I-864A or I-864 (AOS from K1)

[francais_usa 74]

Hello,

I'm prepping the AOS packet, and I'm not sure whether it is better for my mother (joint sponsor) to file jointly with me via I-864A or to file with I-864. My mother can easily support my fiancé without us combining our incomes, but the I-864A form seems a lot shorter, and I'm wondering if there's any downsides for her to use this one instead of I864. If we use I864A, does immigration use the household count I included in I864 to see if our gross incomes covers the new immigrant?

She files taxes jointly with my father and claims me and my other sibling as a dependent. She would be supporting a household of 5 (my fiancee, her husband, my sibling, me, herself).

Thanks!

Edited January 18, 2016 by francais_usa

[Anh map 2,098]

You compete the form I864 as the petitioner/primary sponsor regardless of income.

Mom completes an I-864 as well with Dad doing an I-864A along with mom. That is the cleanest and easiest way.

[francais_usa 74]

You compete the form I864 as the petitioner/primary sponsor regardless of income.

Mom completes an I-864 as well with Dad doing an I-864A along with mom. That is the cleanest and easiest way.

ok--in form I864 for my mom, does she check the box saying she's the only joint sponsor if my dad is also filling out i-864A? And if she files taxes jointly with my dad, is it required for him to fill out form I-864A or can she just fill out i864?

[francais_usa 74]

Oh I think I understand. Mom would submit I-864 with her income alone, and then dad wouldn't need to fill out I864A (so it would just be me (The petitioner's) i864 + mom's i864). I guess I864A is only used for if it's necessary to combine incomes to cover the household poverty guidelines.

[KayDeeCee 4,892]

If they file taxes jointly, be sure to include her W-2 along with their joint tax transcript to show her individual income from the joint return. Also, be sure she include proof of her individual annual income to show it is enough for her household size plus the intending immigrant.

[francais_usa 74]

If they file taxes jointly, be sure to include her W-2 along with their joint tax transcript to show her individual income from the joint return. Also, be sure she include proof of her individual annual income to show it is enough for her household size plus the intending immigrant.

Great, thank you!

[Anh map 2,098]

There are times when the CO requests an I-864A from a joint sponsor's spouse to make sure that the spouse (Dad in this case) is aware of the obligation that (Mom in this case) is undertaking. Why not do it to avoid any possible delays?

[francais_usa 74]

There are times when the CO requests an I-864A from a joint sponsor's spouse to make sure that the spouse (Dad in this case) is aware of the obligation that (Mom in this case) is undertaking. Why not do it to avoid any possible delays?

ok, i can do that.

[KayDeeCee 4,892]

There is no CO(consular officer) involved when adjusting status in the US.

The I-864A is an optional form, and is used when a qualifying household member needs to include their income/assets in order for the combined income/assets to meet the 125% requirement. The I-864 instructions even specifically point out what to send when you file jointly but are using your individual income alone to sponsor.>

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every
Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS
transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return
with your spouse and are qualifying using only your income.

[francais_usa 74]

There is no CO(consular officer) involved when adjusting status in the US.

The I-864A is an optional form, and is used when a qualifying household member needs to include their income/assets in order for the combined income/assets to meet the 125% requirement. The I-864 instructions even specifically point out what to send when you file jointly but are using your individual income alone to sponsor.>

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every

Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS

transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return

with your spouse and are qualifying using only your income.

Ok, so you're saying the I864A is not needed, and my mom can just provide the I864 with her W-2, 1099, and and fed income tax return for the most recent tax year? I was only going to include the forms for 2015, since that's a change I think the USCIS instituted some time ago.

[KayDeeCee 4,892]

Ok, so you're saying the I864A is not needed, and my mom can just provide the I864 with her W-2, 1099, and and fed income tax return for the most recent tax year? I was only going to include the forms for 2015, since that's a change I think the USCIS instituted some time ago.

If she meets the income requirement on her own for her household size(herself, spouse, minor children or anyone else claimed as a dependent on her tax return) plus the intending immigrant, then her husband should not have to provide an I-864A. Of course I cannot guarantee that you definitely will not get an RFE requesting the optional form(or any other reason for an RFE), but it should not be needed. I don't see RFEs specifically asking for this. They typically state that the sponsor/joint sponsor does not appear to meet the 125% requirement and list options for ways to resolve this and respond to the RFE.

The most recent tax return would still be 2014, unless they have already filed their 2015 taxes. Besides the joint tax return and her individual W-2 and 1099, she needs to include proof of current income too. That can be a letter from employer, recent pay stubs, or any other documentation for her source(s) of income. Don't just send the tax return and no other documentation of her individual current annual income.

She also needs to include proof of being a USC or LPR.

[francais_usa 74]

Great, thank you! And yes we are currently filing our 2015 taxes and it should be done by the time I apply for AOS.