I will have a sponsor and co-sponsor... which I 864 do they fill?

[LondonWelsh 0]

Hi again again!

My husband is my petitioner but, as I've mentioned elsewhere on this site, he hasn't been resident in the US for 10years and isn't a high earner (self employed) (I know he'll have to back-file with the IRS and provide financial info anyway, and be prepared to show he wants to resettle in the States). I believe as he is the petitioner and my spouse he will have to be the main Sponsor for my visa application.

My Father in Law will be co-sponsoring as he is a homeowner, has liquid assets, retirement stocks (I don't really know what those things mean TBH but never mind!) and is also self-employed but earns more.

Does my husband fill in the I 864 and my FiL the I 864EZ? Or do they both fill in an I 864?

I will also most likely have a question about household size as that REALLY confuses me but I will save that one

Thanks in advance!

LW

[LondonWelsh 0]

Hmm... I think?! this suggests they both have to fill in the full version...?

http://www.***removed***/affidavit-of-support/i-864ez-affidavit-of-support.html

Hi again again!

My husband is my petitioner but, as I've mentioned elsewhere on this site, he hasn't been resident in the US for 10years and isn't a high earner (self employed) (I know he'll have to back-file with the IRS and provide financial info anyway, and be prepared to show he wants to resettle in the States). I believe as he is the petitioner and my spouse he will have to be the main Sponsor for my visa application.

My Father in Law will be co-sponsoring as he is a homeowner, has liquid assets, retirement stocks (I don't really know what those things mean TBH but never mind!) and is also self-employed but earns more.

Does my husband fill in the I 864 and my FiL the I 864EZ? Or do they both fill in an I 864?

I will also most likely have a question about household size as that REALLY confuses me but I will save that one

Thanks in advance!

LW

[Nich-Nick 3,354]

Husband: I-864. Requires latest tax return supplied with it.

Father in law: I-864. Requires latest tax return.

If he filed jointly with a wife, then clear proof of his separate income with other evidence.

Many suggest she be added to his I-864 and fill out an I-864A herself.

Proof he is a USC.

The instructions for the forms are very helpful. The I-864EZ says--

Who may use this form?

You may use Form I-864EZ if ALL the following conditions apply:

1. You are the person who filed or is filing Form I-130, Petition for Alien Relative, for a relative being sponsored;

2. The relative you are sponsoring is the only person listed on Form I-130; and

3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Internal Revenue Service (IRS) Form W-2s provided by your employers or former employers.

Father in law fails to qualify on #1.

Edited December 14, 2015 by Nich-Nick

[LondonWelsh 0]

Thanks Nich-Nick!

My Father-in-Law isn't married and doesn't work, or own property, with anyone else so that should be fairly simple I hope

I think maybe my husband wouldn't qualify for the EZ form either in accordance with:

3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Internal Revenue Service (IRS) Form W-2s provided by your employers or former employers.

...as he's self-employed and hasn't lived or paid taxes in the US for so long (he's currently looking at what he needs to do to back-file with the IRS, sigh!) so I think he's going to have to use the longer I-184 too.

Thanks again!

Husband: I-864. Requires latest tax return supplied with it.

Father in law: I-864. Requires latest tax return.
If he filed jointly with a wife, then clear proof of his separate income with other evidence.
Many suggest she be added to his I-864 and fill out an I-864A herself.
Proof he is a USC.

The instructions for the forms are very helpful. The I-864EZ says--

Who may use this form?
You may use Form I-864EZ if ALL the following conditions apply:
1. You are the person who filed or is filing Form I-130, Petition for Alien Relative, for a relative being sponsored;
2. The relative you are sponsoring is the only person listed on Form I-130; and
3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Internal Revenue Service (IRS) Form W-2s provided by your employers or former employers.

Father in law fails to qualify on #1.