioner's husband fill out I-864A if there is a joint sponsor. If there is a joint sponsor, then that means the petitioner's household income is not considered. So what's the point of counting income from household members if the household income doesn't matter?

[me_2015 0]

It doesn't make sense for the petitioner's husband fill out I-864A if there is a joint sponsor. If there is a joint sponsor, then that means the petitioner's household income is not considered. So what's the point of counting income from household members if the household income doesn't matter?

newacct, i am thinking the same way.... hope someone can really give me the best route to take.... i cannot start my affidavit of support because of this confusion